Fairer compensation for flight delays in Europe

[Greg McDonald]

From NEWS.COM.AU:

AIRLINE passengers whose flights are delayed by more than three hours are set to receive the same compensation as those whose flights are cancelled when travelling in Europe. The European Court of Justice in Luxembourg said that passengers whose flights were significantly delayed should be entitled to up to 600 Euros ($975), the UK’s Daily Mail reports.

Under the landmark judgement an airline would only be able to deny compensation if the delays were caused by “extreme circumstances” beyond its control.

A plane suffering technical difficulties would not be counted as an "extreme circumstance".

"Passengers on a flight which is cancelled at short notice have a right to compensation, even when they are re-routed by the airline on another flight, if they lose three hours or more in relation to the duration originally planned," the judges ruled.

"There is no justification for treating passengers whose flight is delayed any differently when they reach their final destination three hours or more after the scheduled arrival time."

Airlines condemned the decision, especially the refusal to include technical difficulties as an “extreme circumstance”.

"The idea that a technical fault is within an airline's control is absurd," said Paul Charles, a Virgin Atlantic spokesman told the UK’s Daily Mail.

"If it was within an airline's control it would have been scheduled. Judges who made this ruling are living in cloud cuckoo land No airline would load passengers, luggage and fuel knowing that there would be a technical problem.”

Under existing European Court of Justice rules passengers can demand a full refund if their flight is cancelled or delayed by over five hours. They are entitled to a meal and phone call and a hotel room overnight when necessary.

Are there any 'official' rules in Aus or do they leave it to the airlines to decide? Judging by some of the decisions by airlines that we hear about, it's up to them.