In response to the upcoming strike by Ryanair’s ground handling staff scheduled for the second half of August, the European Consumer Centre in Spain (ECC-Spain) reminds air passengers of their rights in the event of flight cancellations or delays:
• Right to information. Airlines are required to provide passengers with a written notice outlining their rights. If this is not provided, passengers are entitled to request it.
• Right to care. During the wait for a delayed flight or alternative transport, passengers have the right to adequate meals and refreshments, two phone calls or email access. If an overnight stay becomes necessary, passengers are also entitled to hotel accommodation and transport between the airport and the hotel.
• Right to reimbursement (within seven days) or alternative transport. In the event of a flight cancellation, passengers are entitled to choose between a full refund or alternative transport to their final destination. If the flight is not cancelled but delayed by five hours or more, passengers may decline to travel and request a refund; however, in such cases, compensation is not applicable.
• Right to compensation. In cases where a flight is cancelled or the passenger arrives at their final destination with a delay of at least three hours, they may be entitled to compensation, unless the airline can prove that the delay was caused by extraordinary circumstances and that all reasonable measures were taken to avoid it. ECC-Spain stresses that strikes involving the airline’s own personnel do not qualify as extraordinary circumstances. (Court rulings: C-195/17 Krüsemann, C-28/20 Airhelp, C-613/20 Eurowings, C-287/20 Ryanair).
Compensation amounts vary depending on the flight distance:
€250 for flights up to 1,500 km
€400 for intra-EU flights over 1,500 km and other flights between 1,500 and 3,500 km
€600 for flights exceeding 3,500 km
However, compensation is not due if the airline informs passengers of the cancellation at least two weeks prior to the scheduled departure, or between two weeks and seven days before departure while offering an alternative flight departing no more than two hours earlier and arriving less than four hours later than the original flight. Similarly, no compensation is owed if notice is given less than seven days in advance, but an alternative flight allows departure no more than one hour earlier and arrival less than two hours later.
Moreover, compensation amounts may be reduced by 50% if the airline offers alternative transport that meets certain arrival time conditions relative to the original itinerary.
Immediate compensation payment
Compensation must be paid without delay and without requiring any additional formalities from the passenger. The Court of Justice of the European Union clarified in an October 2023 ruling that the right to compensation also applies when boarding is denied in advance and that passengers are not required to appear for check-in in such cases.
Passengers must present themselves for boarding in order to qualify for compensation.
According to a European Court ruling, passengers of a flight delayed by at least three hours who do not check in or who independently book an alternative flight that arrives with a delay of less than three hours are not entitled to compensation.