The strong winds felt in recent days in the Santa Cruz area, more precisely at Madeira International Airport – Cristiano Ronaldo, have led to dozens of cancelled flights, as well as diverted aircraft.
There are many stories about airlines failing to provide information, food and accommodation. But do airlines have to provide food and accommodation when a flight is affected by bad weather?
All travel, whether for work or pleasure, is subject to unforeseen weather conditions. It is common for flights to be delayed and/or cancelled due to bad weather, which leads to additional expenses at the airport and, if the situation continues, additional expenses for transport and accommodation.
On the island of Madeira, one of the most common situations that lead to ‘chaos’ at the airport is due to the strong wind felt in the municipality of Santa Cruz.
We begin by explaining that in the event of a flight cancellation, passengers are unlikely to be entitled to compensation if it is due to extraordinary circumstances. This does not mean that you cannot try, but you must be aware that the process will take time, as airlines will use means to avoid paying.
According to Regulation (EC) No. 261/2004 of the European Parliament, which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, extraordinary circumstances are considered to be those which “could not have been avoided even if all reasonable measures had been taken”.
“These circumstances may arise, in particular, in the event of political instability, weather conditions incompatible with the flight in question, security risks, unexpected failures to ensure flight safety and strikes that affect the operation of the air carrier”, it also reads.
Therefore, according to Article 5 of the Regulation, “the operating air carrier shall not be obliged to pay compensation under Article 7 [Right to compensation] if it can prove that the cancellation was due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.”
But there are other rights if your flight has been affected by bad weather. The airline must provide the necessary care, including meals and drinks suitable for the waiting time for the rerouting flight, two telephone calls or access to email and, if necessary, hotel accommodation and transport between the airport and your accommodation.
The National Civil Aviation Authority (ANAC) confirms, through a publication on its website, that the “air carrier must provide the necessary care: meals and drinks appropriate to the waiting time for the rerouting flight, two telephone calls or access to email and, if necessary, hotel accommodation and transport between the airport and the place of accommodation.”
The ‘Flighrefunder’ website also clarifies:
Other rights if the flight was affected by bad weather, website ‘Flightrefunder.com.pt’
Article 9 ‘Right to assistance’ states that the airline must “pay particular attention to the needs of persons with reduced mobility and any accompanying persons, as well as to the needs of unaccompanied children.”
In ANAC press release no. 4/2024 on recommendations to air transport passengers and consumers in general, it states that if assistance was not properly provided, “passengers who have incurred expenses for meals and drinks, hotel accommodation and transport between the airport and the place of accommodation and/or telecommunications services, may obtain reimbursement of the expenses incurred from the air carrier, provided that they were necessary, reasonable and appropriate.”
To this end, it is very important that passengers keep all receipts for expenses incurred. “It should also be noted that the right to assistance only exists while passengers await re-routing, under equivalent transport conditions, to their final destination at the earliest opportunity,” it adds.
It is therefore possible to conclude that even if a flight is cancelled due to bad weather, which is an “extraordinary circumstance”, the obligation to provide assistance remains valid, particularly with regard to accommodation, transport and food.
