What are my rights in Italy if a flight is cancelled or delayed?
Disruption to a planned flight can ruin a holiday or business trip and cause a lot of stress, but you are legally entitled to assistance and even compensation in many cases.
EU legislation protects the rights of air passengers, and in many cases means that you're entitled for compensation in the event of delays, strikes, and more. But the majority of travellers aren't aware of their rights, so here are the answers to the questions you might have.
How do I know if my flight is covered?
According to the EU's Air Passenger Rights page, EU legislation applies if any one of the following criteria is met:
- Your flight was within the EU
- Your flight went from an EU country to a non-EU country
- Your flight went from a non-EU to an EU country, and was operated by an EU airline
For the purposes of this legislation, the term 'EU country' also includes Norway, Iceland, and Switzerland, so that a journey between Canada and Iceland, for example, would count as a journey between a non-EU country and an EU country.
If you receive benefits for the same journey under the law of a non-EU country, you are not entitled to claim for benefits under EU law.
And if the delay was due to "extraordinary circumstances", you will not be able to claim compensation.
READ ALSO: Should you travel in Italy when there’s a strike on?
There a large number of circumstances in which you're entitled to compensation if your EU flight is delayed. Photo: Christophe Simon/AFP
Which airline operated my flight?
This is important, because for journeys from non-EU countries to EU countries, you are only covered if the operating airline is licensed in the EU. Sometimes, the airline you book your ticket with is not actually the airline that operated the flight.
The name of the operating airline should be on your ticket and booking details, or you can contact the airline or company with which you booked your flight to find out.
What compensation am I entitled to if my flight is delayed?
In the case of delays of three hours or more, the EU's Air Passenger Rights page says you are entitled to compensation.
To calculate the delay, you measure the time difference between the scheduled arrival time and the actual arrival time. This means that even if your departure time was over an hour later than scheduled, the flight may not be considered delayed if the pilot was able to make up the time during the journey.
The two factors that determine your level of compensation are length of delay and distance of the flight. The price you paid for your ticket is not taken into account, so you may even receive compensation of a significantly higher amount than you paid for the flight. Calculate the distance of your flight here.
If you can, speak to customer services at the airport as soon as you're affected. Photo: Alberto Pizzoli/AFP
For delays of more than three hours on journeys of up to 1,500 kilometres (equivalent to the distance between Rome and London or Milan and Athens), you are entitled to compensation of €250.
For delays of more than three hours, with a distance of either more than 1,500 kilometres within the EU or between 1,500-3,500 kilometres travelling to or from a non-EU country, you are entitled to €400 compensation.
READ ALSO: Will American tourists need to pay a fee to visit Italy?
And for all other flights covered by the EU legislation, i.e. flights to or from a non-EU country of over 3,500 kilometres, the European Parliament's Passenger Rights page says you are entitled to €300 if the delay is under four hours and €600 for delays of four hours or more.
Note that the EU’s Air Passenger Rights page says: "If the airline has offered you re-routing and you reach your final destination with a delay of 2, 3 or 4 hours, your compensation may be reduced by 50%."
Am I entitled to any other benefits?
Yes! For delays of over two hours (in this case, this refers to departure time), the airline is responsible for informing you of your rights and offering assistance.
According to the EU's Air Passenger Rights page, this means that you should be offered free food and drink (usually in the form of a voucher you can spend at the airport) and the opportunity to make two phone calls for free, if the delay meets any of the following criteria:
- A delay of over two hours on a flight up to 1,500 kilometres
- A delay of over three hours, if the flight distance is over 1,500 kilometres within the EU or between 1,500-3,500 kilometres between the EU and a non-EU country
- A delay of over four hours for all other flights
The food and drink you are offered should be "in proportion to your waiting time," according to the EU's FAQ page, so a mid-morning delay will usually result in a smaller amount of compensation or food than an evening or overnight delay.
READ ALSO: On which popular routes in Europe is train travel cheaper than flying?
