Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules for compensation and assistance to passengers in the denied boarding and cancellation or long delay of flights.
The rights of air passengers in the European Union have been strengthened.
The new rules apply:
- Passengers departing from an airport located in the territory of a Member State.
- Passengers departing from an airport located in a third country to an airport situated in the territory of a Member State, provided that the flight is operated by a Community air carrier.
- If you have a confirmed reservation for the flight.
A confirmed booking means that the ticket which has been sold by the authorized carrier or travel agency contains the flight number, date and time of the flight with the OK, confirmed or any other appropriate indication in the space provided for the ticket. This means that the carrier has acknowledged and confirmed the reservation.
BUT WHEN IS THERE NO TICKET?
Nowadays, many companies do not issue conventional tickets. Instead, they send an itinerary impression or an electronic mail that constitutes the transport ticket. If the reservation is made via telephone, they can assign a reservation number and this will be valid as a transport ticket. The passenger will have to present the impression of their itinerary, electronic receipt or reservation number when they check in since they contain important information about the times and dates of the trip.
Important Note: If the passenger’s ticket is free or has a reduced fare that is not available, directly or indirectly to the public, the carrier is not obliged to indemnify the passenger for the denied boarding.
Every year, thousands of passengers are victims of overbooking, long delays and flight cancellations.
When making a reservation, passengers have to accept the conditions imposed by the airline, they can not negotiate their contracts and rarely know them in fact. When travel does not go as expected, either by denied boarding or by cancellation of a flight, they are dependent on the carrier to continue their journey and return home.
The new rules impose an automatic minimum compensation for any damages suffered.
Air passengers now have more means to defend their rights.
KNOW YOUR RIGHTS IN CASE OF:
- Denied boarding
- Flight cancellation
- Prolonged delays
- Placement in lower class
- Organized trips
The amounts provided for compensation or refunds of ticket prices can be made in cash, by bank transfer or check. These payments can only be made through travel vouchers or other services with express consent of the passenger through written agreement.
All amounts must be paid within 7 days.
Also, know what rights you will have in case of:
- Loss, delay or damage to luggage
- Personal injury and death in accidents
REFUSAL TO BOARD – WHAT IS IT? WHAT RIGHTS?
Refusal of boarding means that the air carrier refuses to board the passenger on a scheduled flight, despite having a valid ticket, confirming his / her reservation and having presented himself / herself to the check-in at the indicated time and written by the carrier, tour operator or authorized travel agent. If this time is not indicated the passenger should be presented for registration up to 45 minutes before the published departure time.
Normally, denied boarding happens when the carrier sells more tickets than existing ones. This is due to the fact that about 10% of passengers do not confirm their reservations in time, do not register for the trip or simply decide not to make the trip.
When the passenger buys a ticket for air transportation, he enters into a contract with the carrier. From this contract arise rights, but also duties. Of the passenger’s duties, the following stand out:
- a) The passenger must confirm his reservation;
- b) The passenger must present at the check-in at the date and time stipulated and demonstrate that he has a confirmed reservation.
If the passenger fails to do so, the carrier may refuse boarding without being obliged to compensate him in any way.
However, the carrier may agree with the passenger to embark on another flight, whether or not charging a charge, if available. This will depend on the business practices adopted by each company.
WHAT RIGHTS?
When it has reasonable grounds to foresee that it will refuse boarding on a flight, the operating air carrier shall first of all appeal to volunteers who agree to relinquish their seats. Only if there are no volunteers can the shipment be refused.
There are thus two distinguishing factors:
- a) The passenger voluntarily surrenders his place
If the passenger agrees to assign his seat, benefits may be agreed between the passenger and the carrier. In addition to these benefits, the passenger will also be entitled to assistance from the carrier. You will have the right, alternatively, to reimburse the ticket within seven days and return flight to the first point of departure or re-routing to the final destination (at the earliest opportunity or at a later date of the convenience of the passenger, in this case subject to availability of places).
- b) The passenger does not want to give up his place
If the number of volunteers is insufficient to allow boarding, the air carrier may refuse to board passengers against their will and indemnify them.
