Until a few decades ago, a delay in the departure of flights also meant a delay in their arrival, given that most of them involved fourth freedom operations—picking up and dropping off passengers—so that if they departed late, they also arrived late.
Today, given a landscape of relaxed operating rights between states, there has been an extensive reconfiguration of connections and smart routes. This is thanks to the opening of routes by air carriers between which reciprocal rights are granted beyond the fourth freedom of the air, as a result of the progressive trends of air transport liberalization.
One of the immediate effects of liberalization is the segmentation of flights that used to be direct. Given segmented flights, for example, on an A-B-C route, the airline can isolate the delay of one segment (A-B) so that it does not affect the next (B-C), especially if they are different flights with different registrations or if passengers have long connections, so a delay in A does not necessarily imply a delay in arrival at C.
That is why the regulation —it should be clarified that each country has its own— distinguishes the consequences in one case and another. To illustrate this point, we will take as an example the robust framework of the European Union: the Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004. This regulation establishes common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights, and repeals Regulation (EEC) No 295/91. Article 6 provides for the “delay of a flight with respect to the scheduled departure time” and provides that passengers will receive assistance within the period implied by the delay.
Article 9 indicates what this assistance consists of: “a) sufficient food and refreshments, depending on the waiting time; b) accommodation in a hotel in the cases: — where it is necessary to spend one or more nights, or — where a stay additional to that intended by the passenger is necessary; c) transport between the airport and the place of accommodation (hotel or other). 2. In addition, passengers will be offered free of charge two telephone calls, telex or fax messages, or e-mails.” The carrier must also pay “particular attention to the needs of persons with reduced mobility and their companions, as well as to the needs of unaccompanied minors.”
This applies if the passenger chooses to wait for the flight. In order for the exercise of their rights to be effective, it is essential that the passenger does not leave the airport on their own initiative without first coordinating with the airline. If the passenger gives up the flight and leaves without having requested and received the assistance due or without having informed the carrier, it could be considered as a waiver of their rights, losing the possibility of claiming both assistance and financial compensation. In such a case, it is very likely that the airline will cancel their reservation (cancel the “check-in”) and consider them a “no-show” (passenger who does not show up), terminating the contract of carriage.
Although the obligation to offer this assistance corresponds ineluctably to the air carrier proactively once the delay is configured, the passenger must ensure to follow the established channels to receive it without putting their reservation at risk.
For its part, Article 8 of Regulation (EC) 261/2004 establishes the compensation applicable only when a delay in arrival at the final destination has exceeded the established threshold (usually 2-3 hours, depending on the distance of the flight). It also establishes the percentage of the refund if, in the event of a delay in departure, the passenger chooses to change flights or give up the trip.
It is important that the passenger remains attentive to the notifications of the carriers and that any situation that merits attention is communicated as soon as possible to guarantee their rights.
