I think this article has GREAT importance for all of us to be aware of
_________________________________________________________________
If there's a God who controls floods and earthquakes, does the deity also have a hand in an airline's mechanical problems?
Apparently so, according to Tucson's most popular airline, which recently added "mechanical difficulties" to the list of acts of God and other events for which the carrier will not be liable if travel is delayed.
Southwest Airlines quietly made the change a few weeks ago, to the puzzlement of some industry analysts.
It appears on page 11 of 32 pages of fine print called a "contract of carriage," which many passengers don't read, but which spells out their recourse in mishaps such as flight interruptions or baggage loss.
Mechanical difficulties - what type is not defined - now appears on a list of events such as wars, riots, storms, earthquakes and other acts of God that are "outside of (Southwest's) control."
In such cases, the contract says, passengers are entitled to refunds only on the used portion of their tickets. Southwest has no obligation to provide compensation for "any type of special, incidential or consequential damages."
Southwest spokesman Chris Mainz downplayed the significance of the change.
Mainz said Southwest would continue to assist passengers just as in the past, for example by putting them up in hotels if they are stranded during travel.
Asked why Southwest would change its contract if it doesn't intend to change its practices, Mainz said in an e-mail that the modification was made to "limit our exposure to liability."
Mainz also said the change would make Southwest "more consistent with the industry standard." However, when the Arizona Daily Star reviewed passenger contracts for four other major airlines - Delta, American, Continental and United - none included "mechanical difficulties" as an event outside the carrier's control.
Robert Mann, an airline industry analyst based in Port Washington, N.Y., called it "surprising" that Southwest, which has a reputation for stellar customer service, would make a change that puts passengers at a legal disadvantage if an aircraft breakdown delays their travel.
Keeping a fleet mechanically sound "is certainly within the control of any airline," Mann said. "Putting mechanical issues in the same category as an act of God - I don't think that's what God intended."
Even if Southwest sticks to its current level of customer aid, Mann said, the new contract wording sets a bad industry precedent.
"While I take Southwest at their word to do the right thing for customers, there are others in the industry who will adopt this on a 'me, too' basis and hold to the letter of that language, really disadvantaging customers on an issue that is absolutely within a carrier's responsibility and control."
Industry analyst Michael Boyd of Evergreen, Colo., agreed other airlines are likely to follow suit.
"The way the industry is today, airlines are sitting around watching each other," he said. "If the other guy does something that makes money and the consumer doesn't revolt, they're going to do it, too."
"I can see (carriers) saying, 'It wasn't our fault the airplane broke down,' and I also can see customers saying, 'I bought a ticket from you and I have reasonable expectation that the airplane is going to work,' " Mann said.
Southwest is the top choice of passengers at Tucson International Airport, used by nearly a third of the 3.6 million travelers who flew into or out of TIA last year.
By Carol Ann Alaimo Jul 25, 2010
Pothos: Travel news, travel industry updates, corporate and business travel
Wednesday, August 25, 2010
Sunday, August 8, 2010
Rabid dogs create serious problem for Bali, prompt US travel warning
By Mary Papenfuss | Aug 02, 2010
At least 78 people have been killed over the last two years by bites from rabid dogs roaming Bali, a top tourist hotspot. The island is dangerously short of rabies vaccines for humans, and overwhelmed by more than 30,000 dog bites each year. Officials recently killed some 200,000 dogs instead of initially conducting mass animal vaccinations, as recommended by the World Health Organization. "We are very short of treatment across the island," warned the chief of Bali's provincial health ministry. "We need help." So far no Bali tourists have died of rabies, but a number of nations, including the US and Australia, have issued travelers warnings.
The first case of rabies was discovered in 2008 and the disease has spread rapidly since. It's difficult to wipe out the rabies in part because of the esteem the Balinese hold for dogs. Packs of flea-bitten Bali dogs at beaches, markets and parks are allowed to roam and breed freely as part of the island's Hindu tradition, reports AP. In the traditional Balinese faith, people believe that dogs will take them to heaven. Some 55,000 people a year die of rabies, most of them in Asia. Post-exposure rabies is easily cured with a vaccine, but once symptoms appear, it's too late.
