The European winter once again shows how bad weather can turn commercial aviation upside down, with delays, cancellations and thousands of passengers trying to understand, in the midst of the chaos, what the law really obliges airlines to do. Between queues at the airport, rerouting and nights away from home, there are rights that do not disappear for those who have a flight delayed or canceled due to rain or storms.
In the first days of this month, Storm Goretti caused disruptions in several European countries, with a direct impact on airports such as Amsterdam, Paris and Brussels, in addition to power cuts and transport constraints.
When there is heavy snow, ice and high winds, all it takes is a runway needing de-icing, an aircraft out of position or air traffic limitations for the domino effect to begin. And, in large hubs, a delay in the morning can turn into a cancellation at the end of the day, according to the news portal ZAP Notícias.
It was this type of scenario that several authorities and operators faced with Goretti, with cancellations and delays accumulating over several days in some parts of Europe.
When do European Union (EU) rules apply
European passenger rights rules generally apply to flights within the EU (even with a non-EU airline), flights departing from the EU to outside the EU (with any airline) and flights arriving in the EU from outside when operated by an EU airline.
This is important because, on stormy days, there are many passengers on international flights, and the departure point and the company operating the flight make all the difference in the legal framework.
Cancellations: refund or rerouting, the choice is up to the passenger
If the flight is canceled and is covered by the rules, the company must give the passenger a choice: refund the ticket, reroute to the destination at the first opportunity, or reroute at a later date, depending on availability.
In certain situations, especially when there are connections on the same reservation, there may also be the right to a return flight to the departure airport, if the trip no longer makes sense under current conditions, according to the same source.
Delays: airport assistance and refund after 5 hours
Even when the problem is time, there is one point that is often ignored: the obligation to provide assistance. In the EU, when the expected delay exceeds certain thresholds, the passenger is entitled to support, such as meals and communications, and to a hotel with transport when an overnight stay is necessary.
If the departure delay reaches 5 hours, there is also the right to a refund of the ticket (and, in certain cases, a return to the starting point).
Compensation: when it exists and how much it can be worth
Financial compensation is not automatic just because there was a delay. In general terms, in the EU, there may be a right to compensation when arrival at the final destination is delayed by at least 3 hours and the reason does not fall within the exceptions provided. Typical prices vary between 250 and 600 euros, depending on the distance.
In the case of cancellations, compensation depends on factors such as how far in advance the passenger was informed and the type of alternative offered, so it is not an “equal for all” right in any cancellation.
It is worth noting that, although there are discussions in the EU about a possible revision of these rules, at the beginning of the year the reference framework continues to be the current regime, with the 3-hour threshold as a practical basis for many requests, says the same source.
What changes when the cause is bad weather
In episodes of severe storms, companies tend to invoke “extraordinary circumstances” to avoid financial compensation. The law allows that adverse weather conditions may fall into this category, but the company must demonstrate the link between the event and the disruption and that, even with reasonable measures, it would not have been possible to avoid the delay or cancellation.
The decisive point is this: even if there is no compensation, the obligation to provide assistance, redirection or reimbursement remains, according to the source previously cited.
And in the UK?
In the United Kingdom there is a very similar regime, applied to flights departing from the United Kingdom (with any company) and to some arriving flights, depending on the company and destination. The British authority explains that, in the event of significant delays, the company must ensure food, drinks, communication and, if it is necessary to stay overnight, hotel and transport, regardless of the cause, including extreme weather.
As for compensation in the United Kingdom, it may exist when arrival is more than 3 hours later and the reason is within the company’s control, with indicative values that vary by distance. In situations beyond your control, such as extreme weather, compensation may not be due.
What to do on the ground to avoid losing money
On days like these, the most useful thing is to act as if you need to prove everything later. Keep boarding passes, confirmations, messages from the company and, above all, receipts for expenses that are necessary and reasonable. If the company is unable to provide assistance at the moment, official guidelines allow the passenger to take care of the essentials and complain later, as long as the costs are proportional, says .
It may also make sense to check whether your travel insurance covers delays, missed connections and accommodation, because these policies, when they exist, act as an additional layer in storm scenarios and prolonged interruptions.
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