In this case, passengers shall be entitled to a minimum compensation in the following amounts:
- 250 € for all flights up to 1500 km;
- € 400 For all intra-Community flights of more than 1500 km and for all other flights between 1500 and 3500 km;
- 600 € for all flights not covered by the preceding cases.
This compensation may be reduced by 50% if the passenger is offered re-routing to his final destination on an alternative flight whose time of arrival does not exceed that of the original flight on:
- Two hours on flights up to 1500 km
- three hours on intra-Community flights of more than 1500 km and on all other flights between 1500 and 3500 km;
- Four hours on flights not covered in the preceding cases.
In addition to this minimum indemnity, the passenger shall be entitled to:
- The reimbursement of the ticket price within seven days and free return flight to the first point of departure or re-routing to the final destination (at the earliest opportunity or at a later date of the convenience of the passenger, in this case, subject to the availability of seats ).
- Assistance: the carrier must offer the passenger:
- Meals and beverages in reasonable proportion to the waiting time;
- Accommodation in a hotel;
- Transportation between the airport and the place of accommodation;
- The possibility to make, free of charge, two telephone calls, telexes, messages via fax or messages by electronic mail.
It should be noted that the operating air carrier should pay particular attention to the needs of persons with reduced mobility and their accompanying persons, as well as unaccompanied children.
“Final destination” is the destination that appears on the ticket that is presented at check-in.
If the passenger is going to catch more than one plane (connecting flights) the final destination will be the last destination mentioned on your transport ticket.
If the passenger has connecting flights that can be carried out without difficulty despite the fact that the denied boarding has caused some delay, the passenger will not be entitled to be reimbursed for those flights.
FLIGHT CANCELLATION
If the flight is canceled for reasons attributable to the carrier, such as due to technical or operational problems, it must offer the passenger:
(a) The option between reimbursement of the ticket price within seven days (and free flight to the point of departure when appropriate) or an alternative transport to the final destination (at the earliest opportunity or at a later date of the convenience of the passenger , in this case, subject to the availability of places);
And still,
- b) Assistance (meals and drinks in reasonable proportion to the waiting time, hotel accommodation, transportation between the airport and the place of accommodation, the possibility to make, free of charge, two telephone calls, telexes, messages via fax or messages by e-mail).
The carrier may also have to compensate him in the same way as in the case of denied boarding, unless he is advised of the cancellation in advance.
Thus, the passenger will not be entitled to compensation if:
- a) Is informed of the cancellation of the flight two weeks in advance of the time of departure;
- b) If you have been informed of the cancellation between two weeks and seven days of the scheduled time of departure, you have been given the alternative to leave until two hours before and arrive at the final destination until four hours after the established time;
- c) If you have been informed of the cancellation less than seven days before the scheduled departure time, you have been given the alternative to leave until one hour before and arrive at the final destination until two hours after the scheduled time of arrival;
(d) If the carrier proves that the cancellation was due to extraordinary circumstances which could not reasonably be avoided.
It is up to the carrier to prove that he informed the passenger of the cancellation and on what date and conditions.
PROLONGED DELAYS
If the carrier foresees that in relation to the scheduled time of departure a flight will be delayed:
- 2 hours or more in the case of any flights up to 150 km;
- 3 hours or more for intra-Community flights of more than 1500 km and for all other flights between 1500 and 3500 km;
- 4 hours or more, in the case of flights not covered by the preceding cases, the passenger is entitled to immediate assistance.
This assistance will be the provision of:
- Meals and beverages in reasonable proportion to the waiting time;
- The possibility to make, free of charge, two telephone calls, telexes, messages via fax or messages by electronic mail.
If the departure time of the new flight is the day after the scheduled date, the passenger will also be entitled to hotel accommodation and transportation to and from the airport and the place of accommodation.