Source: newser.com
At least 78 people have been killed over the last two years by bites from rabid dogs roaming Bali, a top tourist hotspot. The island is dangerously short of rabies vaccines for humans, and overwhelmed by more than 30,000 dog bites each year. Officials recently killed some 200,000 dogs instead of initially conducting mass animal vaccinations, as recommended by the World Health Organization. "We are very short of treatment across the island," warned the chief of Bali's provincial health ministry. "We need help." So far no Bali tourists have died of rabies, but a number of nations, including the US and Australia, have issued travelers warnings.
The first case of rabies was discovered in 2008 and the disease has spread rapidly since. It's difficult to wipe out the rabies in part because of the esteem the Balinese hold for dogs. Packs of flea-bitten Bali dogs at beaches, markets and parks are allowed to roam and breed freely as part of the island's Hindu tradition, reports AP. In the traditional Balinese faith, people believe that dogs will take them to heaven. Some 55,000 people a year die of rabies, most of them in Asia. Post-exposure rabies is easily cured with a vaccine, but once symptoms appear, it's too late.
Source: newser.com
Saturday, August 7, 2010
Greek extremists threaten tourists
By Helena Smith | Aug 01, 2010
Greek security forces have warned of a wave of violence reminiscent of the terror that stalked Italy in the seventies after urban guerillas threatened last week to turn the country into a "war zone".
"Greece has entered a new phase of political violence by anarchist-oriented organisations that are more murderous, dangerous, capable and nihilistic than ever before," said Athanasios Drougos, a defence and counter-terrorism analyst in Athens.
"For the first time we are seeing a nexus of terrorist and criminal activity," he said. "These groups don't care about collateral damage, innocent bystanders being killed in the process. They are very extreme."
The threats came from a guerrilla group called the Sect of Revolutionaries, as it claimed credit for the murder of Sokratis Giolas, an investigative journalist. Giolas was shot dead outside his Athenian home on 19 July, in front of his pregant wife.
The gang promised to step up attacks on police, businessmen, prison guards and "corrupt" media – and, for the first time, threatened holidaymakers.
"Tourists should learn that Greece is no longer a safe haven of capitalism," its declaration said.
"We intend to turn it into a war zone of revolutionary activity with arson, sabotage, violent demonstrations, bombings and assassinations, and not a country that is a destination for holidays and pleasure."
In an accompanying picture, the group displayed an arsenal that included AK 47 assault rifles, semi-automatic pistols and brass knuckledusters.
"Our guns are full and they are ready to speak," it said. "We are at war with your democracy."
The terror threat comes as Greek authorities endure a summer of strikes and escalating upheaval. Military trucks and petrol company vehicles were employed yesterday to alleviate a fuel shortage as more 30,000 lorry and tanker truck operators ignored a government order to return to work on pain of prosecution. Shortages were reported on many holiday islands and destinations in northern Greece where thousands of tourists are stranded.
The far more serious scourge of domestic terrorism was thought to have been eradicated in 2004, with the disbandment of the 17 November group.
Born out of the turmoil that followed the collapse of US-backed military rule, 17 November murdered the CIA station chief, Richard Welch, in 1975.
For the following 27 years it targeted Turkish envoys, juntists, US military personnel, industrialists and western diplomats, including a British military attaché in Athens, Brigadier Stephen Saunders, who was murdered in 2000.
Unlike 17 November, Greece's new generation of urban guerrillas has not tried to garner popular support.
The Sect of Revolutionaries emerged from the rioting after a teenager, Alexis Grigoropoulos, was shot dead by a policeman in December 2008. The men and women thought to comprise its closely guarded ranks are in their late twenties and thirties and appear to espouse violence almost for the sake of it.
"We don't do politics, we do guerilla warfare," its members announced in the proclamation placed on the boy's grave within hours of their first attack, on a police station, in February 2009. Two weeks later they sprayed the offices of a private television station with bullets. Three months after that, they claimed their first victim, Nectarios Savvas, a police officer protecting a state witness. Six people have died in separate attacks this year.
