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Air travellers rights in Europe in relation to denial of boarding
and loss or damage to baggage
Effective 2005.02.17
Summary:
Up to EUR 1,000 compensation for loss, delay or destruction of
baggage
Between EUR 250 and EUR 600 for denial of boarding due to
overbooking.
Meals and Alternative flights:
In addition, the airline must offer passengers the choice of a ticket
refund or a flight back to their original point of departure if the
journey is no longer worthwhile.
The airline may also offer passengers an alternative flight to
continue their journey and meals, refreshments and accommodation must be
provided if an overnight stay is required.
If a flight is delayed by between two and four hours - depending on
the length of the flight - the airline must provide meals and
refreshments, and accommodation where an overnight stay is requested.
In the case of flight delays in excess of five hours, passengers are
entitled to a full refund of the ticket price paid.
Compensation is also payable in the event of cancellation of a
flight, unless two weeks notice is given or a suitable alternative
flight is provided.
The directive in detail:
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 80(2) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social
Committee(2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the
Treaty(3), in the light of the joint text approved by the Conciliation
Committee on 1 December 2003,
Whereas:
(1) Action by the Community in the field of air transport should aim,
among other things, at ensuring a high level of protection for
passengers. Moreover, full account should be taken of the requirements
of consumer protection in general.
(2) Denied boarding and cancellation or long delay of flights cause
serious trouble and inconvenience to passengers.
(3) While Council Regulation (EEC) No 295/91 of 4 February 1991
establishing common rules for a denied boarding compensation system in
scheduled air transport(4) created basic protection for passengers, the
number of passengers denied boarding against their will remains too
high, as does that affected by cancellations without prior warning and
that affected by long delays.
(4) The Community should therefore raise the standards of protection set
by that Regulation both to strengthen the rights of passengers and to
ensure that air carriers operate under harmonised conditions in a
liberalised market.
(5) Since the distinction between scheduled and non-scheduled air
services is weakening, such protection should apply to passengers not
only on scheduled but also on non-scheduled flights, including those
forming part of package tours.
(6) The protection accorded to passengers departing from an airport
located in a Member State should be extended to those leaving an airport
located in a third country for one situated in a Member State, when a
Community carrier operates the flight.
(7) In order to ensure the effective application of this Regulation, the
obligations that it creates should rest with the operating air carrier
who performs or intends to perform a flight, whether with owned
aircraft, under dry or wet lease, or on any other basis.
(8) This Regulation should not restrict the rights of the operating air
carrier to seek compensation from any person, including third parties,
in accordance with the law applicable.
(9) The number of passengers denied boarding against their will should
be reduced by requiring air carriers to call for volunteers to surrender
their reservations, in exchange for benefits, instead of denying
passengers boarding, and by fully compensating those finally denied
boarding.
(10) Passengers denied boarding against their will should be able either
to cancel their flights, with reimbursement of their tickets, or to
continue them under satisfactory conditions, and should be adequately
cared for while awaiting a later flight.
(11) Volunteers should also be able to cancel their flights, with
reimbursement of their tickets, or continue them under satisfactory
conditions, since they face difficulties of travel similar to those
experienced by passengers denied boarding against their will.
(12) The trouble and inconvenience to passengers caused by cancellation
of flights should also be reduced. This should be achieved by inducing
carriers to inform passengers of cancellations before the scheduled time
of departure and in addition to offer them reasonable re-routing, so
that the passengers can make other arrangements. Air carriers should
compensate passengers if they fail to do this, except when the
cancellation occurs in extraordinary circumstances which could not have
been avoided even if all reasonable measures had been taken.
(13) Passengers whose flights are cancelled should be able either to
obtain reimbursement of their tickets or to obtain re-routing under
satisfactory conditions, and should be adequately cared for while
awaiting a later flight.
(14) As under the Montreal Convention, obligations on operating air
carriers should be limited or excluded in cases where an event has been
caused by extraordinary circumstances which could not have been avoided
even if all reasonable measures had been taken. Such circumstances may,
in particular, occur in cases of political instability, meteorological
conditions incompatible with the operation of the flight concerned,
security risks, unexpected flight safety shortcomings and strikes that
affect the operation of an operating air carrier.