PLACEMENT IN LOWER CLASS
If the passenger agrees to be placed in a lower class than the one for which the ticket was purchased, the carrier will have to reimburse it within seven days in accordance with the following:
- 30% of the ticket price for all flights up to 1500 km;
- 50% of the price of the ticket for all intra-Community flights of more than 1500 km, except for flights between Member States and the French overseas departments, and for all other flights between 1500 and 3500 km;
- 75% of the ticket price for all flights not covered by the preceding cases, including flights between Member States and the French overseas departments.
TRIPS ORGANIZED
Without prejudice to the rights deriving from the special legislation applicable to package travel, the tour operator shall be required to transfer to the passenger any sums paid for denied boarding, cancellation of flight, delay or placement in a lower class.
LOSS, DELAY OR DAMAGE TO LUGGAGE
With the 1999 Montreal Convention and Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents, as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 setting uniform limits of liability for loss, damage or destruction of luggage and for damage caused by delays in travel by Community carriers of the loss, delay or damage as well as the liability of the carrier in case of damage or death in an accident, is further clarified.
The rules below apply to any flight operated by an EU airline anywhere in the world as well as to any State that has ratified the Montreal Convention.
In fact, only a unified regime guarantees a simple and clear information for the passenger, allowing him or her to recognize the need to make supplementary insurance or not.
In the case of checked baggage, the carrier is always liable if the loss or damage occurs on board the aircraft or during the period in which the registered baggage is in the custody of the carrier. Nevertheless, the carrier will not be liable if the damage resulted exclusively from defect, from the nature or from the vice of the luggage itself. In the case of unchecked baggage, including personal belongings, the carrier is liable if the damage is caused by the fault of the carrier, its employees or agents.
The passenger can claim compensation for the damages caused by the loss, delay in arrival or damage of luggage up to the amount of 1000 SDRs1.
If the passenger carries higher values, in order for the amount to be paid by the carrier, the passenger must, at the moment of delivery of the baggage to the carrier and upon payment of a supplementary amount, make a special declaration of interest at the destination.
In case of delayed baggage, the carrier may offer an emergency purchase right away, but its amounts may differ from carrier to carrier. If you have to make any expenses, the passenger must save the receipts to join them to your complaint.
DEADLINES FOR COMPLAINT
If the baggage has suffered damage, delay, loss or destruction, the passenger must submit a written complaint to the air carrier as soon as possible. The passenger must claim the loss or damage to the baggage always to the carrier before leaving the airport. Failure to make an immediate claim may presume that you have received it in good condition.
There are, however, maximum deadlines for the complaint, which must be made in writing to the carrier:
- a) In case of damaged registered luggage, within 7 days from the date of delivery;
- b) In the case of delayed arrival of the baggage, within 21 days from the date of delivery;
- c) In case of loss there is no fixed deadline. It should be noted that after 21 days the delay of the luggage should be treated as loss of luggage.
Any legal action relating to damages shall be lodged within two years from the date of arrival of the airplane or from the date on which the airplane should have arrived.
You can submit the claim to the airline with which you entered into the contract or to the airline operating the flight, if different.
PERSONAL INJURY AND DEATH IN AN ACCIDENT
Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents, as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002, as well as some rules on compensation for physical injury or death of passengers.
It should be noted that the obligation of the carrier to pay an advance, within 15 days of the identification of the person entitled to compensation, covering immediate economic needs. In the event of death, such advance payment shall not be less than 16,000 SDRs.
INFORMATION RIGHTS
In case of denied boarding, cancellation and delay of more than two hours, the carrier must distribute to each affected passenger a form with the rules of compensation and assistance.
The printed passenger must also be given the contact details of the national body responsible for implementing the Regulation. In Portugal, INAC – National Civil Aviation Institute.
IF THERE IS DENIED BOARDING, CANCELLATION OF FLIGHT OR PROLONGED DELAY, HOW TO PROCEED?
The passenger shall require the carrier’s representative to resolve the problem.
If he does not fulfill his obligations, the passenger must complain to INAC – National Civil Aviation Institute.
These rights shall apply without prejudice to passengers’ rights to additional compensation. To this may be added another that will be determined judicially.
CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES
PASSENGERS WHOSE TRAVEL INCLUDES A POINT OF FINAL DESTINATION OR SCALE IN A COUNTRY OTHER THAN THE DEPARTURE ARE INFORMED OF THAT INTERNATIONAL TREATIES WHICH ARE KNOWN AS THE MONTREAL CONVENTION, OR ITS PREAMBLE, THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS (CONVENTION SYSTEM OF MONTREAL) MAY APPLY TO THE TOTALITY OF THE TRIP, OR TO A PART OF THE SAME MADE WITHIN A COUNTRY. TO THESE PASSENGERS, THE APPLICABLE TREATY, INCLUDING SPECIAL TRANSPORT CONTRACTS INCORPORATED AT ANY APPLICABLE TARIFF, REGULATES AND MAY LIMIT THE LIABILITY OF CARRIERS.
WARNING ABOUT LIMIT OF LIABILITY
The Montreal Convention may apply to your travel, and this Convention governs and may limit the liability of air carriers in the event of death or personal injury, loss of or damage to luggage, and delays.
If the Montreal Convention applies, the limits of liability are as follows:
- There are no financial limits in case of death or personal injury.
- In the event of destruction, loss, damage or delay of baggage, 1,131 Special Drawing Rights (approximately 1,200 EUR, 1,800 U.S. dollars) per passenger in most cases.
- For damages caused by delay in travel, 4,694 Special Drawing Rights (approximately 5,000 Euros, 7,500 US dollars) per passenger in most cases.
Regulation EC No 889/2002 requires air carriers of the European Community to apply the limits established by the Montreal Convention in respect of the carriage of passengers and their luggage by air. Many air carriers which do not belong to the European Community also apply the Montreal Convention for the carriage of passengers and their baggage.
In cases where the Montreal Convention applies, the following limits of liability may apply:
- 16,600 Special Drawing Rights (approximately 20,000 Euros, US$ 29,000) for death or personal injury in cases where the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately 10,000 Euros, US$ 14,000) ) if it applies only to the Montreal Convention. Many air carriers have voluntarily waived these limits in their entirety, and the rules of the United States of America provide that, on journeys to, from or with an agreed stopping place in the U.S., the limit may not be less than US$ 75,000.
- 17 ‘Special Drawing Rights’ (approximately 20 Euros, 29US dollars) per kilo for loss of or damage or delay of registered luggage, and 332 ‘Special Drawing Rights’ (approximately 400 Euros, 575US dollars) for unregistered baggage.
- The carrier may be liable for damages caused by delay.
You may obtain further information from the carrier regarding the limits of liability applicable to your journey. If the passenger’s journey involves transportation by different carriers, you should contact each carrier for information on applicable liability limits.
The passenger may benefit from an upper limit of liability for loss of, damage or delay of baggage regardless of the Convention applicable to his travel, by means of a special declaration made at check-in of the value of his luggage and paying any additional charges applicable. Alternatively, if the value of the baggage exceeds the applicable liability limits, all luggage must be insured before travel.
Deadline for legal action: Any legal action in court concerning claim for damages must be made within two years from the date of arrival of the aircraft, or from the date the aircraft should have reached its destination. Baggage claim: It must be communicated in writing to the carrier within 7 days from the date of delivery in the event of damage and, in the event of a delay, within 21 days of the baggage being placed on the provision of the passenger.
Notice on the Incorporated Contract Terms by Reference:
- Your contract of carriage with the air carrier providing the international, domestic or domestic portion of an international journey is subject to this notice; to any notice or receipt from the carrier; and the carrier’s individual terms and conditions (Conditions), related rules and regulations, and any applicable charges.
- If the transport is carried out by more than one carrier, different Conditions, Regulations and tariffs may apply for each carrier.
- The Conditions, Regulations and tariffs applicable by each carrier are incorporated by reference in this notice and form part of their contract of carriage.
- The Conditions may include, but are not limited to:
- Conditions and limits on the liability of the carrier in case of personal injury or death of passengers.
- Conditions and limits on the liability of the carrier in case of loss of, damage to or delay of goods and baggage, including fragile or deteriorable goods.