Last month another group, yet to be named, sent a parcel bomb wrapped up as a gift to the office of Michalis Chrysohoidis, the minister in charge of public security. It killed his chief aide.
The surge in violence comes amid rising social tensions over the austerity measures enforced by the government in exchange for €110bn in emergency aid, the biggest bailout in history.
Mounting social unrest, waning support for political parties and record levels of unemployment among an increasingly radicalised youth are believed to have augmented the ranks of anti-establishment groups.
"The economic crisis has most definitely played a role in aggravating the violence," Chrysohoidis said. "And the violence we are seeing is worst than ever before because society as a whole is more violent than ever before."
To date Chrysohoidis, who oversaw the break-up of 17 November during a previous stint in the same post, has ordered police to tread a fine line.
But anger is growing. Security officials say it is only a matter of time before one of the three groups currently active in Greece strikes again.
More worrying, they say, are their connections to the Balkan criminal underworld that has made access to weapons dangerously easy.
"In other European countries, home-grown terrorism has been on the decrease for years," said Drougos. "But in Greece the situation is not unlike pre-Bolshevik revolutionary Russia or Italy at the start of the terror campaign by the Red Brigades… it's very unpredictable and tourists should be vigilant."
Source: The Observer
Greek security forces have warned of a wave of violence reminiscent of the terror that stalked Italy in the seventies after urban guerillas threatened last week to turn the country into a "war zone".
"Greece has entered a new phase of political violence by anarchist-oriented organisations that are more murderous, dangerous, capable and nihilistic than ever before," said Athanasios Drougos, a defence and counter-terrorism analyst in Athens.
"For the first time we are seeing a nexus of terrorist and criminal activity," he said. "These groups don't care about collateral damage, innocent bystanders being killed in the process. They are very extreme."
The threats came from a guerrilla group called the Sect of Revolutionaries, as it claimed credit for the murder of Sokratis Giolas, an investigative journalist. Giolas was shot dead outside his Athenian home on 19 July, in front of his pregant wife.
The gang promised to step up attacks on police, businessmen, prison guards and "corrupt" media – and, for the first time, threatened holidaymakers.
"Tourists should learn that Greece is no longer a safe haven of capitalism," its declaration said.
"We intend to turn it into a war zone of revolutionary activity with arson, sabotage, violent demonstrations, bombings and assassinations, and not a country that is a destination for holidays and pleasure."
In an accompanying picture, the group displayed an arsenal that included AK 47 assault rifles, semi-automatic pistols and brass knuckledusters.
"Our guns are full and they are ready to speak," it said. "We are at war with your democracy."
The terror threat comes as Greek authorities endure a summer of strikes and escalating upheaval. Military trucks and petrol company vehicles were employed yesterday to alleviate a fuel shortage as more 30,000 lorry and tanker truck operators ignored a government order to return to work on pain of prosecution. Shortages were reported on many holiday islands and destinations in northern Greece where thousands of tourists are stranded.
The far more serious scourge of domestic terrorism was thought to have been eradicated in 2004, with the disbandment of the 17 November group.
Born out of the turmoil that followed the collapse of US-backed military rule, 17 November murdered the CIA station chief, Richard Welch, in 1975.
For the following 27 years it targeted Turkish envoys, juntists, US military personnel, industrialists and western diplomats, including a British military attaché in Athens, Brigadier Stephen Saunders, who was murdered in 2000.
Unlike 17 November, Greece's new generation of urban guerrillas has not tried to garner popular support.
The Sect of Revolutionaries emerged from the rioting after a teenager, Alexis Grigoropoulos, was shot dead by a policeman in December 2008. The men and women thought to comprise its closely guarded ranks are in their late twenties and thirties and appear to espouse violence almost for the sake of it.
"We don't do politics, we do guerilla warfare," its members announced in the proclamation placed on the boy's grave within hours of their first attack, on a police station, in February 2009. Two weeks later they sprayed the offices of a private television station with bullets. Three months after that, they claimed their first victim, Nectarios Savvas, a police officer protecting a state witness. Six people have died in separate attacks this year.
