Airport wheelchair assistance refused: notice, replacement and costs

When an airport refuses necessary wheelchair assistance or a mobility aid arrives damaged, travellers should preserve the incident and the specific assistance need without delay. Regulation (EC) No 1107/2006 allocates assistance between the airport and the air carrier. It also addresses advance notice, assistance without an extra charge and temporary replacement of damaged or lost mobility aids.

The assessment depends on the booking, the reported need, the time of notice, arrival at the airport and the assistance actually provided. Reporting the need at least 48 hours before the published departure supports the organised forwarding of the information. When no notice was made, the airport managing body must still make every reasonable effort to provide assistance.

This article concerns airport assistance for disabled persons and persons with reduced mobility. Damaged checked baggage in package travel follows a separate assessment. The overview of baggage damage and written notice addresses that issue. Damage to property at a hotel is covered by the article on hotel luggage and valuables.

Article 7(1) of Regulation (EC) No 1107/2006 requires the airport managing body to ensure that the assistance described in Annex I is provided so that a person with reduced mobility can take the booked flight. The condition for this organised assistance is generally that the person’s specific need was reported at least 48 hours before the published departure.

Annex I covers the route from the designated arrival point to the check-in desk, check-in, the route to the aircraft, the necessary security and customs procedures and boarding with a lift, wheelchair or other required aid. After landing, assistance includes reaching the baggage hall and a designated point at the airport. The assistance should be adapted to the individual passenger’s needs as far as possible.

If the notice under Article 7(1) was missing, support should still be assessed. Article 7(3) requires the airport managing body to make every reasonable effort to provide the Annex I assistance. For that reason, preserve the actual sequence even where notice was made at short notice.

Air carriers, their agents and tour operators must accept notices of assistance needs at their sales points. When the need is reported at least 48 hours before the published departure, Article 6(2) generally requires the information to be forwarded at least 36 hours before departure to the managing bodies of the departure, transit and destination airports and, where relevant, the operating air carrier. For a later notice, the information must be forwarded as soon as possible.

Article 7(4) provides two arrival arrangements. A passenger who goes to check-in independently should arrive at the time given in writing or, if no time was given, at least one hour before the published departure. A passenger using a designated assistance point within the airport boundaries should arrive at the stated time or, without such a time, at least two hours before departure.

The 48-hour notice and the arrival times serve different purposes. The notice supports forwarding and organisation. Timely arrival allows the airport to provide assistance from the agreed point or from check-in. Keep the notice, the reply and the time of arrival together.

Responsibility depends on the place and type of assistance. The airport managing body is responsible for the ground assistance in Annex I. This includes movement through the terminal, security procedures, access to the aircraft and assistance after landing until a designated airport point is reached.

Under Article 10, the air carrier provides the assistance listed in Annex II without an extra charge when the conditions in Article 7(1), (2) and (4) are met. Annex II includes, among other things, carriage of up to two mobility aids in addition to medical equipment under the stated conditions, accessible flight information, assistance to reach the toilet where required and best efforts to provide suitable seating subject to safety requirements and availability.

An incident should be allocated between these two levels. Missing support from the designated assistance point to the aircraft usually concerns airport assistance. A mobility aid that was not carried or was damaged during the flight can also involve the air carrier’s assistance and responsibility. The booking, flight number and location of the incident point to the first review route.

Article 8(1) requires the Annex I assistance to be provided without additional cost to disabled persons and persons with reduced mobility. Necessary wheelchair assistance at the airport therefore cannot be made conditional on a separate assistance fee paid by the person concerned.

The airport managing body may raise a special charge on airport users to finance the assistance. Articles 8(3) and (4) require that charge to be non-discriminatory, reasonable, cost-related and transparent. This is a financing arrangement between the airport and airport users. It does not remove the traveller’s right to necessary assistance without additional cost.

The air carrier’s assistance under Article 10 is also provided without an extra charge when the stated conditions apply. If staff or service providers nevertheless request money, preserve the request, the exact assistance concerned and the reason given for payment. A separate expense for an emergency measure is a different question from the Union-law rule on free assistance and should be supported by records.

Annex I identifies temporary replacement of damaged or lost mobility aids as airport assistance. The replacement aid does not have to be identical to the original equipment. For the interim solution, record the passenger’s current needs, usability and the continuation of the journey.

Article 12 provides that a passenger whose wheelchair, other mobility aid or assistance device is lost or damaged during airport handling or carriage on board is compensated in accordance with the applicable international, Union and national law. The regulation does not set one uniform compensation amount in this provision.

Report the damage immediately and preserve photographs, model, serial number, accessories, condition before handover, damage description and a repair estimate. Records of necessary replacement expenses and evidence of value support the later assessment. Temporary replacement and compensation are separate questions.

Article 15 allows an alleged breach to be brought, depending on the case, to the airport managing body or the relevant air carrier. If the response is unsatisfactory, a complaint may be submitted to the enforcement body designated under Article 14 or another competent body of the Member State.

A clear complaint contains the booking, flight number, departure or destination airport, reported assistance need, time and place of arrival, assistance promised and assistance actually provided and the specific consequence of the incident. For a damaged mobility aid, add the condition at handover, photographs, repair records and replacement receipts.

Keep the original notice, replies, receipts and witness names in chronological order. Article 16 requires Member States to establish effective, proportionate and dissuasive sanctions for breaches. The competent body in a particular case and any additional claims depend on the flight and the applicable national rules.

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