Air passenger rights in the European Union
- Introduction
- Travel agents and your flight information
- Check-in and boarding (flight overbooked)
- Passengers with reduced mobility
- Data protection
- Liability in the event of an accident
- Making a complaint
Introduction
Under EU and Irish law, you have certain rights when travelling by air with European airlines. All European airlines, travel agents, tour operators and businesses providing air transport services must observe your rights.
This means that you have specific rights in relation to the following:
- Access to information about flights and reservations
- Obligations of travel agents
- Liability in the event of loss of baggage or accidents
- Compensation for overbooked flights
Travel agents and your flight information
You have the right to neutral and accurate information when booking a flight through a travel agent. In other words, your travel agent must supply you with objective information (for example information that does not favour one airline over another or selective information about availability). If a travel agent is using an online reservation system, they should remain impartial until you suggest a preference or give the travel agent an option. This means your travel agent must supply information on all of the following options (in this order):
- Non-stop flights (flights that travel directly from one point to your destination)
- Flights with intermediate stops (flights that operate with a stop-over and then proceed to your destination)
- Connecting flights (a journey made up of two or more flights before you reach your destination)
- All the available fares from various airlines
When you book your ticket, your travel agent must pass on all of the information available including:
- The airline that will provide the service (if this is different from the airline mentioned on your ticket)
- Changes of aircraft that may occur during your journey
- Details of stops during your journey
- Transfers between airports that may occur during your journey
If you are travelling as part of a package holiday, the travel organiser must give you all of the essential information about the holiday before you agree to the contract. You can read more about rights in our page on package holidays and linked travel arrangements.
Check-in and boarding (flight overbooked)
If the flight is overbooked and you are told you cannot board the aircraft, you will be entitled to compensation under EU law.
However this only applies if:
- You have a valid ticket and you have confirmed your reservation
- You have presented yourself at check-in at the airport within the time specified by the airline
You can read more about compensation for overbooked, cancelled and delayed flights in the EU.
Passengers with reduced mobility
You have the right to assistance, free of charge.
This can include:
- Help with your luggage
- Getting on and off the plane
- During the flight
- In airports before and after your flight
You should contact your airline at least 48 hours before your trip and explain what assistance you need.
Airlines and tour operators cannot refuse to carry passengers (or take bookings), on the basis of reduced mobility. However, this only applies to flights from airports in the EU.
Under Regulation (EC) No 1107/2006, a reservation or boarding can only be refused for justified safety reasons. This also includes if the boarding or transport of a person with a disability or reduced mobility is physically impossible, either due to the size of the aircraft or its doors. If a person is refused a reservation, an acceptable alternative must be offered. If boarding is refused, the person must be offered either a refund or an alternative flight. Airport authorities must provide assistance without extra cost to the person concerned, but it may levy a charge on all passengers.
Other provisions under this Regulation include the following:
- On flights from EU airports, airlines must provide certain services, such as carrying wheelchairs or guide dogs, free of charge.
- Both airport authorities and airlines must provide training to their staff, so that those providing direct assistance to people with disabilities and reduced mobility should know how to meet their needs. All staff working at the airport should be provided with disability equality and awareness training.
More information is available from the Irish Aviation Authority (IAA).
Data protection
Passengers who book flights in the EU have the right to know about any of their personal details which are being held or stored. They have a right to know what this information is to be used for and who is in control of this information. When your travel agent is making an online reservation on your behalf, they must tell you why the information is necessary, how long it is being stored for, which staff member is dealing with your booking and how to contact the organisation. Anybody who requests this information must be given free access to their personal details that are being stored. The Data Protection Commission has been established to uphold your rights to your personal information.
Liability in the event of an accident
There is no financial limit on the liability of an EU airline for damages sustained in the event of death, wounding or any other bodily injury. For damages up to 128, 821 Special Drawing Rights (SDRs), the airline cannot contest claims for compensation.
Special Drawing Rights (SDR) are a mix of currency values established by the International Monetary Fund (IMF). The current value of an SDR in Euro is available on the IMF's website. The liability limits are reviewed every 5 years. Find out more about an airline's liability following the death or injury of a passenger, or damage or loss of luggage in our page on airline liability.
Making a complaint
If you have a complaint about the assistance and compensation you have received for denied boarding or cancelled or delayed flights, you must begin by contacting your airline directly.
If you feel your rights have not been met and you have not received the level of treatment or compensation to which you are entitled, you should contact the Irish Aviation Authority or the Competition and Consumer Protection Commission (CCPC) and make a complaint. You can also contact the Directorate-General for Transport and Energy of the European Commission.