Legislation is in place to compensate those affected by delays and overbooking, writes Laura Slattery

Airports on peak holiday season weekends can breed tetchiness in the already nervous travellers gathered.

The first thing that anyone who has booked two much-needed weeks off work wants to do is relax; the last thing is to spend hours slumped on plastic seats in a high-security environment, waiting for their flight to be called and feeling, like Tom Hanks in the film The Terminal, that the international departure gate is their new home.

This summer season is the first in which air passengers should be able to reap the benefits of new EU legislation, which has doubled the amount of compensation payable to passengers who are "bumped" off flights due to overbooking and introduced new rights in the event of long delays or cancelled flights.

However, although the European Regulation on Denied Boarding, Cancellation or Long Delay came into effect in February, the European Consumer Centre (ECC) in Dublin has expressed concern that airlines are ignoring the new rules, which two separate airline industry groups are preparing to challenge in the European Court of Justice later this year.

Consumers whose requests for compensation are denied currently have very little comeback.

The Department of Transport, the Government department responsible for implementing the legislation, has yet to appoint an independent enforcement body to deal with passengers' unresolved complaints against airlines who refuse to compensate consumers.

A spokeswoman for the department said that it was finalising the details but she could not say when the complaints board would be set up.

"In the meantime, passengers can bring legal action if the complaint isn't being satisfied," she said.

ECC Dublin says that it is continuing to receive a stream of complaints from passengers on several airlines who have not been compensated for delays and cancellations.

The ECC, which will only intervene on behalf of Irish consumers if their complaint is against an airline from another EU member state, believes airlines are not complying with their obligation to inform passengers of their rights.

Under the directive, signs at check-in showing passengers' rights should be clearly displayed, while if a flight is delayed by more than two hours or if passengers are denied boarding due to overbooking, they should be given a written note stating their entitlements.

"We would be worried that the information isn't filtering through to people. Even when passengers insist on being told their rights, some airlines are very reluctantly giving it," says Mary Denise Fitzgerald, ECC marketing manager.

So what are passengers' rights under the new rules?

If an airline flying to, from or within the EU has overbooked a flight - a common practice at some carriers who cite consistently high "no show" rates as the justification - it must call on customers to volunteer not to board.

If volunteers come forward they are entitled to look for financial compensation, with the amount of money agreed between the airline and the passenger.

The passenger is also entitled to an alternative flight or a refund of the ticket.

If a passenger does not volunteer to give up his seat, but the airline kicks him or her off the flight anyway, the airline must offer financial compensation ranging from €250 to €600, depending on the length of the flight, and it must also offer the passenger an alternative flight or refund.

These passengers are entitled to look for overnight accommodation while waiting for an alternative flight, if necessary.

They are also entitled to a free meal, refreshments and a telephone call.

If a flight of less than 1,500 km is delayed by more than two hours, passengers should again be offered meals, refreshments and two free telephone calls, as well as free hotel accommodation and free transport between the airport and the accommodation in the event of an overnight delay.

With long-haul flights, the flight must be delayed by at least four hours for these rights to apply.

On a delay of more than five hours, passengers must be offered a refund and a flight back to their original point of departure if the delayed journey is no longer worthwhile.

And if the flight is cancelled at the last minute, passengers must be given a choice between a refund or a re-routing to their final destination.

If the alternative flight times differ significantly, passengers may be entitled to compensation ranging from €250 to €600.

But there are many exceptions to the rule.

Passengers are not entitled to any financial compensation if the delay or cancellation is caused by bad weather, a security alert, industrial action, political instability, an unexpected flight risk, or any event deemed to be beyond the control of the airline.

Airlines are supposed to provide meals, accommodation and alternative flights to passengers delayed because of extreme weather, however, and this provision has been objected to by several airlines.

Some low-cost carriers have also refused to provide meal vouchers in the event of a delay, arguing that they don't include meals as part of their on-board service, so why should they offer them to waiting passengers?

Ryanair's passenger charter states that it does not provide refreshments, meals or accommodation to passengers facing delays. However, the airline also claims to be one of the few in Europe that does not overbook its flights.

The airline industry claims that the financial penalties under the EU legislation will inevitably be passed on to consumers in the form of higher fares.

Meanwhile, as more people travel and consumer rights are theoretically enhanced, complaints against airlines seem set to continue to rise, according to ECC Dublin.

In 2004, complaints rose 35 per cent on the previous year to a total of 314.

In a report on airline complaints published earlier this year, ECC Dublin warns that consumers must take more responsibility for their actions by reading the terms and conditions of the tickets they buy.

But the consumer centre also says that where airlines are at fault, they are not making it easy for passengers to claim the compensation that is due to them even under the terms of established rules under the Montreal Convention (see panel).

"They weren't complying with the old legislation, which is a bit worrying," says Ms Fitzgerald.

Consumers whose flights are cancelled are often irked by the rigmarole of having to submit a written request for a simple refund, never mind compensation.

They must still write to the airline to stand a chance of getting anything back, however, the same should not be true of "bumping" cases.

"If you are denied boarding due to overbooking, you shouldn't have to physically write to the airline.

"They are obliged to hand out compensation within seven days," says Ms Fitzgerald.

However, although Irish people can take action against Irish airlines through the Small Claims Court, as the Department of Transport recommends, for overseas passengers on Irish carriers and Irish passengers on overseas carriers it is usually not worth the financial trouble or hassle to take legal action, the ECC notes.

These difficulties, coupled with the absence of an independent adjudicator, means air travellers are just as vulnerable as ever to airlines "cavalier approach" to customer relations.

As a result, air passengers anxious that they might miss their friend's overseas wedding because their flight has been delayed 10 hours should not exactly be surprised if there is no cheque forthcoming and they have to pay for their own coffee while they cling onto their boarding passes and stare at the departure screen.