The airport wait can be made more tolerable with the right to care.
Typically, this translates into no-cost meals and complimentary hotel stays.
If your Smartwings flight is delayed, cancelled at the last minute, overbooked, or there’s a change in the schedule, you are entitled to certain amenities free of charge. If the delay exceeds 3 hours, you should receive complimentary meals and beverages. In the event of an overnight delay, Smartwings should arrange a complimentary hotel stay for you.
Right to Care From Smartwings
Safeguarded by European law, air passengers have a right to care.
This signifies that individuals flying with European airlines have the entitlement to specific services without charge in instances of flight delays, cancellations, and overbookings. These passenger safeguards are applicable to the majority of Smartwings flights to and from the European Union. This is enforced by Regulation (EC) No 261/2004.
If you’re travelling with a non-European airline, remember that European regulations only apply to its flights originating from European airports.
Short Delays (3+ Hours)
You can get: free meals and beverages.
If your delay is 3 hours or longer and occurs during daylight hours, Smartwings is required to provide complimentary meals and beverages. You are also eligible for two free phone calls, emails, or faxes, which will be facilitated through vouchers.
Long Delays (Overnight)
You can get: meals, beverages, hotel accommodation, and airport transportation.
If your flight is delayed overnight, Smartwings will provide you with free accommodation, airport transportation, meals, and beverages. If you haven’t received details about these arrangements, please contact Smartwings promptly.
How to Get Free Food and Free Hotel Accommodation?
If you experience a long airport wait, Smartwings should automatically provide amenities such as free meals, free hotel accommodation, and free airport transfers. You shouldn’t have to ask for these; they should be offered to you during the wait.
If these services are not offered, it’s recommended to reach out to the Smartwings customer service desk and ask about them. The airline is obligated by European law to provide these amenities at no cost for eligible delays.
In the unlikely event the airline doesn’t arrange these services for you, you may need to arrange them independently. Keep all receipts and proof of purchase for meals, beverages, transfers, and hotel stays. Then, you can request reimbursement from Smartwings by providing detailed expenses during the delay. Be sure to include all necessary information to speed up the reimbursement process.
Extraordinary Circumstances
To start with, let’s understand the meaning.
What Are Extraordinary Circumstances?
The term extraordinary circumstances applies to situations that are outside the airline’s control, leading to changes, delays or cancellations in flight schedules. These could be severe weather situations, strikes that don’t involve the airline, safety threats, political unrest, or hidden manufacturing defects that could affect flight safety.
Under such instances, despite the disruption caused, airlines are not responsible for providing compensation, as stated in Regulation (EC) No 261/2004.
However, the right to care remains in effect.
Are Technical Problems Considered Extraordinary Circumstances?
Normally, technical issues are not considered extraordinary circumstances according to Regulation (EC) No 261/2004. The regulation clearly states that technical difficulties arising from routine airline operations are not considered extraordinary as they are within the control of the airline.
This can include regular maintenance or minor fixes. Such problems are seen as an airline’s basic duties and hence cannot be an excuse to evade passenger compensation or care.
However, if there is a hidden manufacturing defect that jeopardizes the safety of the flight, it can be deemed extraordinary. This is because such situations are rare, pose an immediate threat to the safe operation of the aircraft, and exceed the airline’s normal technical obligations.
Right to Care in Extraordinary Circumstances
In the face of extraordinary circumstances, passengers still retain the right to care.
While Smartwings may not be legally obligated to compensate for delays or cancellations due to unforeseen circumstances, they are still required to ensure your comfort during the delay. This includes providing meals, drinks, and lodging in the event of significant delays.
The same rule applies when providing an alternative form of transport (i.e., a replacement flight) if the flight is cancelled – passengers are entitled to this even if the flight is cancelled due to extraordinary circumstances.
Right to Care: FAQ
In this section, we aim to shed light on some frequently asked questions concerning passengers’ right to care during flight delays and cancellations with Smartwings.
What Does the Right to Care Entail?
The right to care encompasses the obligations that European airlines (including budget airlines) have towards their passengers when flights are delayed, overbooked (denied boarding), or cancelled.
According to European law, airlines are required to ensure passengers’ comfort by providing complimentary meals, refreshments, and accommodation in the event of significant delays.
How Do I Get Care If My Smartwings Flight Is Delayed?
In the event that your flight is delayed by 3 hours or more, Smartwings should offer you facilities such as complimentary meals and refreshments, and provide the necessary accommodation in case of overnight delays.
If these are not promptly provided by the airline, you can directly contact the Smartwings customer service counter at the airport. Alternatively, you’re allowed to cover the cost of these services yourself and then submit a claim for reimbursement later. Remember, the earlier you do this, the better.
Do I Have the Right to Care If My Smartwings Flight Is Cancelled?
Indeed, if your flight gets cancelled, you’re eligible for the right to care.
This means that Smartwings is obligated to cater to your needs by providing meals, refreshments, and accommodation (if needed), as well as an alternative method of transportation to your final destination. Furthermore, if the cancellation occurs due to factors within the airlines’ control, you’re also entitled to flight cancellation compensation.
Are Extraordinary Circumstances an Exception to the Right to Care?
No, the right to care is upheld even during extraordinary circumstances, which encompass situations beyond the control of the airline.
This implies that you’re still entitled to complimentary meals, refreshments, and accommodation (if necessary), even if your flight is delayed or cancelled due to factors like severe weather conditions, security threats, or other unforeseen events.
How Do I Request Reimbursement If I Had to Arrange for My Accommodation and Meals?
If Smartwings doesn’t provide meals, accommodation, or airport transfers, make sure to keep all receipts and proof of purchase. You can later submit these, along with a detailed breakdown of your expenses during the delay, to Smartwings for reimbursement. Remember, this policy only covers essential expenses, not luxury purchases. Don’t expect reimbursement for extravagant meals or unnecessary spending from the airline.
Does the Right to Care Apply to All Smartwings Flights?
Yes, the right to care applies to all Smartwings flights departing from Europe.
As an EU airline, Smartwings falls under Regulation (EC) No 261/2004, ensuring the right to care for all of its flights from Europe. However, it’s important to mention that for non-EU airlines, this regulation only covers flights departing from Europe. Flights on non-EU airlines arriving in Europe from outside the continent are not protected under this European law.
Does All Of This Apply Only to Europeans?
No, the right to care extends to passengers of all nationalities on Smartwings flights.
The right to care is established by Regulation (EC) No 261/2004 and Regulation UK261, introduced by the European Union and the UK government respectively. These regulations require all European airlines, including Smartwings, to provide necessary care and compensation to affected passengers. This means that all passengers on Smartwings flights, regardless of nationality, are entitled to the right to care.
However, this regulation only applies to non-EU airlines on flights departing from Europe, not on flights arriving in Europe from other parts of the world.
By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.