
The Swedish Consumer Agency explains what applies to the air passenger regulation and extraordinary circumstances
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The EU regulation on air passenger rights entitles consumers to compensation in the event of canceled or delayed flights. The Swedish Consumer Agency provides guidance on what applies, including exceptions for extraordinary circumstances and differences between package tours and regular flights.
If a flight within the EU is canceled or delayed, consumers are usually entitled to compensation from the airline. The customer is entitled to a refund or rebooking – but is also entitled to a flat rate from 250 to 600 euros. This is regulated by an EU regulation, says Hanna Bornstedt, supervisor at the Swedish Consumer Agency.
- Through what is usually called the Air Passenger Ordinance, these rights apply if the flight is canceled or delayed by more than three hours.
The compensation therefore applies in addition to a normal refund.
- The compensation is because it is partly a difficult situation for the consumer, partly because the customer loses time, says Bornstedt.
However, the consumer is not always entitled to the standard amount. In "extraordinary circumstances" - such as in the event of a bomb threat when the flight is rescheduled or diverted, the consumer may be entitled to compensation only through a refund or rebooking.
- If the airline can point to an extraordinary circumstance that is beyond their control, where they have done everything expected of them, such as in the event of a security threat - then the consumer is not entitled to extra compensation.
Although in recent days there have been threats against airports around Europe, as a consumer in Sweden, you do not have the right to have your trip rebooked or to be reimbursed, if the flight is scheduled to go as usual.
- If you are afraid of flying, you can check what type of ticket you have. Unfortunately, you do not have the right to get the money back just because you are worried, says Bornstedt.
However, you may be entitled to a certain amount of compensation if you want to cancel your flight, even if you have not booked a cancellable or refundable ticket.
- If you cancel your flight, you have the right to get back, for example, flight tax if there is any in the current case, or if there are other expensive fees that airlines need to pay to travel into a particular country. How big that part is varies depending on the case.
The customer also has different rights depending on whether he has booked a package trip or regular scheduled flight. If you have booked a package tour, you are protected by the Package Travel Act. It means even stronger protection because it protects the consumer both in terms of flights, hotels and any travel between flights and accommodation.
- If you are going to fly soon and feel worried about, for example, security threats, you can contact the tour operator and explain the situation. How will the organizer guarantee security? Is this an extraordinary circumstance that makes one's trip impossible to complete?
Hanna Bornstedt points out that if you are not heard, you as a consumer can have the matter tried.
- You can argue for your cause and that you need to cancel because of the situation. But if you still cannot agree, you can contact the General Complaints Board and try your case there.
If you book through an intermediary, the airline is still responsible for your trip, says Hanna Bornstedt.
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