In statements to Lusa, Paulo Fonseca, coordinator of the Legal and Economic Department of DECO (Portuguese Association for Consumer Protection), highlighted that the competent authorities at Cristiano Ronaldo International Airport, in Funchal, are not providing the necessary information to passengers affected by the adverse weather conditions that have occurred on the island and which have resulted in multiple flight cancellations and delays.
To date, DECO has not received any formal complaints, but there have been “several” telephone calls requesting clarification, both from the association’s regional structure in Madeira and through online tools.
Consumer rights
Noting that air passenger rights are not suspended in exceptional circumstances, such as adverse weather conditions, Paulo Fonseca stressed that “the consumer has the right to information, to be informed, effectively, [about] whether there is a delay, whether there is a cancellation and this information must be given in a timely manner”.
At the same time, “the consumer who experiences a cancellation or delay, regardless […] of whether the rerouting occurs immediately or not, has the right to assistance”, added the lawyer.
This assistance – he specified – includes “free meals and drinks, for the proportional waiting time until the rerouting actually takes place”.
Food assistance is due “whether it is a situation that is the responsibility of the airline or not”, that is, in a situation of “winds and storms, the consumer always maintains this right”, he clarified.
Likewise, the passenger “maintains the right to accommodation, should he have to spend the night at the airport”.
This is where “the big problems begin” at Madeira airport, where, frequently, the cancelled flight will only be guaranteed “a few days later”, highlighted Paulo Fonseca.
According to DECO, passengers “do not receive any information from the airline”, which is responsible for ensuring the accommodation, which is “free for the period necessary for the next flight”.
In the absence of this information, DECO advises consumers to look for accommodation and keep all invoices (including transport to and from the airport, as well as meals), in order to request a refund later.
Paulo Fonseca stressed that this situation is not “extraordinary” at Madeira airport and that DECO has already alerted the Regional Government to similar circumstances in the past.
“Consumers often end up spending the night at the airport itself, they have no information, the counters are closed, […] they are restricted to electronic forms and often […] the pages are overloaded”, said the official.
At the same time, he added, “consumers are unable to make complaints” and “there are no support mechanisms” to support them, mechanisms that “must be available and must be activated immediately”.
DECO stresses that it has regularly alerted the Government and the Assembly of the Republic, as well as the regional authorities of Madeira, “to the need to create contingency plans” at airports in order to “ensure that consumers, whenever there are situations that cause massive cancellations of flights or considerable delays […], are not harmed and can have immediate access to assistance”.