Know your rights when flying from or within Europe

Oh, those Europeans. They know how to live: six-week vacations, fine wine, great museums … and consumer protection for airline passengers.

In the U.S., thanks to our laissez-faire attitude toward business in general, consumers have very few protections when it comes to a flight cancellation or delay. Federal law basically only covers denied boarding compensation (when a passenger is bumped off a flight) and that protection, ranging from a cash payment of $200 to $400, is ridiculously low and out of date.

However, in Europe things are quite different. Consumers there actually have some rights, and these forward-thinking rules also apply to non-Europeans who are flying out of Europe (but not those flying to Europe, unfortunately). They put to shame the paltry protections offered in the U.S.

Feel free to poke around on the European Commission, or EC, transport site (http://ec.europa.eu/transport/index_en.html) where you see these regulations spelled out. Once there, click on Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004, which is a .pdf file. This regulation was put in force on Feb. 17, 2005. If you're traveling from a European airport you'd do well to download this document, print it out, carry it with you and present it to your airline in the event of a cancellation or lengthy delay.

You can see British Airways' statement of these regulations at www.britishairways.com/travel/euclaimnor/public/en_gb.

Combative low-cost carrier Ryanair barely mentions the EC rules in its contract, available at www.ryanair.com/site/EN/conditions.php.

U.S. airlines, except for US Airways, do not post these rules on their Web sites. Naughty of them (and even US Air only includes the cash compensation for a delayed flight from Europe back to the U.S.). Obviously, most airlines would be very happy if you don't see this article or the EC rules.

What you might be owed

In addition to dealing with delay and cancellation monetary compensation, the EC rules also specify that hotel accommodations and meals must be provided for delays a day or more in length. And it's clearly spelled out that should the delay or cancellation result in the purchased flight "no longer serving any purpose in relation to the passenger's original travel plan" (meaning that the trip is now futile), said passenger is entitled to a full refund within seven days, even on "nonrefundable" fares. The compensation limits also apply to bumping (denied boarding due to an oversold flight), providing more compensation than U.S. airlines are required to pay.

And there's this: "This Regulation shall apply without prejudice to a passenger's rights to further compensation." Meaning? Take them to court if you're not happy.

If your flight is canceled fewer than seven days before departure and you're offered an alternate flight that's scheduled to depart more than one hour later than originally scheduled and that flight arrives more than two hours later than your original flight; or if your original flight's departure is delayed for two or more hours, the following compensation rules apply (we've translated the rules for your reading pleasure):

Let's say your flight leaves more than two hours late, but your alternate flight of 932 or fewer miles arrives less than two hours late, the airline can reduce its penalty by half, to 125 euros or about $181; or, if the flight is not more than three hours late arriving for flights up to 2,174 miles, you'll get $290; or not more than four hours late arriving for long-haul flights, you'll get $437.

However, if your flight leaves more than two hours late, and arrives more than two, three, or four hours late, then the 50 percent discount does not apply. A bit complicated, but the bottom line is that you're covered for severe delays when traveling within or from Europe.

The compensation shall be paid in cash, by electronic bank transfer, bank orders or bank checks or, with the signed agreement of the passenger, in travel vouchers and/or other services.

Tell that to American Airlines when all it offers you is a voucher for a Diet Coke at Heathrow.

Also, for more information and tips about your rights as an airline passenger traveling from or within Europe, visit Air Passengers' Rights (www.airpassengers.eu), a site established by Amandine Garde and Michael Haravon, two European lawyers.

Exceptions to the rule

Deep in the EC Web site, however, there is this disclaimer: "Airlines are not obliged to pay compensation if they can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken (e.g. political instability, meteorological conditions, security risks, unexpected flight safety shortcomings, wildcat strikes) -- safety remains the most important right of each passenger! In these cases, the burden of proof lies with the airline, and passengers still have the right to information, assistance and re-routing."

So, presumably, the airline has to show you some kind of proof that weather or a strike caused the delay.

Needless to say, some European airlines and airline associations were not happy with this regulation, and challenged it in court, but they have been so far unsuccessful.

And there are more exceptions. These regulations may not apply if: you are traveling on a free ticket other than a frequent-flier ticket; you're informed of a cancellation at least two weeks before departure; you're informed of a cancellation one to two weeks before departure and offered re-routing that gets you to your destination no more than four hours late; and you're informed of the cancellation between fewer than seven days before departure and you are offered rerouting that gets you to your destination fewer than two hours late.

Like any law, this one is subject to amendment and further legal challenges. But it's pretty clear that the U.S. could learn a thing or two from Europeans when it comes to protecting air passengers' rights (but hey, they've been writing laws far longer than the U.S. has).

For further details, you can e-mail the EC at tren-aprights@ec.europa.eu.

Reach George Hobica at

hobica@gmail.com, Kim Liang

Tan at KimLiangTan@aol.com

or log on to www.airfarewatchdog.com.