(15) Extraordinary circumstances should be deemed to exist where the
impact of an air traffic management decision in relation to a particular
aircraft on a particular day gives rise to a long delay, an overnight
delay, or the cancellation of one or more flights by that aircraft, even
though all reasonable measures had been taken by the air carrier
concerned to avoid the delays or cancellations.
(16) In cases where a package tour is cancelled for reasons other than
the flight being cancelled, this Regulation should not apply.
(17) Passengers whose flights are delayed for a specified time should be
adequately cared for and should be able to cancel their flights with
reimbursement of their tickets or to continue them under satisfactory
conditions.
(18) Care for passengers awaiting an alternative or a delayed flight may
be limited or declined if the provision of the care would itself cause
further delay.
(19) Operating air carriers should meet the special needs of persons
with reduced mobility and any persons accompanying them.
(20) Passengers should be fully informed of their rights in the event of
denied boarding and of cancellation or long delay of flights, so that
they can effectively exercise their rights.
(21) Member States should lay down rules on sanctions applicable to
infringements of the provisions of this Regulation and ensure that these
sanctions are applied. The sanctions should be effective, proportionate
and dissuasive.
(22) Member States should ensure and supervise general compliance by
their air carriers with this Regulation and designate an appropriate
body to carry out such enforcement tasks. The supervision should not
affect the rights of passengers and air carriers to seek legal redress
from courts under procedures of national law.
(23) The Commission should analyse the application of this Regulation
and should assess in particular the opportunity of extending its scope
to all passengers having a contract with a tour operator or with a
Community carrier, when departing from a third country airport to an
airport in a Member State.
(24) Arrangements for greater cooperation over the use of Gibraltar
airport were agreed in London on 2 December 1987 by the Kingdom of Spain
and the United Kingdom in a joint declaration by the Ministers of
Foreign Affairs of the two countries. Such arrangements have yet to
enter into operation.
(25) Regulation (EEC) No 295/91 should accordingly be repealed,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject
1. This Regulation establishes, under the conditions specified herein,
minimum rights for passengers when:
(a) they are denied boarding against their will;
(b) their flight is cancelled;
(c) their flight is delayed.
2. Application of this Regulation to Gibraltar airport is understood to
be without prejudice to the respective legal positions of the Kingdom of
Spain and the United Kingdom with regard to the dispute over sovereignty
over the territory in which the airport is situated.
3. Application of this Regulation to Gibraltar airport shall be
suspended until the arrangements in the Joint Declaration made by the
Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2
December 1987 enter into operation. The Governments of Spain and the
United Kingdom will inform the Council of such date of entry into
operation.
Article 2
Definitions
For the purposes of this Regulation:
(a) "air carrier" means an air transport undertaking with a valid
operating licence;
(b) "operating air carrier" means an air carrier that performs or
intends to perform a flight under a contract with a passenger or on
behalf of another person, legal or natural, having a contract with that
passenger;
(c) "Community carrier" means an air carrier with a valid operating
licence granted by a Member State in accordance with the provisions of
Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air
carriers(5);
(d) "tour operator" means, with the exception of an air carrier, an
organiser within the meaning of Article 2, point 2, of Council Directive
90/314/EEC of 13 June 1990 on package travel, package holidays and
package tours(6);
(e) "package" means those services defined in Article 2, point 1, of
Directive 90/314/EEC;
(f) "ticket" means a valid document giving entitlement to transport, or
something equivalent in paperless form, including electronic form,
issued or authorised by the air carrier or its authorised agent;
(g) "reservation" means the fact that the passenger has a ticket, or
other proof, which indicates that the reservation has been accepted and
registered by the air carrier or tour operator;
(h) "final destination" means the destination on the ticket presented at
the check-in counter or, in the case of directly connecting flights, the
destination of the last flight; alternative connecting flights available
shall not be taken into account if the original planned arrival time is
respected;
(i) "person with reduced mobility" means any person whose mobility is
reduced when using transport because of any physical disability (sensory
or locomotory, permanent or temporary), intellectual impairment, age or
any other cause of disability, and whose situation needs special
attention and adaptation to the person's needs of the services made
available to all passengers;
(j) "denied boarding" means a refusal to carry passengers on a flight,
although they have presented themselves for boarding under the
conditions laid down in Article 3(2), except where there are reasonable
grounds to deny them boarding, such as reasons of health, safety or
security, or inadequate travel documentation;
(k) "volunteer" means a person who has presented himself for boarding
under the conditions laid down in Article 3(2) and responds positively
to the air carrier's call for passengers prepared to surrender their
reservation in exchange for benefits.
