Europe is bracing for potential jet fuel shortages resulting from the ongoing international conflict in the Middle East. If your flight is affected, what are your rights?
EU legislation protects the rights of air passengers, and in many cases means that you’re entitled to compensation in the event of long delays, strikes, or, in some cases, cancellations.
But not all disrupted flights lead to compensation payments to passengers.
If the delay or last-minute (less than 14 days notice) cancellation was due to “extraordinary circumstances”, you will not be able to claim compensation.
So the big question in recent weeks has been: will cancellations due to jet fuel shortages caused by the war in the Middle East count as “extraordinary circumstances”?
The Local asked the European Commission to clarify this issue.
“Disruptions caused by jet fuel shortages can qualify as extraordinary circumstances,” a European Commission Spokesperson told The Local in an email on April 24th.
“If this is the case, airlines may not be required to provide financial compensation where they can demonstrate that the disruption was directly caused by the jet fuel shortage and that all reasonable measures were taken,” the spokesperson continued.
“We will provide a detailed guidance very soon so that airlines and passengers alike will have the same understanding of the matter,” they told The Local.
Henric Jonsson, legal advisor for the Swedish branch of the European consumer agency (ECC Sweden), told The Local that currently decisions on jet fuel shortage flight disruption compensation and “extraordinary circumstances” would be made “on a case-by-case basis”.
He also pointed out that “with ‘extraordinary circumstances’, the burden of proof is on the airline. It’s up to them to prove that they could not avoid it.”
The EU Commission Spokesperson also told The Local that airlines are in any case obliged to assist passengers.
“In cases of cancellation or significant delay, passengers are entitled to clear information, assistance and care, as well as the choice between reimbursement or rerouting to their final destination,” the spokesperson wrote.
In the case of flight disruptions to Middle Eastern countries during the current conflict, the EU has an FAQ page to help with common specific questions.
It’s important to note that “compensation” in EU air passenger law is different from reimbursement: if your EU flight is cancelled, for any reason, you are entitled to choose between a cost-free rebooking or a full refund.
“Compensation” refers not to ticket refunds but to money that airlines must pay passengers in the EU who experience certain flight disruptions.
If ‘extraordinary circumstances’ apply to your flight, you are not entitled to compensation from the airline but may still be covered by any travel insurance policy you have. It’s therefore worth getting in touch with your insurance provider to explain the situation.
What counts as an EU flight?
“Under EU passenger rights rules, protection applies to all flights departing from an EU airport — regardless of the airline — as well as to flights arriving in the EU operated by an EU carrier,” a European Commission Spokesperson told The Local.
In the air passenger rights legislation, the term “EU” means the 27 EU countries, including Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Saint Barthélemy, Saint-Martin (French Antilles), the Azores, Madeira and the Canary Islands, but not the Faroe Islands.
“EU” in this case also applies to flights to and from EFTA (European Free Trade Association) countries Iceland, Liechtenstein, Norway and Switzerland. These countries are covered by the EU rules regarding flight compensation.
This means that a journey between, for example, Canada and Iceland, would be covered by the legislation.
However if you receive compensation for the same disrupted trip under the law of a non-EU country, you are not entitled to claim compensation under EU law.
READ ALSO: Passenger compensation for flight delays set to decrease in Europe
What disruptions entitle you to compensation?
In the case of delays of three hours or more, you are entitled to compensation. The amount depends on the distance of the flight.
For delays of over two hours (in this case, this refers to departure time), the airline is responsible for informing you of your rights and offering assistance, usually in the form of of refreshments or overnight accommodation, in proportion to the timing of the delay.
If your flight is cancelled, you have the right to either a refund or rebooking, and the airline must always offer you the choice. That means that if you no longer want to travel, the airline cannot deny you a refund and rebook your flight instead.
If the replacement flight means you arrive two or more days later than planned, or if the airline informed you of the cancellation less than 14 days before the planned departure, you are also entitled to compensation.