Last month another group, yet to be named, sent a parcel bomb wrapped up as a gift to the office of Michalis Chrysohoidis, the minister in charge of public security. It killed his chief aide.
The surge in violence comes amid rising social tensions over the austerity measures enforced by the government in exchange for €110bn in emergency aid, the biggest bailout in history.
Mounting social unrest, waning support for political parties and record levels of unemployment among an increasingly radicalised youth are believed to have augmented the ranks of anti-establishment groups.
"The economic crisis has most definitely played a role in aggravating the violence," Chrysohoidis said. "And the violence we are seeing is worst than ever before because society as a whole is more violent than ever before."
To date Chrysohoidis, who oversaw the break-up of 17 November during a previous stint in the same post, has ordered police to tread a fine line.
But anger is growing. Security officials say it is only a matter of time before one of the three groups currently active in Greece strikes again.
More worrying, they say, are their connections to the Balkan criminal underworld that has made access to weapons dangerously easy.
"In other European countries, home-grown terrorism has been on the decrease for years," said Drougos. "But in Greece the situation is not unlike pre-Bolshevik revolutionary Russia or Italy at the start of the terror campaign by the Red Brigades… it's very unpredictable and tourists should be vigilant."
Source: The Observer
Vatican tells tourists to cover up
Jul 27, 2010
Tourists in skimpy summer clothing were being told to cover up before entering Vatican City today.
The ban had previously applied only to St Peter's Basilica but guards manning the official entry point into the tiny, walled state begun pulling visitors aside overnight for sporting "inappropriate" attire, Italian news agency ANSA reported.
The new decree, particularly targeting those in shorts and shoulder-revealing shirts, sent several tourists trudging off to local stores to buy shawls, scarves and pairs of trousers.
Immodest clothing has been specifically barred from St Peter's for decades and Vatican officials are seemingly sick of visitors flouting the dress-code.
However, locals just nipping inside the Vatican City walls to use its pharmacy, post office and store were particularity bewildered by the clothing crackdown.
Most are accustomed to treating the Vatican like any other part of Rome, ANSA said.
Source: heraldsun.com.au
Tourists in skimpy summer clothing were being told to cover up before entering Vatican City today.
The ban had previously applied only to St Peter's Basilica but guards manning the official entry point into the tiny, walled state begun pulling visitors aside overnight for sporting "inappropriate" attire, Italian news agency ANSA reported.
The new decree, particularly targeting those in shorts and shoulder-revealing shirts, sent several tourists trudging off to local stores to buy shawls, scarves and pairs of trousers.
Immodest clothing has been specifically barred from St Peter's for decades and Vatican officials are seemingly sick of visitors flouting the dress-code.
However, locals just nipping inside the Vatican City walls to use its pharmacy, post office and store were particularity bewildered by the clothing crackdown.
Most are accustomed to treating the Vatican like any other part of Rome, ANSA said.
Source: heraldsun.com.au
Plague outbreak in Peru
Really? The bubonic Plague in 2010?
___________________________________________________
Aug 02, 2010
Peru Health Minister Oscar Ugarte says authorities are screening sugar and fish meal exports from the Ascope province, located about 325 miles (520 kms) northwest of Lima. Popular Chicama beach isn't far away.
An outbreak of plague has killed a 14-year-old boy and infected at least 31 people in a northern coastal province.
Ugarte says the boy, who had Down syndrome, died of bubonic plague July 26.
He said Monday that most of the infections are bubonic plague, with four cases of pneumonic plague. The former is transmitted by flea bites, the latter by airborne contagion. The disease is curable if treated early with antibiotics.
___________________________________________________
Aug 02, 2010
Peru Health Minister Oscar Ugarte says authorities are screening sugar and fish meal exports from the Ascope province, located about 325 miles (520 kms) northwest of Lima. Popular Chicama beach isn't far away.
An outbreak of plague has killed a 14-year-old boy and infected at least 31 people in a northern coastal province.
