Your rights if your flight is canceled or diverted due to conflict in the Middle East

If your destination is Europe on an EU airline, you are entitled to reimbursement and assistance, not compensation.

What are your rights if your flight is canceled or diverted due to conflict in the Middle East?

- Flight departure point;It depends on the destination and which airline you are departing from.

- If the destination is Europe on an EC airline, there is a right to compensation and assistance, not compensation

Flight cancellations, diversions and suspensions caused by war and airport closures in the Middle East are affecting thousands of travelers worldwide.If you are one of those affected, it is important to know that passengers have rights that do not depend on nationality, but rather on the plane, the destination and which airline operates it.

You are not entitled to compensation, but you are entitled to help

Given the state of war and the closure of the airspace, the airline can claim that it is due to exceptional circumstances and refuse financial compensation (€250/400/600) for cancellations or delays.However, this does not exempt them from the obligation to refund, alternative transport or the right to assistance (meals, accommodation, transfers and communication) whenever Regulation (EC) 261/2004 applies.and in case of delay in cancellation or stuck in a layover.

Although the rule does not expressly mention war, "extraordinary circumstances" are considered in the case law of the European Court of Justice to be any event which is beyond the control of the air carrier and is not inherent in the normal operation of air transport.This definition includes an armed conflict affecting air safety and the functioning of airspace.

When do Community Standards apply?

Regulation (EC) no.261/2004 applies in the following cases:

- Departure flights from the European Economic Area, EEA, -EU + Norway, Iceland and Liechtenstein - regardless of airline.

- Flights to the EEA operated by EEA airlines.

- For stopovers outside the EEA, if the canceled flight originates from a third country and the airline is not from the EEA, Regulation 261/2004 may not apply to this section and the requirement depends on the contract and internal policy of the airline.

Steps to follow

Consumer organizations recommend:

- Contact the airline and request a written response.

- Inform the airline in writing of your chosen option (refund, immediate alternative or at a later date) as well as assistance (lunch, accommodation, transport...).

- Keep tickets or invoices for all expenses (hotels, meals and transportation) unless they are issued to you by the airline.

- Keep records (boarding tickets, reservations, notices and messages from the airline...)

- If you are affected by Law 261/2004, ask for the payment of the ticket or other transport, and the right to assistance.If not, file a claim with the airline and if they refuse, file a claim with AESA.

- If you are not covered by Regulation 261/2004, request a refund or alternative transportation based on the terms of the contract and the airline's rules.Keep all documentation and proof of expenses to claim with the airline.

- Contact the consulate or embassy to inform them of your situation and address for repatriation.

Package tours: What happens to the hotel or contract activities?

In the case of a combined tour, flight and hotel contract, the customer will be entitled to a refund of the total amount of the contract services travel, before the start of the trip, explains Legálitas.

If the trip has already begun, the agent or tour operator contracted for the trip will be responsible for providing a solution, as the agent has ancillary responsibilities with the customer to resolve the problem.In this case, the consumer will be entitled to a pro-rata refund of the unearned portion of the travel expenses.

It is also possible that the travel agency cancels the trip or changes the agreed terms (departure date, arrival date, hotel category, etc.). In this case, the customer has the right to refund the full amount paid for the trip and not accept the new conditions proposed.

If the company does not cancel the flight and a customer decides not to go as a precaution, can they request an open ticket for days and hotel reimbursement?

Legálitas explains that the user had to cancel the trip due to force majeure and that they could request a refund of all costs paid, without paying a penalty.In this sense, requesting an open ticket may mean paying some additional costs for procedures other than those originally contracted.