For overnight delays, the airline must also provide you with accommodation and transport to and from the airport. Airlines cannot refuse to provide this assistance; if it isn't offered at the time, simply keep your receipts and a record of what you needed to spend, and make a claim for a refund when you get home.
However, it must be proportionate, which means a hotel of a similar standard to the one you stayed in during your trip (or as close to the same standard as is possible).
If you have to wait a long time, the airline is required to provide you with refreshments. Photo: Andreas Solaro/AFP
What if my flight is cancelled?
If your flight is cancelled, the EU's Air Passenger Rights page says you are entitled to any of a refund, a re-routing, or a re-booking, and the airline must always offer you the choice. That means that if you no longer want to travel, for example if you've missed the event you were travelling for, the airline cannot deny you a refund and rebook your flight instead.
Note that the EU's FAQ page says: "According to EU rules, a flight which has been postponed by three hours or more is to be considered as cancelled. You have the same rights as in case of a flight cancellation."
According to the EU's Air Passenger Rights page, if the outbound and return flights were made under a single reservation, the airline that cancelled the outbound flight must refund the entire cost of your ticket - even if the return flight is operated by a different airline.
If you still want to fly, you have a legal right to be rebooked onto a replacement outbound flight.
Under certain circumstances, you also have the right to additional compensation if the airline informed you of the cancellation less than 14 days before its planned departure.
READ ALSO: Foreign residents in Italy not covered by new EES passport rules, Commission confirms
Are there any exceptions?
Unfortunately, yes. The EU's Air Passenger rights page says rules about compensation do not apply if the delay or cancellation is due to "extraordinary circumstances", defined as events that couldn't have been avoided even if the airline took all reasonable measures.
Exactly what this might include can vary, but examples cited by the EU include "air traffic management decisions, political instability, adverse weather conditions and security risks."
These are judged on a case-by-case basis. It's the airline that needs to prove that the circumstances were unavoidable, and if you think they are wrong in their decision, you can escalate the dispute.
Photo: Andreas Solaro/AFP
If the extraordinary circumstances apply to your flight, you are not entitled to compensation from the airline but may still be covered by any travel insurance policy you have (often included as an add-on to home insurance policies). It's therefore worth getting in touch with your insurance provider to explain the situation. You may also be able to claim a refund from your credit card company.
With regard to cancellations due to strike action, the EU's FAQ page says this:
"A strike organised by trade union staff of an air carrier that is intended to support workers’ demands does not constitute an ‘extraordinary circumstance’. Therefore, internal strike action does not release the airline from its obligation to pay compensation in the event of cancellation or long delay of flights.
"However, strikes ‘external’ to the airline, such as strike action taken by air traffic controllers or airport staff, may constitute an extraordinary circumstance.
"Regardless of the circumstances, if your flight is cancelled you always have the right to one of the following options: reimbursement of your ticket, re-routing or a return flight as well as the right to assistance."
OPINION: Italy's constant strikes are part of the country's DNA
How do I make my application?
Contact the airline that operated the flight directly, in writing, and make sure you keep copies of all correspondence in case you need to dispute the decision later on.
The airline should have a form for you to do this on your website, and you'll need to give details including the scheduled and actual arrival times, the departure and arrival airports, and include copies of receipts for any expenses incurred as a result. You can also make the complaint using this form, which is valid in all EU countries, plus Norway, Iceland and Switzerland.
There are several online tools, including the European Consumer Centre's Flight Rights Calculator, which can help you work out what you're entitled to. There are also companies which will make the application on your behalf, however they will almost always take a percentage of the compensation, so it's worth making the claim yourself.
If you aren't satisfied with the airline's response, or if you don't receive a response within a reasonable time period, you can contact the national enforcement body in the country where you're making the complaint. In Italy, that's the National Civil Aviation Authority (ENAC), and if you're making the claim outside Italy you can find a full list of these bodies and their contact details here. They should assess your claim for free if the airline has failed or refused to respond.
How long do I have to apply?
In Italy you have up to two years to apply for compensation, but try to do it as soon as possible.
