Stranded Sandy fliers may get help from European Union

Like thousands of other U.S. travelers stranded in Europe by Hurricane Sandy, Washington, D.C., resident Patrick Blake wound up taking more vacation time than he'd bargained for.

But Blake, who flew United from Amsterdam to D.C. via Houston late Tuesday after his nonstop flight was canceled Monday, considers himself lucky: The airline voluntarily paid for his Amsterdam hotel the night before his rescheduled departure, along with dinner and a taxi to and from the airport.

Karen Cummings isn't as fortunate.Thanks to Sandy, American scrubbed her Monday flight from Milan to Boston via New York's JFK, and rebooked her this Friday, the earliest available alternative. And according to a brochure American handed her at the airport check-in counter, she's not entitled to any compensation because the cancellation was caused by "extraordinary circumstances which could not have been avoided."

Their contrasting experiences illustrate an ongoing controversy about when and whether airlines are responsible for lengthy delays and cancellations, particularly on flights from countries in the European Union, where consumer protection laws are more stringent than in the USA.

EU Regulation 261/2004 states that airlines must compensate passengers if their flight is canceled or delayed at least three hours. That compensation — 600 euros, or about $780, for a trans-Atlantic flight — applies to all airlines, including U.S. carriers, for flights departing a European Union-member airport. (European Union airlines also must pay for canceled or heavily delayed flights departing to member countries, but U.S. airlines are exempt.)

The compensation does not apply under "extraordinary circumstances," including bad weather. But, the regulation notes, "even in extraordinary circumstances, airlines must provide assistance when necessary, while you are waiting for alternative transport." Depending on the event and its severity, that could encompass accommodation, meals and refreshments, plus transport between the airport and the accommodation.

And here's where things get sticky.

Perry Flint, a spokesman for the International Air Transport Association, says "my understanding is that if the flight originates in the EU, all carriers are subject to EU regulations."

A lawsuit filed last month in a federal district court in Illinois accuses United Airlines of violating EU 261/2004 by failing to compensate passengers whose flights were delayed by more than three hours. As consumer advocate Christopher Elliott notes, "it's the highest-profile effort to date to compel U.S. airlines serving Europe to adopt a more consumer-friendly interpretation of the law."

"There's no question that the 'care' provisions," including vouchers or reimbursement for reasonable accommodations, meals and transportation, "would apply after Sandy," says Hank Bates, the Little Rock attorney who filed the lawsuit on behalf of two United passengers whose London flights were canceled earlier this year.

He points to a March ruling by the European Union of Justice that "care" requirements applied despite such extraordinary circumstances as the Iceland volcanic ash incident that paralyzed European air transportation in 2010.

American Airlines didn't respond to a request for comment, but United spokesman Charles Hobart wrote in an e-mail that "as with all consumer protection rules, we carefully adhere to the requirements of Regulation 261."

So what's a stranded passenger to do?

Save your original receipts, and start by checking your airline's website, where you'll find your rights under the airline's contract of carriage (also available through sources like Airfarewatchdog).

United's site, for example, has a special section detailing European Union-established passenger rights, including accommodations and meals.

"Folks don't realize that while they may not be entitled to food, lodging and vouchers, they can ask for it, and they might get it," adds Elliott.

"For example, if you're stuck in NYC on a stopover for an international flight, which becomes a layover, and you have elite status, you can bet your airline is going to take care of you. But even for lesser passengers, a polite request for a voucher or even a special room rate, may lead to something. You never know."