- Rules applied for the declaration of a higher value for the baggage and for the payment of any applicable additional charges.
- Application of the conditions and limits of liability established by the carrier in respect of the acts of its agents, employees and representatives, including any person providing equipment or services to the carrier.
- Restrictions applicable to claims, including deadlines within which passengers must claim or bring legal action against the carrier.
- Rules applicable to reconfirmation or reservations; check-in times; use, duration and validity of air transport services; and the right of the carrier to refuse carriage.
- Carrier rights and limits on liability for delay or failure to provide a service, including schedule changes, replacement of alternative carriers or aircraft and change of course, and, when required by applicable law, the obligation on the part of the carrier to inform the identity of the operating airline or the replacement aircraft.
- The rights of the carrier to refuse carriage to passengers who do not comply with applicable law or who do not provide all the necessary travel documents.
- You can obtain additional information about your contract of carriage and request a copy of it at the points of sale of the carrier. Many carriers post this information on their websites. Where required by applicable law, the passenger has the right to inspect the full contents of his contract of carriage at the carrier’s airport and points of sale and, on request, receive a free copy of each carrier by mail or other distribution.
- If a carrier sells air transport services or accepts baggage that specifies transport with another carrier, it acts solely as agent of the carrier.
YOU CAN ONLY TRAVEL IF YOU HAVE ALL THE DOCUMENTATION YOU NEED TO TRAVEL, SUCH AS PASSPORT AND VISA.
SOME GOVERNMENTAL ENTITIES MAY REQUEST THEIR CARRIER TO PROVIDE INFORMATION ABOUT OR THAT AUTHORIZES ACCESS TO PASSENGER DATA.
REFUSAL OF BOARDING: Flights may be overbooked, and there may be no available seat on the flight even if you have a confirmed reservation. In most cases, if you are involuntarily denied boarding, you are entitled to compensation. Whenever required by applicable law, the carrier must request volunteers before involuntarily denying boarding passengers. Check with your carrier about the rules applicable to DBC Denied Boarding Compensation payments and the shipping priorities applied.
BAGGAGE: Can be declared excess of value for certain types of articles. Carriers may apply special rules for the transport of fragile, valuable or deteriorable articles. Check with your carrier.
REGISTERED BAGGAGE: Carriers may authorize a free baggage allowance, which is defined by the carrier and may vary according to class and / or route. Carriers may charge additional charges for checked baggage that exceeds the allowable allowance.
Hand luggage (not registered): Carriers may authorize a free baggage allowance, which is defined by the airline and may vary according to the class, route and / or type of aircraft. It is recommended that hand luggage be reduced to the minimum necessary. Check with your carrier. If the journey involves more than one carrier, each airline may apply different rules in relation to baggage (registered and by hand).
SPECIAL BAGGAGE LIMIT FOR TRAVEL IN THE UNITED STATES OF AMERICA
For transportation between US points only, US federal regulations require that the baggage carrier’s liability limit be at least US $ 3,300.00 per passenger, or the amount currently established by 14 CFR 254.5.
CHECK-IN SCHEDULE: The time shown on the itinerary / receipt is the airplane departure time. The departure time of the plane is not the check-in time or the time the passenger has to show up at the boarding gate. The carrier may refuse to board a passenger who is late. The check-in times communicated by your carrier correspond to the maximum limit at which passengers can be accepted to travel; the shipping schedules, as communicated by the carrier, represent the maximum limit on which passengers must present themselves at the boarding gate.
DANGEROUS ARTICLES IN THE BAGGAGE: For safety reasons, dangerous articles should not be included or transported in registered baggage or in (unregistered) carry-on baggage, unless there is a special authorization. Hazardous articles include, but are not limited to, compressed, corrosive, explosive, flammable liquids and solids, radioactive materials, oxidizing materials, toxic and infectious substances, and briefcases and briefcases with installed alarm devices. For other security reasons other restrictions may apply. Check with your carrier.
HAZARDOUS ARTICLES: Do not include in your luggage or transport on board an airplane the items shown below without checking with the carrier.