Good things to know when flying in Europe

By George Hobica

updated 12:25 p.m. ET Nov. 6, 2007

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 the 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 (that's when a passenger is bumped off a flight) and that protection, a cash payment ranging from $200 to $400, is ridiculously low and out of date.

But these are not government regulations (though they stem from pre-deregulation government edicts) and there is absolutely no cash or other monetary compensation for delayed or canceled flights within or without the airlines' control.

However, in Europe things are quite different. Consumers actually have some rights. 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.

These regulations are spelled out on the European Commission's air transport Web site. 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 do 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.

British Airways' has a statement on its Web site detailing the compensation terms under the regulations, but combative low-cost carrier Ryanair barely mentions the EC rules in its contract.

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

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.

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And it's clearly spelled out that should if 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 7 days, even on "non refundable" fares. The compensation limits also apply to bumping (denied boarding due to an oversold flight), providing more compensation than US airlines are required to pay.

Oh, 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. Hello, Washington?

Exceptions and legal challenges
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, wild cat 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."

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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 so far they have been unsuccessful.

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