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PASSENGER RIGHTS

INFORMATION ON PASSENGER RIGHTS IN CASES OF DENIED BOARDING, FLIGHT CANCELLATION AND FLIGHT DELAYS

REFERENCE LEGISLATION: Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
  • DENIED BOARDING: THE PASSENGER IS NOT EMBARKED DUE TO AN EXCESSIVE NUMBER OF RESERVATIONS
  • FLIGHT CANCELATIONS: THIS OCCURS WHEN THE FLIGHT IS NOT OPERATED
  • PRLONGED FLIGHT DELAYS: THIS OCCURS WHEN THE DEPARTURE OF THE AIRCRAFT IS DELAYED WITH RESPECT TO THE SCHEDULED DEPARTURE TIME

The protections apply to:

  • flights (scheduled, charter, low cost) departing from an EU airport
  • flights (scheduled, charter, low cost) departing from an airport located in a non-EU country, destined for an EU airport, only if the airline is an EU company and provided that the passenger has not already availed of the benefits provided by local legislation.

Passengers are entitled to these forms of protection if:

  • they have a flight ticket
  • they have a confirmed booking
  • they check in using the method and at the time indicated in writing by the airline, tour operator or authorised travel agent, or, if no instructions are provided, no later than forty-five minutes before the scheduled departure time

The protections are also provided in the event that the airline or tour operator transfers the passenger from the booked flight to another flight, regardless of the reason.

The following passengers are not entitled to the aforementioned protections:

  • passengers travelling free of charge or at a reduced fare that is not available to the public, either directly or indirectly, to the public (e.g. employees of airlines, travel agencies or tour operators)
  • passengers who are denied boarding due to health, safety concerns or invalid travel documents

FORMS OF PROTECTION FOR DENIED BOARDING

The airline must first CALL FOR VOLUNTEERS in order to determine if there are passengers who are willing to give up their seats in exchange for benefits to be agreed.

If there are no volunteers, the passenger denied boarding is entitled to receive the following from the airline:

  • PECUNIARY COMPENSATION calculated based on the route (intra-Community or international) and

the distance travelled:

  • INTRA-COMMUNITY FLIGHTS THAT ARE 1500 KM OR LESS: €250
  • INTRA-COMMUNITY FLIGHTS OVER 1500 KM: €400
  • INTERNATIONAL FLIGHTS THAT ARE 1500 KM OR LESS: €250
  • INTERNATIONAL FLIGHTS BETWEEN 1500 KM and 3500 KM: €400
  • INTERNATIONAL FLIGHTS OVER 3500 KM: €600

The airline has the option to reduce the compensation by 50% if the passenger is given the opportunity to travel on a different flight that arrives within two, three or four hours respectively of the originally scheduled flight.

Monetary compensation can be paid in various ways, including cash, electronic bank transfer, bank payments or cheques or, if agreed upon with the passenger, travel vouchers and/or other services. This applies regardless of the ticket's purchase price.

  • REFUND of the ticket price for the portion of the trip not taken

or alternatively

  • RE-ROUTING as soon as possible or at a later, more convenient date for the passenger, under comparable travel conditions

ASSISTANCE:

  • meals and drinks in relation to the length time you have to wait
  • adequate accommodation in the hotel, in the event that one or more nights are required
  • transfer from the airport to the accommodation facility and vice versa
  • two telephone calls or messages via telex, fax or e-mail

Persons with reduced mobility, their possible companions, and unaccompanied children have the right to receive priority assistance.

FORMS OF PROTECTION FOR FLIGHT CANCELLATIONS

In the event of flight cancellations, passengers have the right to:
  • REFUND of the ticket price for the portion of the trip not taken

or alternatively

  • RE-ROUTING as soon as possible or at a later, more convenient date for the passenger, under comparable travel conditions

ASSISTANCE:

  • meals and drinks in relation to the length time you have to wait
  • adequate accommodation in the hotel, in the event that one or more nights are required
  • transfer from the airport to the accommodation facility and vice versa
  • two telephone calls or messages via telex, fax or e-mail

Persons with reduced mobility, their possible companions, and unaccompanied children have the right to receive priority assistance.

