Returning from vacation is never pleasant, but for some it can turn into a real nightmare. That’s what happened to about 40 Italian passengers who were stranded for days in Mykonos, while during the same weeks Etna’s activity disrupted air traffic in Sicily, with hundreds of flights canceled or diverted.
When the return home doesn’t go as it should, passengers may be entitled to assistance, a refund of the ticket, or, in some cases, financial compensation. Knowing the difference between these protections is essential to understand how to proceed and, above all, to whom to submit your request.
Cancelled Flights and Delays: How Many Passengers Are Involved
According to data released by AirHelp, in the first weeks of August the 49.5% of travelers in Italy experienced a prolonged delay or a last-minute cancellation. The interesting figure, however, is another: the 79% of travelers would not be aware of their rights and the 60% of those who would be entitled to a compensation would never file a claim.
A situation that emerged strongly during the latest summer disruptions, from passengers stranded in Mykonos to flights canceled in Sicily due to Etna’s activity. It seems, however, that the problem is not limited to the summer period: air travel disruptions affect millions of travelers year-round, often leaving them without clear guidance on how to exercise their rights.
When You Are Entitled to a Refund and to Compensation
According to the ENAC, in case of cancellation the passenger can obtain the refund of the ticket for the part of the journey not undertaken or choose an alternative flight, as soon as possible or on a later date. There is also the right to assistance: depending on the circumstances, the airline must guarantee to passengers waiting meals and drinks, the possibility to make communications and, if necessary, overnight hotel accommodation with the related transfer. If these services are not guaranteed, it is important to keep receipts of the expenses incurred.
But what happens when the flight is not canceled, but departs late or arrives late? In this case, passenger rights change depending on the duration of the delay and the distance of the route.
Flight Delay: After How Many Hours Do Rights Kick In
The first right that can come into play is the right to assistance. The threshold depends on the length of the flight: for routes up to 1,500 km it is triggered after at least 2 hours of delay; for intra-Community flights over 1,500 km and for other routes between 1,500 and 3,500 km, after at least 3 hours; for the other routes, after at least 4 hours. In these cases, the European Regulation provides assistance to waiting passengers. This assistance includes, depending on the duration of the wait, meals and drinks and the possibility to make communications. When the delay requires spending one or more nights away from home, it may also include hotel accommodation and transfers to and from the airport.
If the departure delay reaches at least 5 hours, the passenger can instead choose to forgo the flight and request a refund for the part of the journey not undertaken.
Different is the case of economic compensation: this may apply when the passenger reaches the final destination with a delay of at least 3 hours, provided the disruption was not caused by extraordinary circumstances. The compensation does not equal the ticket refund, but represents an additional form of protection provided by European law.
How Much Compensation Can Be Obtained
The economic compensation can amount to up to €600 and is calculated based on the distance of the route. The amounts provided by Regulation CE 261/2004 are as follows:
| Distance of the route | Amount per passenger |
| Up to 1,500 km | €250 |
| Between 1,500 km and 3,500 km (and intra-Community beyond 1,500 km | €400 |
| Beyond 3,500 km (extra-EU routes) | €600 |
However, there are the so-called “extraordinary circumstances”, such as natural events or particularly adverse weather conditions, that can exclude the right to compensation. This is the case of disruptions related to Etna’s activity, which must therefore be evaluated by distinguishing the different forms of protection provided to travelers.
The protections provided by the European Regulation CE 261/2004 apply to flights departing from an airport in the European Union and, under certain conditions, also to those arriving in the EU from non-European countries.
How to Concretely Request the Refund
The first step is to file a complaint with the airline, keeping the boarding pass, booking, any communications received and receipts for any expenses incurred during the wait. According to ENAC, the complaint can be submitted within two years from the date of the flight, though it is advisable to proceed sooner.
There are also specialized platforms, such as AirHelp. The service analyzes flight data, weather information and air traffic data to assess individual situations. Once the eligibility of the claim is verified, the passenger can proceed independently with the airline or choose to rely on specialized services to manage the case.
In short, whether you choose to manage the claim yourself or to rely on a specialized platform, the important thing is to know your rights, keep all documentation and verify that you are in a position to obtain what the regulation provides. Because even when the flight goes wrong, knowing how to act can help you not leave behind what you are owed.
