If you find yourself waiting at the airport due to a flight delay or cancellation, there are certain rights and services you are entitled to.
Generally, this will be complimentary meals and a free night’s stay at a hotel.
When there is a last-minute delay or cancellation to your Air Europa flight, you qualify for specific services at no cost. If the delay extends beyond 3 hours, you should be supplied with free refreshments and meals. In case the delay persists overnight, Air Europa is obliged to provide you with free accommodation at a hotel.
Right to Care From Air Europa
Passengers of air travel are protected by European law.
This law ensures that passengers flying within Europe or on European airlines, including Air Europa, are entitled to certain free services. Most of Air Europa’s flights to and from the European Union are covered under this, as stated in Regulation (EC) No 261/2004.
Short Delays (3+ Hours)
You can get: Meals and refreshments.
In the event of a delay of three hours or more, and if it’s occurring during daylight hours, Air Europa is obliged to provide you with free meals and drinks. Additionally, you are entitled to two free communication options, such as phone calls, emails, or faxes, mostly provided in the form of vouchers.
Long Delays (Overnight)
You can get: Meals, drinks, accommodation at a hotel, and transport to and from the airport.
Should your flight be delayed overnight, Air Europa is obliged to provide you with accommodation in a hotel free of charge, and also cover your meals, drinks, and transport to and from the airport. If you have not been informed about these arrangements, it is essential to contact Air Europa.
How to Get Free Meals and Free Hotel Accommodation?
When faced with a prolonged wait at the airport, things such as free meals, hotel accommodation, and airport transfers should be automatically provided by Air Europa. These services should be provided during your wait without you having to request them.
If these services are not being offered, it is recommended to approach the customer service desk of Air Europa directly and inquire about them. As per European law, the airline is obligated to provide these services free of charge for qualifying delays.
On the rare occasion that the airline does not arrange these services for you, you may need to organize them on your own. Remember to keep all receipts and proof of purchase related to meals, drinks, transfers, and hotel accommodations. Once you have these papers, you can submit a reimbursement request to Air Europa, stating the expenses during the delay. You must provide all the necessary details to streamline the reimbursement process.
Extraordinary Circumstances
We will start with defining what it means.
What Are Extraordinary Circumstances?
An extraordinary circumstance refers to an event that is beyond the control of the airline, which leads to delays, cancellations, or changes in flight schedules. These could include severe weather, labour strikes not connected to the airline, security threats, political unrest, or unexpected technical issues that can compromise the safety of the flight.
In such scenarios, although they can be disruptive, airlines are not required to pay compensation as they are considered exempt under Regulation (EC) No 261/2004. However, the right to care as described above still applies. You still have a right to care.
Are Technical Problems Considered Extraordinary Circumstances?
Most technical issues are not considered extraordinary circumstances according to Regulation (EC) No 261/2004. This regulation states that technical problems occurring due to regular operations of an airline are not considered extraordinary, as these are within the airline’s control.
These issues could include standard maintenance or minor repair work. These are part of the airline’s regular duties and thus cannot be used as a reason for exemption from compensation or passenger care.
However, if a hidden manufacturing defect that immediately threatens flight safety is discovered, it may be categorized as an extraordinary circumstance. This is because such occurrences are unusual, directly threatening the safe operation of the aircraft and are not part of the airline’s standard technical procedures.
Right to Care in Extraordinary Circumstances
You are still entitled to care in extraordinary circumstances.
Despite the fact that Air Europa may not be required to offer compensation for delays or cancellations due to factors outside their control, they still need to ensure your comfort during the waiting period. This includes the provision of meals, refreshments, and, in case of significant delays, accommodation.
The same applies to providing an alternative means of transportation in the event of a flight cancellation – you are entitled to this.
Right to Care: FAQ
In this section, we will tackle some of the most frequently asked questions about passengers’ right to care during flight delays and cancellations with Air Europa.
What Does the “Right to Care” Mean?
The right to care signifies the responsibilities airlines, like Air Europa, have towards their passengers in the event of flight delays, overbooking, and flight cancellations.
As per European law, airlines should make sure passengers’ comfort is maintained during these situations. This typically includes providing complimentary meals, refreshments, and accommodation if there are considerable delays.
Do I Have a Right to Care If My Air Europa Flight Is Delayed?
If your Air Europa flight is delayed for 3 hours or more, the airline should automatically provide you with facilities such as complimentary meals and refreshments, along with necessary accommodation in the case of an overnight delay.
If these services are not provided, you can reach out to the Air Europa customer service desk at the airport for assistance. Alternatively, you can pay for the services yourself and then seek reimbursement from the airline later. It’s recommended to do the latter at the earliest opportunity.
Do I Have the Right to Care If My Flight Is Cancelled?
Yes, if your flight is cancelled, you are entitled to the right to care.
This implies that Air Europa must offer you meals, refreshments, and accommodation (if required), plus an alternate method of reaching your destination. If the cancellation is due to the airline’s negligence, you may also be eligible for flight cancellation compensation.
Read more: Last-Minute Flight Cancellation: Your Rights
Do I Have a Right to Care if My Flight Was Delayed or Cancelled Due to Extraordinary Circumstances?
No, even in the face of extraordinary circumstances, which are incidents beyond the control of the airline, the right to care is still applicable.
This means that even if your flight is delayed or cancelled due to extreme weather conditions, security threats, or labour unrest, you are still eligible for complimentary meals, refreshments, and accommodation (if required).
Is the Right to Care Applicable to All Air Europa Flights?
The right to care applies to all Air Europa flights departing from and arriving in Europe.
As Air Europa is an EU airline, the right to care under Regulation (EC) No 261/2004 applies to all its flights, whether departing from or arriving in Europe. However, with non-European airlines, this condition only applies to flights departing from Europe. Flights on non-European airlines that are arriving in Europe from other parts of the world are not protected under this European regulation.
Is This Applicable Only to European Nationals?
No, the right to care applies to all passengers on Air Europa flights, irrespective of their nationality.
The legislation that grants passengers the right to care is Regulation (EC) No 261/2004 and Regulation UK261, established by the European Union and the UK government respectively. These laws require any airline operating within Europe to provide care and compensation to affected passengers when necessary. Hence, the right to care applies to all passengers on Air Europa flights, regardless of their nationality.
The only exception applies to non-European airlines. With these airlines, this regulation only covers flights leaving from Europe and not those arriving in Europe from other parts of the world.
By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.