  • IN SOME CASES ALSO TO PECUNIARY COMPENSATION calculated based on the route (intra-community or international) and the distance travelled:
  • INTRA-COMMUNITY FLIGHTS THAT ARE 1500 KM OR LESS: €250
  • INTRA-COMMUNITY FLIGHTS OVER 1500 KM: €400
  • INTERNATIONAL FLIGHTS THAT ARE 1500 KM OR LESS: €250
  • INTERNATIONAL FLIGHTS BETWEEN 1500 KM and 3500 KM: €400
  • INTERNATIONAL FLIGHTS OVER 3500 KM: €600

The airline has the option to reduce the compensation by 50% if the passenger is given the opportunity to travel on a different flight that arrives within two, three or four hours respectively of the originally scheduled flight.

Monetary compensation can be paid in various ways, including cash, electronic bank transfer, bank payments or cheques or, if agreed upon with the passenger, travel vouchers and/or other services. This applies regardless of the ticket's purchase price.

PECUNIARY COMPENSATION IS NOT DUE IN the event that:

  • the airline can prove that the flight cancellation was caused by exceptional circumstances: e.g. adverse weather conditions, safety alarms, strikes
  • the passenger was informed of the cancellation:
  • with at least two weeks' notice
  • between two weeks and seven days prior to the departure date, if an alternative flight is offered with a departure time no later than two hours before the originally scheduled time and an arrival at the final destination no later than four hours after the originally scheduled time
  • less than seven days prior to the scheduled flight, if an alternative flight is offered that departs no more than one hour before the originally scheduled time and arrives at the final destination no later than two hours after the originally scheduled time

FORMS OF PROTECTION FOR PROLONGED FLIGHT DELAYS

Passengers have the right to:

ASSISTANCE:

  • meals and drinks in relation to the length time you have to wait
  • adequate accommodation in the hotel, in the event that one or more nights are required
  • transfer from the airport to the accommodation facility and vice versa
  • two telephone calls or messages via telex, fax or e-mail

The RIGHT TO ASSISTANCE is recognised based on the route (intra-Community or international) and the distance travelled:

  • INTRA-COMMUNITY FLIGHTS THAT ARE 1500 KM OR LESS: flight delay of at least 2 hours
  • INTRA-COMMUNITY FLIGHTS OVER 1500 KM: flight delay of at least 3 hours
  • INTERNATIONAL FLIGHTS THAT ARE 1500 KM OR LESS: flight delay of at least 2 hours
  • INTERNATIONAL FLIGHTS BETWEEN 1500 KM AND 3500 KM: flight delay of at least 3 hours
  • INTERNATIONAL FLIGHTS OVER 3500 KM: flight delay of at least 4 hours

Persons with reduced mobility, their possible companions, and unaccompanied children have the right to receive priority assistance.

  • DECIDING NOT TO FLY: when a flight is delayed for five hours or more, passengers have the right to choose not to proceed to their destination without being required to pay a penalty and will be refunded the ticket price for the portion of the journey not flown.

As established by a ruling of the European Court of Justice in November 2009, passengers who experience a delay and arrive at their destination more than three hours later than the scheduled arrival time may be eligible for compensation, similar to cases of flight cancellations. This right, however, expires if the airline proves that the prolonged delay occurred due to exceptional circumstances.

The airline aims to save time and costs by promoting the resolution of complaints through alternative methods instead of going to court. Passengers are encouraged to participate in amicable settlements, including using remote communication methods. They can join personally or seek assistance from the Network of European Consumer Centres, which can also provide information on passenger rights. For more details, visit the website www.ecc-netitalia.it