If the delay took place in a different EU country, you will be subject to that country's law. For example, Norway and Finland both have a three-year limit for making flight compensation claims, whereas in the UK the time limit is six years.
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EU legislation protects the rights of air passengers, and in many cases means that you're entitled for compensation in the event of delays, strikes, and more. But the majority of travellers aren't aware of their rights, so here are the answers to the questions you might have.
How do I know if my flight is covered?
According to the EU's Air Passenger Rights page, EU legislation applies if any one of the following criteria is met:
- Your flight was within the EU
- Your flight went from an EU country to a non-EU country
- Your flight went from a non-EU to an EU country, and was operated by an EU airline
For the purposes of this legislation, the term 'EU country' also includes Norway, Iceland, and Switzerland, so that a journey between Canada and Iceland, for example, would count as a journey between a non-EU country and an EU country.
If you receive benefits for the same journey under the law of a non-EU country, you are not entitled to claim for benefits under EU law.
And if the delay was due to "extraordinary circumstances", you will not be able to claim compensation.
READ ALSO: Should you travel in Italy when there’s a strike on?
There a large number of circumstances in which you're entitled to compensation if your EU flight is delayed. Photo: Christophe Simon/AFP
Which airline operated my flight?
This is important, because for journeys from non-EU countries to EU countries, you are only covered if the operating airline is licensed in the EU. Sometimes, the airline you book your ticket with is not actually the airline that operated the flight.
The name of the operating airline should be on your ticket and booking details, or you can contact the airline or company with which you booked your flight to find out.
What compensation am I entitled to if my flight is delayed?
In the case of delays of three hours or more, the EU's Air Passenger Rights page says you are entitled to compensation.
To calculate the delay, you measure the time difference between the scheduled arrival time and the actual arrival time. This means that even if your departure time was over an hour later than scheduled, the flight may not be considered delayed if the pilot was able to make up the time during the journey.
The two factors that determine your level of compensation are length of delay and distance of the flight. The price you paid for your ticket is not taken into account, so you may even receive compensation of a significantly higher amount than you paid for the flight. Calculate the distance of your flight here.
If you can, speak to customer services at the airport as soon as you're affected. Photo: Alberto Pizzoli/AFP
For delays of more than three hours on journeys of up to 1,500 kilometres (equivalent to the distance between Rome and London or Milan and Athens), you are entitled to compensation of €250.
For delays of more than three hours, with a distance of either more than 1,500 kilometres within the EU or between 1,500-3,500 kilometres travelling to or from a non-EU country, you are entitled to €400 compensation.
READ ALSO: Will American tourists need to pay a fee to visit Italy?
And for all other flights covered by the EU legislation, i.e. flights to or from a non-EU country of over 3,500 kilometres, the European Parliament's Passenger Rights page says you are entitled to €300 if the delay is under four hours and €600 for delays of four hours or more.
Note that the EU’s Air Passenger Rights page says: "If the airline has offered you re-routing and you reach your final destination with a delay of 2, 3 or 4 hours, your compensation may be reduced by 50%."
Am I entitled to any other benefits?
Yes! For delays of over two hours (in this case, this refers to departure time), the airline is responsible for informing you of your rights and offering assistance.
According to the EU's Air Passenger Rights page, this means that you should be offered free food and drink (usually in the form of a voucher you can spend at the airport) and the opportunity to make two phone calls for free, if the delay meets any of the following criteria:
- A delay of over two hours on a flight up to 1,500 kilometres
- A delay of over three hours, if the flight distance is over 1,500 kilometres within the EU or between 1,500-3,500 kilometres between the EU and a non-EU country
- A delay of over four hours for all other flights
The food and drink you are offered should be "in proportion to your waiting time," according to the EU's FAQ page, so a mid-morning delay will usually result in a smaller amount of compensation or food than an evening or overnight delay.
READ ALSO: On which popular routes in Europe is train travel cheaper than flying?
For overnight delays, the airline must also provide you with accommodation and transport to and from the airport. Airlines cannot refuse to provide this assistance; if it isn't offered at the time, simply keep your receipts and a record of what you needed to spend, and make a claim for a refund when you get home.