(l) "cancellation" means the non-operation of a flight which was
previously planned and on which at least one place was reserved.
Article 3
Scope
1. This Regulation shall apply:
(a) to passengers departing from an airport located in the territory of
a Member State to which the Treaty applies;
(b) to passengers departing from an airport located in a third country
to an airport situated in the territory of a Member State to which the
Treaty applies, unless they received benefits or compensation and were
given assistance in that third country, if the operating air carrier of
the flight concerned is a Community carrier.
2. Paragraph 1 shall apply on the condition that passengers:
(a) have a confirmed reservation on the flight concerned and, except in
the case of cancellation referred to in Article 5, present themselves
for check-in,
- as stipulated and at the time indicated in advance and in writing
(including by electronic means) by the air carrier, the tour operator or
an authorised travel agent,
or, if no time is indicated,
- not later than 45 minutes before the published departure time; or
(b) have been transferred by an air carrier or tour operator from the
flight for which they held a reservation to another flight, irrespective
of the reason.
3. This Regulation shall not apply to passengers travelling free of
charge or at a reduced fare not available directly or indirectly to the
public. However, it shall apply to passengers having tickets issued
under a frequent flyer programme or other commercial programme by an air
carrier or tour operator.
4. This Regulation shall only apply to passengers transported by
motorised fixed wing aircraft.
5. This Regulation shall apply to any operating air carrier providing
transport to passengers covered by paragraphs 1 and 2. Where an
operating air carrier which has no contract with the passenger performs
obligations under this Regulation, it shall be regarded as doing so on
behalf of the person having a contract with that passenger.
6. This Regulation shall not affect the rights of passengers under
Directive 90/314/EEC. This Regulation shall not apply in cases where a
package tour is cancelled for reasons other than cancellation of the
flight.
Article 4
Denied boarding
1. When an operating air carrier reasonably expects to deny boarding on
a flight, it shall first call for volunteers to surrender their
reservations in exchange for benefits under conditions to be agreed
between the passenger concerned and the operating air carrier.
Volunteers shall be assisted in accordance with Article 8, such
assistance being additional to the benefits mentioned in this paragraph.
2. If an insufficient number of volunteers comes forward to allow the
remaining passengers with reservations to board the flight, the
operating air carrier may then deny boarding to passengers against their
will.
3. If boarding is denied to passengers against their will, the operating
air carrier shall immediately compensate them in accordance with Article
7 and assist them in accordance with Articles 8 and 9.
Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance
with Article 8; and
(b) be offered assistance by the operating air carrier in accordance
with Article 9(1)(a) and 9(2), as well as, in event of re-routing when
the reasonably expected time of departure of the new flight is at least
the day after the departure as it was planned for the cancelled flight,
the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in
accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the
scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven
days before the scheduled time of departure and are offered re-routing,
allowing them to depart no more than two hours before the scheduled time
of departure and to reach their final destination less than four hours
after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before
the scheduled time of departure and are offered re-routing, allowing
them to depart no more than one hour before the scheduled time of
departure and to reach their final destination less than two hours after
the scheduled time of arrival.
2. When passengers are informed of the cancellation, an explanation
shall be given concerning possible alternative transport.
3. An operating air carrier shall not be obliged to pay compensation in
accordance with Article 7, if it can prove that the cancellation is
caused by extraordinary circumstances which could not have been avoided
even if all reasonable measures had been taken.
4. The burden of proof concerning the questions as to whether and when
the passenger has been informed of the cancellation of the flight shall
rest with the operating air carrier.
Article 6
Delay
1. When an operating air carrier reasonably expects a flight to be
delayed beyond its scheduled time of departure:
(a) for two hours or more in the case of flights of 1500 kilometres or
less; or
(b) for three hours or more in the case of all intra-Community flights
of more than 1500 kilometres and of all other flights between 1500 and
3500 kilometres; or
(c) for four hours or more in the case of all flights not falling under
(a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least the day
after the time of departure previously announced, the assistance
specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance specified in
Article 8(1)(a).
2. In any event, the assistance shall be offered within the time limits
set out above with respect to each distance bracket.