Ugarte says the boy, who had Down syndrome, died of bubonic plague July 26.
He said Monday that most of the infections are bubonic plague, with four cases of pneumonic plague. The former is transmitted by flea bites, the latter by airborne contagion. The disease is curable if treated early with antibiotics.
Mexicana airlines files for Bankruptcy & stops selling tickets
Although Mexicana states they will continue to fly their scheduled routes, clearly they can not do so for long without selling tickets. The FAA instructed all code share carriers (Delta & Continental) that has sold Mexicana operated flights to immediately reissue the tickets on alternative service.
If you are holding a Mexicana ticket, go to the source that booked it for you for re-accommodation. Your travel insurance (hopefully you purchased some) will cover any out of pocket expenses liked increased airfare on another carrier
If you are holding a Mexicana ticket, go to the source that booked it for you for re-accommodation. Your travel insurance (hopefully you purchased some) will cover any out of pocket expenses liked increased airfare on another carrier
Thursday, July 15, 2010
What American traveler's dont know
Practical Traveler
Delayed? They’ll Put You Up
By SUSAN STELLIN
Published: July 12, 2010
When Keith Brown was stranded in Florida in April because of the volcanic ash cloud that closed European airports, he spent a week at the Westin Lake Mary near Orlando before flying home to England. But the extended holiday was not a financial burden — his airline, the British charter Thomson Airways, paid for his meals and hotel.
That’s not exactly the kind of treatment most American travelers would expect when a flight is canceled. But unlike the United States, where airlines make their own rules on how passengers are compensated when flights are delayed or canceled, the European Union requires airlines to pay penalties of up to 600 euros, or about $750, when the problem is the carrier’s fault, and cover hotel rooms and meals even when it is not.
The law, EC 261, in effect since 2005, applies to any European Union airline flying to or from a member state. But here’s a detail that American carriers would prefer their customers not know: it applies to all flights departing from the European Union, regardless of the passengers’ nationality.
That means travelers flying on American, Delta, Continental, United and US Airways from Europe to anywhere else in the world are covered by the European Union’s passenger rights laws — a fact that representatives from those airlines (except United) reluctantly confirmed, after multiple phone calls and e-mail messages.
Only Delta and American said that they have actually paid claims related to EC 261. Continental and US Airways declined to answer. United referred questions to the Air Transport Association, the trade group representing American carriers.
So the following advice comes with an important caveat: although the Transportation Department, the Air Transport Association, the European Commission and even the State Department say these rules apply to American carriers, it is not clear how willingly airlines actually pay compensation, and how effectively the rule can be enforced. Still, it is worth knowing the law and trying to pursue a claim if you are on a flight from Europe that is canceled or delayed. If you are flying on a European carrier, you’re covered both ways — something to consider the next time you book a flight to Europe.
International Flights: A Look at the Rules
Even within Europe, many people do not know about these passenger rights rules, so the European Commission recently started a publicity campaign to educate travelers about the law.
“If passengers get to the airport and something happens — a flight is delayed or canceled — they may not know what to do if they don’t fly a lot,” said Dale Kidd, a spokesman for the European Commission. “We want to ensure that travel remains a pleasant experience, because sometimes airline travel can be a bit stressful.”
The rules themselves are fairly simple. When a flight is canceled, regardless of the cause, a passenger can choose to get a refund for the unused portion of the ticket or be rerouted on another flight. If this results in an overnight stay, the airline has to pay for a hotel, meals and transportation between the hotel and the airport, even if the cancellation is due to weather or any other factor outside the airline’s control.
If the cancellation is considered within the airline’s control —such as when the plane has mechanical problems — the carrier must also pay each passenger between 125 and 600 euros, depending on the length of the flight and the delay.
For example, if you’re on a flight from Paris to New York that is canceled because of engine trouble and you’re put on another flight that lands more than four hours after your original arrival time, your compensation would be 600 euros.
Delays don’t generally qualify for financial penalties, but if you get stuck overnight — regardless of the reason — the airline has to pay for meals and a hotel. Even for some shorter delays, the carrier has to pay for meals, depending on the length of the flight and how long you’re delayed.
