What you can do about missed flights

By JIM EAGLES

Ever been bumped off a flight because it was overbooked, missed an appointment because an airport was closed by bad weather, or had a holiday cut short because your plane had mechanical problems? Frustrating, isn't it.

So what can you do about it? What are your rights? It depends.

Depends what country you're in, what airline you've booked on, what sort of ticket you hold, what caused the delay, who you are, and your reason for travelling.

You may be entitled to quite a lot, or you may be entitled to very little.

As the aviation consumer protection division of the US Department of Transport points out on its website, the policies of different airlines vary enormously.

It advises: "If you are delayed, ask the airline staff if they will pay for meals or phone calls. Some do not provide any amenities to stranded passengers. Others may not offer amenities if bad weather or something else beyond the airline's control causes the delay."

Air New Zealand is probably representing every airline in the world when it says "it is extremely unfortunate when delays occur" and when it does the airline "is committed to working with its customers to ensure minimal disruption to their travel plans".

But, as they are commercial organisations, there is a limit to how much airlines are prepared to do for those customers.

The baseline for what you can expect is provided by international conventions that most airlines have signed which state that a passenger whose flight doesn't take place is entitled to a fare refund.

On top of that, many countries have also passed laws laying down levels of assistance passengers should be given depending on the circumstances.

From a passenger perspective, the most generous place to suffer flight delay is the European Union, which has new rules due to come into force in February - though the aviation industry is challenging them in court - that would significantly increase what airlines have to provide.

The EU wants anyone bumped off an overbooked flight to get up to $1000 compensation, as well as a ticket refund or a booking on an alternative flight.

But the most controversial provision is that where a flight is delayed for reasons outside the airlines' control - bad weather, say, or state security requirements - the EU thinks passengers should still be given free meals and refreshments, a hotel room when they have to stay overnight, and reimbursement of their fare when there is a delay of more than five hours.

Like most airlines, Air New Zealand is appalled at this prospect.

"It would be grossly unfair for airlines to have to pay compensation for delays outside their control," says a spokesman.

"Others in the transport sector, such as bus and taxi companies, are not required to. Therefore, it is illogical that airlines should be subject to a different set of rules."

Most airlines usually go beyond whatever may be required by international conventions or national laws to keep their customers happy.

In the United States. most airlines have produced Customer Service Plans which, if you cut through the verbiage behind which many are concealed, state precisely what they will do for customers whose flights are delayed or cancelled (links to these are on airconsumer.ost.dot.gov). Other airlines tend not to publicise their rules, to preserve a bit of flexibility, but the basic picture is fairly much the same.

If a flight is cancelled or delayed because of reasons outside the control of the airline - typically weather - they consider their obligations are fairly limited.

They will refund your ticket price or book you on another flight. Where possible, they may organise alternative transport, such as a bus trip. If there is an overnight delay they will help with finding suitable accommodation. That's about it.

But if a problem stems from something within the control of the airline - a mechanical breakdown, say, or staffing difficulties - most airlines will do a lot more.

They will provide food and accommodation if necessary, maybe help to fill the time with a free sightseeing trip, and give out phone cards so passengers can contact relations.

As well as refunding fares or booking on to other flights, they will also try to find seats on other airlines, even if the fare is considerably higher than the ticket price.

Some airlines are completely inflexible in the way they apply the rules for fear the exception may become the norm.

But most will stretch the rules in special cases: good customers, families with young children, the sick and such like.

If the problem is due to overbooking - something all airlines acknowledge doing - then they go further still.

First they will look for volunteers willing to give up their seats in return for another flight and some financial compensation.

If that fails, they will try to placate those who are involuntarily bumped with fare refunds and compensation.

Airlines are inclined to be circumspect about the sort of compensation they are prepared to give, but the US airline Southwest says on its web page it pays volunteers "a travel voucher in the amount of US$100 [$158] plus an amount equal to the face value of your remaining one-way flight coupons", as well as rebooking on to a later flight.

Ironically, someone who ends up being bumped involuntarily doesn't do quite so well. They are booked on the next available flight and a payment of up to US$400 ($635) if the delay is more than two hours.

That sort of payment is, however, about all you are likely to get, even if a disrupted flight means a lost business deal, a missed funeral or a spoiled holiday.

Airlines argue that is a risk customers should insure themselves against.

They vigorously resist paying compensation for that sort of thing and, on the whole, have received legal backing for that view.

Our Civil Aviation Act limits an airline's liability to the lesser of any actual loss caused by a delay and 10 times the cost of the ticket, and few people get that far.

A spokesperson for the Ministry of Consumer Affairs says airlines essentially have the same responsibilities as any other service provider.

"If the consumer buys a ticket for a particular service then the airline is required to provide that service.

"If the airline overbooks - and they all do it - it's up to them to provide a remedy.

"The only exception is if the problem is caused by circumstances beyond the airline's control, such as fog at the airport or some problem overseas."

The law does not specify particular remedies, the ministry says. Instead, it gives consumers the right to expect a remedy.

If a consumer is not satisfied with the remedy offered "then the ultimate step is to go to the Disputes Tribunal or the courts. But the preferable course is for a solution to be reached by mutual agreement.

"Basically, you have to give the trader an opportunity to fix the situation. In the case of an airline it could be to go on a different flight or it could be to get some of your money back. It's a matter for the parties to agree on."