A chaotic Friday noon in July unfolded with a global IT incident that disrupted activity across industries and regions worldwide. The issues are more about long queues and delays than outright cancellations, though the first cancellations have already begun. Consumer organizations like the OCU and Facua reminded travelers of their rights in these situations.
While many airlines defend themselves on their websites by offering compensation only when problems originate with their own operations, in cases caused by external and unforeseen events they still have several obligations to their customers.
1. Adequate assistance
The Organization of Consumers and Users (OCU) emphasizes that airlines must provide passengers with adequate assistance, especially for those with disabilities or reduced mobility. Adequate assistance refers to timely care during the wait and at the destination, including food, drinks, and, if necessary, hotel accommodation and transport to it. The organizations stress that airlines should offer meals and beverages during the wait and arrange hotel lodging and transportation when needed.
2. Transfer of the passenger to the final destination
According to Facua, one scenario described in Article 8 of Regulation (EC) 261/2004 states that passengers have the right to be transported to their final destination under comparable travel conditions as soon as possible or on a later date that suits the passenger, based on available seats. Airlines should commit to moving affected passengers to their contracted destination and propose reasonable transport alternatives that ensure arrival as soon as possible, the OCU notes.
3. Refund
It is stated that if the passenger is not satisfied, they can seek a refund of the ticket price. That is, if a viable alternative cannot be found or does not meet the passenger’s needs, Article 8 of Regulation (EC) 261/2004 indicates, per Facua, that the customer should be offered a refund within seven days. This right also applies in cases of a five-hour or longer delay: either a refund of the ticket price or an alternative flight on dates agreed with the carrier.
4. Indemnifications
This area is the most debated. Facua and the OCU agree that a passenger may claim the compensation set out in the Regulation and even damages if the delay or cancellation affects other prepaid services, such as a subsequent flight or accommodation. The question is that, when a problem is outside the airline’s control, such as an announced or unannounced air traffic controller strike, a highly predictable storm, or a global IT outage in this case, airlines can argue that it is an extraordinary circumstance and thus exempt from paying. Both organizations advise filing a claim nonetheless.
5. Basic tips
First, preserve any documentation such as tickets or photos or videos that prove what happened. Also keep receipts for expenses incurred if the airline did not properly assist the passenger with meals and lodging.
Second, do not overlook the situation even if it seems to resolve itself, especially if the outcome is not favorable. In other words, file a claim.
The OCU reminds travelers that any compensation or indemnification claimed from the airport itself should be requested in writing via the AENA website or at the airport counter. If the response is unsatisfactory or a claim involves a specific airline, the recommendation is to contact the Spanish Agency for Air Security (AESA), which has recently been empowered to resolve disputes. This enables reports to be binding and enforceable, potentially avoiding judicial action for consumers.