How to Pursue a Claim
Theoretically, airline employees should offer compensation and arrange for accommodations at the time a flight is canceled, but you can also submit a claim later if this doesn’t happen. Many European carriers have instructions on how to do this on their Web sites. British Airways, KLM and Virgin Atlantic all have clear explanations about EC 261 on their Web sites — including instructions on filing a claim.
None of the American carriers I contacted would say how passengers should go about filing a claim, but Mr. Kidd of the European Commission said: “The first place a passenger who wants to make a claim should go is the airline itself — the airlines know this.”
Since the regulation is enforced by government bodies in each member state (not by the European Commission), Mr. Kidd said that if the problem occurred on a European carrier, and the airline itself was not responsive, passengers should contact the enforcement body in the European country where the airline is based. These groups are listed on the commission’s passenger rights Web site, apr.europa.eu, and on some carriers’ sites.
“If it’s an E.U. airline, they’re bound to respect the law so you have recourse as a passenger,” Mr. Kidd said. “The majority of carriers are doing their best to comply.”
That has not always been the case, and a recent report ordered by the European Commission found that there are still problems with carriers’ avoiding paying claims.
Seeking compensation is especially challenging for passengers flying non-European airlines, since there are no enforcement agencies outside the European Union, including in the United States, although travelers can also try contacting the enforcement group in the country where the incident happened.
The Question of Compliance
Steve Lott, a spokesman for the International Air Transport Association, a trade group, said EC 261 has been a source of contention since it was adopted, and that carriers mostly object to the law for penalizing them for things outside of their control — especially the volcano eruption, which the group estimated cost the airline industry nearly $2 billion in lost revenue and compensation paid to passengers.
“There have been cases when somebody has paid $250 for their ticket but they’re getting $400 back in compensation,” he said, adding that the murky enforcement of the law as it applies to non-European carriers creates another point of friction.
“It’s not a level playing field,” Mr. Lott said. Because this issue gets into complex areas of international law, there are no easy answers.
“As a legal matter, we don’t challenge the authority of the European Union to regulate air transportation emanating from its territory,” said John Byerly, the deputy assistant secretary for transportation affairs at the State Department, who is involved in negotiating aviation treaties.
Although Mr. Byerly confirmed that Europe’s passenger rights regulations apply to American carriers leaving Europe, he conceded that there is no body that enforces them in the United States, creating a gap that has yet to be addressed.
“One of the areas you’ll find us talking about in the future is in the area of consumer protection,” he said.
Delayed? They’ll Put You Up
By SUSAN STELLIN
Published: July 12, 2010
When Keith Brown was stranded in Florida in April because of the volcanic ash cloud that closed European airports, he spent a week at the Westin Lake Mary near Orlando before flying home to England. But the extended holiday was not a financial burden — his airline, the British charter Thomson Airways, paid for his meals and hotel.
That’s not exactly the kind of treatment most American travelers would expect when a flight is canceled. But unlike the United States, where airlines make their own rules on how passengers are compensated when flights are delayed or canceled, the European Union requires airlines to pay penalties of up to 600 euros, or about $750, when the problem is the carrier’s fault, and cover hotel rooms and meals even when it is not.
The law, EC 261, in effect since 2005, applies to any European Union airline flying to or from a member state. But here’s a detail that American carriers would prefer their customers not know: it applies to all flights departing from the European Union, regardless of the passengers’ nationality.
That means travelers flying on American, Delta, Continental, United and US Airways from Europe to anywhere else in the world are covered by the European Union’s passenger rights laws — a fact that representatives from those airlines (except United) reluctantly confirmed, after multiple phone calls and e-mail messages.
Only Delta and American said that they have actually paid claims related to EC 261. Continental and US Airways declined to answer. United referred questions to the Air Transport Association, the trade group representing American carriers.
