Enforcement of air passenger rights

Suggested complaint handling procedures and assistance forums

Consumer protection is provided by several organisations, national authorities, national alternative dispute resolution forums ( in Hungary, arbitration bodies) and the European Consumer Centres Network to investigate complaints against airlines and/or to pursue their property claims

A) Settle the complaint directly with the airline

The passenger's complaint should first be sent to the airline.

B) Administrative channels

The authorities of the EU Member States (EU Member States include Iceland, Norway and Switzerland) are competent to carry out the administrative investigation of cancellations, delays and denied boarding and to determine the existence of extraordinary circumstances under Regulation (EC) No 261/2004. This is important because no compensation is payable if the cancellation or delay of at least 3 hours is caused by an extraordinary circumstance, i.e. something unforeseeable and unavoidable! The question of extraordinary circumstances is therefore a matter for a national authority to decide.

For flights from these countries (regardless of whether they operate inside or outside the EU), it makes no difference in which country the airline is licensed, so the regulatory procedure must be followed for domestic, EU and non-EU airlines.

For flights from a 3rd country to an EU Member State (EU Member States include Iceland, Norway and Switzerland), the EC Regulation applies only if the airline's operating licence has been issued in an EU Member State (including Iceland, Norway and Switzerland), i.e. the authority procedure under the EC Regulation can only be initiated if the airline has been granted an operating licence in an EU Member State (including Iceland, Norway and Switzerland).

It is important to note that the place of residence or nationality of the passenger (complainant) is irrelevant in the administrative procedure.

In Hungary, pursuant to Government Decree No. 387/2016 (XII.2.) on the designation of a consumer protection authority, the government agency responsible for the seat of the international commercial airport has been designated as the consumer protection authority for the implementation of the EC Regulation in accordance with Article 27 (3) - (4) of Government Decree No. 25/1999 (II. 12.) on the rules of air passenger transport. These are:

1. Budapest Liszt Ferenc International Airport: Government Office of Budapest

2. Debrecen: Hajdú-Bihar County Government Office

3. Sármellék: Zala County Government Office

4. Pécs-Pogány: Baranya County Government Office

It is important to note that, in the case of baggage damage, national enforcement authorities are not competent to enforce the Montreal Convention on baggage damage and delay, but the European Consumer Centre (ECC), alternative dispute resolution forums and the courts can help in the event of a complaint.

However, it should be stressed that any government agency is entitled to take administrative action against airlines on the basis of its general consumer protection powers in matters outside the scope of the EC Regulation (e.g. complaint handling, unfair commercial practices, commercial advertising, etc.).

C) European Consumer Centre - cross-border redress

If a consumer residing in Hungary has a complaint against an airline based in another EU country, Norway, Iceland or the United Kingdom and cannot settle it directly with the company, he or she can seek free assistance from the European Consumer Centre Hungary (ECC Hungary) to pursue his or her financial claim and reach a compromise between the parties. The ECC is part of the National Authority for Trade and Consumer Protection.

In addition, the ECC can assist with essentially any kind of air transport complaint, e.g. complaints about flight delays, cancellations, baggage damage, baggage delay, booking problems (e.g. name spelling), complaints about other services provided by airlines, etc.

Complaints can be submitted to the ECC Hungary at info@magyarefk.hu.

For more information on the complaints procedure, please visit: www.magyarefk.hu

D) Domestic and cross-border alternative and online dispute resolution, claims

Hungarian consumers may refer their domestic complaints against a Hungarian-based airline directly or through the online dispute resolution platform to a arbitration body or a court.

In addition, in the case of an air passenger transport contract concluded online, a passenger can also try to settle a domestic or cross-border dispute with an EU airline through the online dispute resolution platform operated by the European Commission by submitting the dispute to a competent alternative dispute resolution forum in the Member State where the airline is connected to the platform.

The online dispute resolution platform can be found at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

E) Complaints against airlines based in 3rd country

If the airline complained about is based in a third country (e.g. USA, UK, Australia, China, etc.) other than an EU Member State, Iceland or Norway, the consumer may pursue his/her claim for damages in court.

In addition, the passenger can lodge a complaint with the enforcement authorities of the Member States on the issues covered by the EC Regulation in the event of a flight departure from an EU country (including Iceland, Norway and Switzerland): https://transport.ec.europa.eu/transport-themes/passenger-rights/national-enforcement-bodies-neb_en