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AIR TRANSPORT

Help and advice for consumers in Europe

The rights of passengers travelling by air are expressly provided for in Regulation (EC) No. 261/2004 which offers protection in the event of delayed flights, cancellations or refusal to embark and to the Montreal Convention and Regulation (EC) 889/2002 which governs the consequences for damage, loss or delayed delivery of luggage.

Regulation (EC) No. 261/2004 applies to:

  • flight passengers leaving from an airport in the EU and operated by both EU and non-EU airlines;
  • flight passengers arriving in the EU from a non-EU country and managed by an EU airline.

The protection offered by the Regulation does not apply to:

  • passengers arriving from a non-EU country on a flight managed by a non-EU airline
  • passengers travelling gratis or benefiting from a reduced tariff not available to the public.

The Montreal Convention applies to all international transport of persons, luggage, or goods whose place of departure and arrival is situated in the territory of States Member to this Convention.

Specific rules are provided for passengers with disabilities and reduced mobility: Regulation (EC) 1107/2006 lays down the obligation of the carrier to offer free assistance at airports. The passenger shall, however, give notice at least 48 hours before to the company to allow for suitable assistance to be organised.

Other specific provisions govern the consequences of the passenger’s failure to depart for reasons not attributable to the company.

The airline company has the obligation to offer suitable assistance if:

  • for a flight within the EU less than or equal to 1 500 km the delay exceeds 2 hours
  • for a flight within the EU of more than 1 500 km the delay exceeds 3 hours
  • for a flight outside the EU up to 1 500 km, between 1 500 and 3 500 km and more than 3 500km, the delay exceeds, respectively, 2, 3 or 4 hours.
  • In the event that the delay exceeds 5 hours, the passenger may choose between refund of the ticket price or reassignment to an alternative flight.

In the event of a delay exceeding 3 hours, the company is obliged to pay monetary compensation equal to:

  • € 250 for flights under or equal to 1 500 kilometres
  • € 400 for flight of over 1 500 kilometres and less or equal to 3 500 kilometres
  • € 600 for all other flights

In cases of flight cancellation, the airline company is required to offer a choice between rebooking, as soon as possible, on an alternative flight or refund of the ticket within seven days.

If the passenger opts for rebooking, the latter has the right of assistance regarding:

  • meals and beverages correlating to the waiting duration;
  • accommodation in an hotel if this is necessary for one or two nights’ stay;
  • transfer from the airport and back;
  • two free communications (via telephone, fax or e-mail).

If the passenger is notified of the cancellation at least 2 weeks before the anticipated departure, an obligation arises for the company to provide compensation equal to:

  • € 250 for flights less than or equal to 1 500 km;
  • € 400 for flights within the EU of more 1 500 km and all other fights between 1 500 and 3500 km;
  • € 600 for flights greater than 3 500 km.

The compensation may be reduced by 50% if the delay for the time of arrival of the alternative flight to that originally booked is limited.

Please note that the airline company does not have an obligation to pay monetary compensation if:

  • it has notified the passengers of the flight cancellation at least two weeks prior to the date of departure;
  • it has notified the passengers in a period between two weeks and seven days prior to the departure date while offering an alternative flight with a departure time no more than two hours earlier for departure and four hours later for arrival than the original flight;
  • it has notified the passengers less than seven days before, while offering an alternative flight with departure not more than an hour after and arrival not more than 2 hours after the original flight.

A passenger who has presented him/herself, holding a booking and valid documents, may be refused boarding for operational reasons or because of overbooking (number of reservations higher than the actual availability of seats on board).

In these circumstances, the passenger has the right to request refund of the ticket and rebooking on an alternative flight, as well as assistance and compensation equal to:

  • € 250 for flight less than or equal to 1 500 kilometres
  • € 400 for flights longer than 1 500 kilometres and less than or equal to 3 500 kilometres
  • € 600 for all other flights

In the case of lost or damaged luggage, the passenger shall complete a Report for lost or damaged luggage (P.I.R. – Property Irregularity Report) at the Lost and Found Office at the airport.

  • Lost: if luggage is not delivered within 21 days of the completion of the P.I.R. the baggage is deemed lost, and damages may be claimed.
  • Late delivery: if the luggage is delivered within 21 days of the completion of P.I.R, reimbursement may be claimed for any costs incurred to acquire goods of essential necessity (it is therefore important to keep receipts and slips).
  • Damage: it is possible to seek compensation for damage within 7 days of delivery of the luggage.

Claims for reimbursement and damages shall be sent to the Customer Relations Office and/or Luggage Assistance Office of the airline company.

In the event that passenger is unable to depart, irrespective of the tariff category of acquisition, the following costs items shall be reimbursed:

  • additional communal and ministerial fee equal to €4.50 (indicated on the ticket with initials HB)
  • baggage inspection fee for loaded luggage, subjected to X-rays for passenger safety, which varies from airport to airport from a minimum of €1.10 to a maximum of €3.77 (indicated on the ticket with the initials EX)
  • fee for passenger safety and carry-on luggage equal to €1.81 (indicated on the ticket with the initials VT)
  • embarkation fees, the amounts of which vary from a minimum €3.70 to a maximum of €8.26 (indicated on the ticket with the initials FN)
  • VAT on airport tariffs (indicated on the ticket with the initials FN)

CONSULT THE SHEET FOR AIR TRANSPORT CLAIMS FORMS (ALREADY IN ENGLISH)

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