However, it must be proportionate, which means a hotel of a similar standard to the one you stayed in during your trip (or as close to the same standard as is possible).
If you have to wait a long time, the airline is required to provide you with refreshments. Photo: Andreas Solaro/AFP
What if my flight is cancelled?
If your flight is cancelled, the EU's Air Passenger Rights page says you are entitled to any of a refund, a re-routing, or a re-booking, and the airline must always offer you the choice. That means that if you no longer want to travel, for example if you've missed the event you were travelling for, the airline cannot deny you a refund and rebook your flight instead.
Note that the EU's FAQ page says: "According to EU rules, a flight which has been postponed by three hours or more is to be considered as cancelled. You have the same rights as in case of a flight cancellation."
According to the EU's Air Passenger Rights page, if the outbound and return flights were made under a single reservation, the airline that cancelled the outbound flight must refund the entire cost of your ticket - even if the return flight is operated by a different airline.
If you still want to fly, you have a legal right to be rebooked onto a replacement outbound flight.
Under certain circumstances, you also have the right to additional compensation if the airline informed you of the cancellation less than 14 days before its planned departure.
READ ALSO: Foreign residents in Italy not covered by new EES passport rules, Commission confirms
Are there any exceptions?
Unfortunately, yes. The EU's Air Passenger rights page says rules about compensation do not apply if the delay or cancellation is due to "extraordinary circumstances", defined as events that couldn't have been avoided even if the airline took all reasonable measures.
Exactly what this might include can vary, but examples cited by the EU include "air traffic management decisions, political instability, adverse weather conditions and security risks."
These are judged on a case-by-case basis. It's the airline that needs to prove that the circumstances were unavoidable, and if you think they are wrong in their decision, you can escalate the dispute.
Photo: Andreas Solaro/AFP
If the extraordinary circumstances apply to your flight, you are not entitled to compensation from the airline but may still be covered by any travel insurance policy you have (often included as an add-on to home insurance policies). It's therefore worth getting in touch with your insurance provider to explain the situation. You may also be able to claim a refund from your credit card company.
With regard to cancellations due to strike action, the EU's FAQ page says this:
"A strike organised by trade union staff of an air carrier that is intended to support workers’ demands does not constitute an ‘extraordinary circumstance’. Therefore, internal strike action does not release the airline from its obligation to pay compensation in the event of cancellation or long delay of flights.
"However, strikes ‘external’ to the airline, such as strike action taken by air traffic controllers or airport staff, may constitute an extraordinary circumstance.
"Regardless of the circumstances, if your flight is cancelled you always have the right to one of the following options: reimbursement of your ticket, re-routing or a return flight as well as the right to assistance."
OPINION: Italy's constant strikes are part of the country's DNA
How do I make my application?
Contact the airline that operated the flight directly, in writing, and make sure you keep copies of all correspondence in case you need to dispute the decision later on.
The airline should have a form for you to do this on your website, and you'll need to give details including the scheduled and actual arrival times, the departure and arrival airports, and include copies of receipts for any expenses incurred as a result. You can also make the complaint using this form, which is valid in all EU countries, plus Norway, Iceland and Switzerland.
There are several online tools, including the European Consumer Centre's Flight Rights Calculator, which can help you work out what you're entitled to. There are also companies which will make the application on your behalf, however they will almost always take a percentage of the compensation, so it's worth making the claim yourself.
If you aren't satisfied with the airline's response, or if you don't receive a response within a reasonable time period, you can contact the national enforcement body in the country where you're making the complaint. In Italy, that's the National Civil Aviation Authority (ENAC), and if you're making the claim outside Italy you can find a full list of these bodies and their contact details here. They should assess your claim for free if the airline has failed or refused to respond.
How long do I have to apply?
In Italy you have up to two years to apply for compensation, but try to do it as soon as possible.
If the delay took place in a different EU country, you will be subject to that country's law. For example, Norway and Finland both have a three-year limit for making flight compensation claims, whereas in the UK the time limit is six years.
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