A flight to New York that doesn’t leave, a missed connection in Chicago, a ticket to Miami that suddenly no longer guarantees the expected arrival. The national ban on takeoffs ordered by the Federal Aviation Administration (FAA) on Friday 13 November in the United States does not only affect those in American airports. The consequences could also reach thousands of travelers departing from Europe, including Italy, and raise an immediate question: Who pays when a flight is canceled due to a decision by the aviation authorities?
The answer is not the same for everyone. It depends on the place of departure, the company operating the flight, the type of booking and above all on an often overlooked distinction: the right to a refund of the ticket does not necessarily coincide with the right to receive financial compensation for the inconvenience suffered.
While US authorities investigate the source of the air traffic control communications problems, European and American rules already establish what obligations companies have towards passengers.
Canceled flight from Italy to the United States: can I request a refund?
For those departing from an Italian airport, the main reference is the European Regulation EC 261/2004, applicable to flights departing from the European Union regardless of the nationality of the company operating them.
In the event of cancellation, the passenger must be able to choose between a refund of the ticket for the journey not made and an alternative solution to reach the final destination. The latter can be organized as soon as possible or at a later date, according to availability and the conditions set out in the regulation.
Let’s take the case of a passenger with a Milan-New York flight canceled due to the consequences of the American blockade. The traveler can request a refund of the ticket or choose to be transported to the destination with an alternative connection.
However, it is not advisable to immediately purchase a new ticket, perhaps a much more expensive one, without first contacting the company. You should check what alternatives have been offered and keep records of communications.
The choice between reimbursement and re-routing is important: accepting the reimbursement and giving up the trip may void the right to subsequently obtain alternative transport from the company.
Is the 600 euro compensation really due?
It is the most delicate point.
The European regulation provides, for some cancellations and prolonged delays, financial compensation that can reach 600 euros per passenger on routes exceeding 3,500 kilometers between the European Union and third countries.
But not all canceled flights automatically entitle you to these 600 euros.
The company may be exempted from the compensation obligation when it demonstrates that the cancellation or delay was caused by exceptional circumstances which it could not have avoided despite taking all reasonable measures.
These circumstances may include decisions by air traffic control authorities that prevent a flight from operating.
In the case of the American blockade, therefore, an exceptional circumstance could be recognized. But the assessment will depend on the concrete facts ascertained, the connection between the event and the flight concerned and the measures adopted by the carrier.
The essential point is that the exclusion of compensation does not automatically eliminate the right to reimbursement, re-routing and assistance.
Hotels, meals and drinks: who pays if you get stuck at the airport?
A passenger who chooses to wait for an alternative flight may be entitled to assistance even when the cancellation is due to exceptional circumstances.
For flights covered by European legislation, assistance includes meals and drinks in relation to the waiting time and, when necessary, hotel accommodation.
If the new flight leaves the following day, the company must also provide the transfer between the airport and the accommodation facility, where applicable.
This is not a commercial favor, but obligations governed by European regulation.
If the company does not organize the assistance directly, it is advisable to ask for information and keep receipts for necessary, reasonable and proportionate expenses.
But be careful: the right to assistance does not equate to the possibility of booking any hotel or incurring unlimited expenses.
If the flight departs from the United States and arrives in Italy, the rules change
Yes, and it’s a crucial difference.
For a flight departing from the United States and bound for the European Union, EU regulation 261/2004 applies when the connection is operated by a community carrier, in addition to other conditions established by law.
A New York-Rome flight operated by a European company can therefore fall under European protection. The same connection operated by a US company is not automatically subject to the regulation.
This does not mean, however, that the passenger of an American company is devoid of rights.
The US Department of Transportation states that, in the event of a cancellation or significant flight change, a passenger who does not accept the alternative accommodation must be able to obtain a refund, regardless of the cause of the cancellation.
In the United States, however, there is no general system of compensation for delays identical to the European one.
How long does it take to get a refund in the US?
The rules of the US Department of Transportation consider significant, among other situations, a change that results in an arrival at least three hours late for domestic flights or six hours for international ones.
When the change falls within the established requirements, the passenger can obtain a refund if he decides not to travel and does not accept the proposed alternative solution.
This does not mean that every passenger delayed by three or six hours automatically receives additional financial compensation, nor that they can claim a refund after having used the flight anyway.
In fact, American regulations distinguish the reimbursement of the service not used from any forms of assistance or compensation.
Missed connection in New York or Chicago: what happens?
Another problem concerns passengers who use US airports to reach a second destination.
The main difference is between a single booking and tickets purchased separately.
Those who have purchased a Milan-New York-Orlando itinerary with a single booking generally have greater protection in reaching the final destination than those who have bought two separate tickets.
In the second case, the carrier of the first connection may not be responsible for the subsequent flight booked independently.
Travel insurance may also become relevant, but you should check the specific conditions of the policy and the exclusions provided for disruptions to air traffic.
What to do immediately if you have a flight to the United States
The first step is to check the status of the connection on the company’s official channels, avoiding automatically considering a flight canceled just because the FAA has ordered a national stop.
The American decision primarily concerns departures from US airports, while incoming international connections are evaluated separately.
If the flight is actually cancelled, you should ask the company what alternatives are available and obtain written communication.
It is useful to keep your booking confirmation, boarding pass, cancellation notifications, expense receipts and any other relevant documentation.
For flights subject to European regulation, the passenger can contact the company directly and, in applicable cases, use the complaint procedures indicated by ENAC.
For connections regulated by US legislation, the reference is the Department of Transportation.
The rule to remember is one: even when a company is not responsible for the cause of a cancellation, this does not mean that it can automatically withhold the price of a trip that the passenger will not take.
In a nationwide air traffic crisis, knowing this difference can mean the difference between losing money needlessly and getting what the law requires.
