Flight cancellation and delay
A flight delay occurs when an airline flight takes off and/or lands later than its scheduled time. The United States Federal Aviation Administration considers a flight to be delayed when it is 15 minutes later than its scheduled time. A flight cancellation occurs when the airline does not operate the flight at all for a certain reason.
Legislation
European Union
In the European Union, Flight Compensation Regulation 261/2004 states that flight delays for over three hours, cancellations and denied boarding entitles passengers to a compensation from €250 up to €600 per passenger from the airline.United States
In the United States, when flights are canceled or delayed, passengers may be entitled to compensation due to rules obeyed by every flight company, usually Rule 240, or Rule 218 in certain locations. This rule usually specifies that passengers may be entitled to certain reimbursements, including a free room if the next flight is the day after the canceled one, a choice of reimbursement, rerouting, phone calls, and refreshments. When a flight is delayed, the FAA allocates slots for takeoffs and landings based on which flight is scheduled first. The US Department of Transportation imposes a fine of up to US$27,500 per passenger for planes left on the tarmac for more than three hours without taking off or four hours for international flights. However, passengers are not entitled to direct monetary compensation under US law when a delay occurs. Instead, airlines are merely required to pay for lodging costs of passengers if the delay or a cancellation is through their own fault, but not if the cause is beyond their control, such as weather.Brazil
Under Brazilian legislation, if a flight is delayed for over an hour, passengers are entitled to care and assistance from the airline, including communication facilities. If the delay lasts for 2 hours, passengers are entitled to food and drinks, and where the delay lasts for more than 4 hours, passengers are entitled to an alternative flight to their destination, and accommodation if the flight will be delayed overnight. If the airline fails to provide passengers with appropriate care, they can claim cash compensation up to R$10,000 per passenger.Causes
Since 2003, the United States Bureau of Transportation Statistics has been keeping track of the causes of flight delays. The number of flight delays has increased as staff has been cut back as a result of the financial woes following the September 11 attacks.Some of the causes of flight delays or cancellation include:
- Airline glitches. The top cause of flight delays, according to a USA Today analysis.
- Congestion in air traffic
- Earthquakes and tsunamis
- Fueling
- Inclement weather, such as thunderstorm, hurricane, or blizzard
- Late arrival of the aircraft to be used for the flight from a previous flight
- Maintenance problems with the aircraft
- Security issues
- Terrorist attacks
Effects
Cost to airlines
In the United States, the Federal Aviation Administration estimates that flight delays cost airlines $22 billion yearly. This is largely because airlines are forced to pay federal authorities when they hold planes on the tarmac for more than three hours for domestic flights or more than four hours for international flights.Cost to passengers
Flight delays are inconvenient for passengers as well. A delayed flight can be particularly costly to business travellers by causing them to miss scheduled appointments and interfering with other commitments. Furthermore, delayed passengers may suffer anger, frustration, and even air rage.Compensation
Flights from the EU are universally covered by Regulation No 261/2004 regardless of where the operating carrier is headquartered. This requires airlines to pay a lump-sum compensation of up to €600 to each affected passenger if the flight is cancelled on short notice or delayed by more than three hours on arrival. In effect, this means that an airline can still be required to pay passengers compensation under Regulation No 261/2004 even though it does not maintain a head or branch office in Europe.Besides, flights to the EU from other countries are also covered by said regulation if the airline carrying out the flight is based in a member state of the European Union. Therefore, a flight departing London to New York on American Airlines is subjected to the regulation, whereas the return journey on the same airline is not. On the other hand, if a flight from New York to London was operated by an EU carrier, such as Lufthansa or Air France, Regulation No 261/2004 would apply.
Following the transition period after the UK's withdrawal from the European Union, it is no longer treated as a member state under Regulation No 261/2004 but as a third country like the US. However, the European Union Act 2018 that came into force on 30 December 2020 retained EU legislation hitherto directly applicable and incorporated it into British domestic law. Likewise, the CJEU's jurisdiction on the Regulation No 261/2004 up until the end of 2020 was converted into British case law through the same statute. Consequently, passengers travelling to and from Great Britain continue to enjoy the same legal protection on their flights as before when the country was still a member of the European Union.
Only a few other states like India and Canada have implemented passenger rights that afford lump-sum compensations to travellers suffering significant flight disruptions as well. Yet, respective entitlements are generally limited to cases of severe irregularities caused by the operating airline's own negligence. Hence, such provisions afford an inferior level of protection to passengers compared to European standards.