Think you’re protected by European consumer laws like EU 261/2004, which forces air carriers to compensate passengers in the event of a delay or cancellation? Think again. A report by the UK watchdog Air Transport Users Council concludes airlines have found a clever way around the rule.
Essentially, they are giving the cold shoulder to passengers who either make a connection on the same carrier or self-book trips on two or more airlines. But that isn’t the only way around the new and largely misunderstood consumer law.
According to the report:
The AUC has received a number of complaints both from passengers who have been left out of pocket because they have missed a flight connection on a “through” ticket on a “network” carrier, and from passengers who have attempted to make their own “connections” on two completely separately contracted flights.
The agency notes that if a passenger has a “through” ticket with a network airline, the airline has a contractual obligation to get them to their destination should they miss their connection. But it would not necessarily offer them any assistance during the delay to their journey.
Under an International Air Transport Association (IATA) Resolution, that is binding on member airlines (most network carriers), the “forwarding air carrier” should provide refreshments and hotel accommodation to passengers who miss their connection when connecting from one IATA airline to another. But the Resolution does not apply if passengers are connecting between two flights of the same airline.
In that case, it’s the airline’s decision to pay for meals and hotel accommodation. While many do, there are at least two notable exceptions. KLM does not provide assistance if the delay to the first flight was due to anything that they consider “outside their control” such as air traffic control or weather. And Continental Airlines goes as far as to say so in its conditions of carriage.
A second way around EU 261/2004 is what I’d call the “not our problem” excuse. A number of passengers make their own connections by buying two or more tickets under separate reservations for flights that connect with each other at an intermediate airport, according to the report. That either saves them time or reduces their travel time.
However, with such connections, each ticket is bought under a separate reservation (and therefore a separate contract) and both carriers have no obligation to refund passengers or put them on another of its flight should passengers miss their connection We have received a number of complaints from passengers who have missed such a connection and have had to pay for a new ticket, often at a more expensive, last minute, fare. And they often have also had to buy meals, and maybe a room for the night, if the next flight isn’t till much later or the next day.
This is a little trickier, because it isn’t clear which airline would be responsible for the compensation. Should carrier A, which had the delay, pay for the hotel? Or should carrier B, to which a passenger is connecting, pick up the tab? The AUC suggests the best way to prevent this from being a problem is educating self-booking air travelers on the risks of buying separate itineraries.
A third way airlines are getting around the rule, which isn’t mentioned in this report, is by playing semantic games. For example, airlines are reluctant to cancel a flight because they would have to pay out more compensation. So they simply “delay” their flight indefinitely. Similarly, airlines are willing to say that almost anything is “beyond their control” in order to wiggle out of EU 261/2004, which has a clause that lets airlines off the hook for circumstances that are out of their hands.
Here’s a tip: if you think your airline is playing fast and loose with Europe’s consumer protection laws, send a firm letter to the airline. It should contain two things. First, mention that you are willing to take this to court if necessary. And second, say that the carrier didn’t follow EU 261/2004.
I’m told that the letter will be assigned a high priority and settled quickly, since airlines will do anything to to avoid having their interpretation of EU 261/2004 challenged in a European court.
Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.
Elliott is consumer advocate 
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