So the following advice comes with an important caveat: although the Transportation Department, the Air Transport Association, the European Commission and even the State Department say these rules apply to American carriers, it is not clear how willingly airlines actually pay compensation, and how effectively the rule can be enforced. Still, it is worth knowing the law and trying to pursue a claim if you are on a flight from Europe that is canceled or delayed. If you are flying on a European carrier, you’re covered both ways — something to consider the next time you book a flight to Europe.
International Flights: A Look at the Rules
Even within Europe, many people do not know about these passenger rights rules, so the European Commission recently started a publicity campaign to educate travelers about the law.
“If passengers get to the airport and something happens — a flight is delayed or canceled — they may not know what to do if they don’t fly a lot,” said Dale Kidd, a spokesman for the European Commission. “We want to ensure that travel remains a pleasant experience, because sometimes airline travel can be a bit stressful.”
The rules themselves are fairly simple. When a flight is canceled, regardless of the cause, a passenger can choose to get a refund for the unused portion of the ticket or be rerouted on another flight. If this results in an overnight stay, the airline has to pay for a hotel, meals and transportation between the hotel and the airport, even if the cancellation is due to weather or any other factor outside the airline’s control.
If the cancellation is considered within the airline’s control —such as when the plane has mechanical problems — the carrier must also pay each passenger between 125 and 600 euros, depending on the length of the flight and the delay.
For example, if you’re on a flight from Paris to New York that is canceled because of engine trouble and you’re put on another flight that lands more than four hours after your original arrival time, your compensation would be 600 euros.
Delays don’t generally qualify for financial penalties, but if you get stuck overnight — regardless of the reason — the airline has to pay for meals and a hotel. Even for some shorter delays, the carrier has to pay for meals, depending on the length of the flight and how long you’re delayed.
How to Pursue a Claim
Theoretically, airline employees should offer compensation and arrange for accommodations at the time a flight is canceled, but you can also submit a claim later if this doesn’t happen. Many European carriers have instructions on how to do this on their Web sites. British Airways, KLM and Virgin Atlantic all have clear explanations about EC 261 on their Web sites — including instructions on filing a claim.
None of the American carriers I contacted would say how passengers should go about filing a claim, but Mr. Kidd of the European Commission said: “The first place a passenger who wants to make a claim should go is the airline itself — the airlines know this.”
Since the regulation is enforced by government bodies in each member state (not by the European Commission), Mr. Kidd said that if the problem occurred on a European carrier, and the airline itself was not responsive, passengers should contact the enforcement body in the European country where the airline is based. These groups are listed on the commission’s passenger rights Web site, apr.europa.eu, and on some carriers’ sites.
“If it’s an E.U. airline, they’re bound to respect the law so you have recourse as a passenger,” Mr. Kidd said. “The majority of carriers are doing their best to comply.”
That has not always been the case, and a recent report ordered by the European Commission found that there are still problems with carriers’ avoiding paying claims.
Seeking compensation is especially challenging for passengers flying non-European airlines, since there are no enforcement agencies outside the European Union, including in the United States, although travelers can also try contacting the enforcement group in the country where the incident happened.
The Question of Compliance
Steve Lott, a spokesman for the International Air Transport Association, a trade group, said EC 261 has been a source of contention since it was adopted, and that carriers mostly object to the law for penalizing them for things outside of their control — especially the volcano eruption, which the group estimated cost the airline industry nearly $2 billion in lost revenue and compensation paid to passengers.
“There have been cases when somebody has paid $250 for their ticket but they’re getting $400 back in compensation,” he said, adding that the murky enforcement of the law as it applies to non-European carriers creates another point of friction.
“It’s not a level playing field,” Mr. Lott said. Because this issue gets into complex areas of international law, there are no easy answers.
“As a legal matter, we don’t challenge the authority of the European Union to regulate air transportation emanating from its territory,” said John Byerly, the deputy assistant secretary for transportation affairs at the State Department, who is involved in negotiating aviation treaties.
Although Mr. Byerly confirmed that Europe’s passenger rights regulations apply to American carriers leaving Europe, he conceded that there is no body that enforces them in the United States, creating a gap that has yet to be addressed.
“One of the areas you’ll find us talking about in the future is in the area of consumer protection,” he said.
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