Article 7
Right to compensation
1. Where reference is made to this Article, passengers shall receive
compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500
kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at
which the denial of boarding or cancellation will delay the passenger's
arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on
an alternative flight pursuant to Article 8, the arrival time of which
does not exceed the scheduled arrival time of the flight originally
booked
(a) by two hours, in respect of all flights of 1500 kilometres or less;
or
(b) by three hours, in respect of all intra-Community flights of more
than 1500 kilometres and for all other flights between 1500 and 3500
kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or
(b),
the operating air carrier may reduce the compensation provided for in
paragraph 1 by 50 %.
3. The compensation referred to in paragraph 1 shall be paid in cash, by
electronic bank transfer, bank orders or bank cheques or, with the
signed agreement of the passenger, in travel vouchers and/or other
services.
4. The distances given in paragraphs 1 and 2 shall be measured by the
great circle route method.
Article 8
Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall be offered
the choice between:
(a) - reimbursement within seven days, by the means provided for in
Article 7(3), of the full cost of the ticket at the price at which it
was bought, for the part or parts of the journey not made, and for the
part or parts already made if the flight is no longer serving any
purpose in relation to the passenger's original travel plan, together
with, when relevant,
- a return flight to the first point of departure, at the earliest
opportunity;
(b) re-routing, under comparable transport conditions, to their final
destination at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their final
destination at a later date at the passenger's convenience, subject to
availability of seats.
2. Paragraph 1(a) shall also apply to passengers whose flights form part
of a package, except for the right to reimbursement where such right
arises under Directive 90/314/EEC.
3. When, in the case where a town, city or region is served by several
airports, an operating air carrier offers a passenger a flight to an
airport alternative to that for which the booking was made, the
operating air carrier shall bear the cost of transferring the passenger
from that alternative airport either to that for which the booking was
made, or to another close-by destination agreed with the passenger.
Article 9
Right to care
1. Where reference is made to this Article, passengers shall be offered
free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time;
(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes
necessary;
(c) transport between the airport and place of accommodation (hotel or
other).
2. In addition, passengers shall be offered free of charge two telephone
calls, telex or fax messages, or e-mails.
3. In applying this Article, the operating air carrier shall pay
particular attention to the needs of persons with reduced mobility and
any persons accompanying them, as well as to the needs of unaccompanied
children.
Article 10
Upgrading and downgrading
1. If an operating air carrier places a passenger in a class higher than
that for which the ticket was purchased, it may not request any
supplementary payment.
2. If an operating air carrier places a passenger in a class lower than
that for which the ticket was purchased, it shall within seven days, by
the means provided for in Article 7(3), reimburse
(a) 30 % of the price of the ticket for all flights of 1500 kilometres
or less, or
(b) 50 % of the price of the ticket for all intra-Community flights of
more than 1500 kilometres, except flights between the European territory
of the Member States and the French overseas departments, and for all
other flights between 1500 and 3500 kilometres, or
(c) 75 % of the price of the ticket for all flights not falling under
(a) or (b), including flights between the European territory of the
Member States and the French overseas departments.
Article 11
Persons with reduced mobility or special needs
1. Operating air carriers shall give priority to carrying persons with
reduced mobility and any persons or certified service dogs accompanying
them, as well as unaccompanied children.
2. In cases of denied boarding, cancellation and delays of any length,
persons with reduced mobility and any persons accompanying them, as well
as unaccompanied children, shall have the right to care in accordance
with Article 9 as soon as possible.
Article 12
Further compensation
1. This Regulation shall apply without prejudice to a passenger's rights
to further compensation. The compensation granted under this Regulation
may be deducted from such compensation.
2. Without prejudice to relevant principles and rules of national law,
including case-law, paragraph 1 shall not apply to passengers who have
voluntarily surrendered a reservation under Article 4(1).
Article 13
Right of redress
In cases where an operating air carrier pays compensation or meets the
other obligations incumbent on it under this Regulation, no provision of
this Regulation may be interpreted as restricting its right to seek
compensation from any person, including third parties, in accordance
with the law applicable. In particular, this Regulation shall in no way
restrict the operating air carrier's right to seek reimbursement from a
tour operator or another person with whom the operating air carrier has
a contract. Similarly, no provision of this Regulation may be
interpreted as restricting the right of a tour operator or a third
party, other than a passenger, with whom an operating air carrier has a
contract, to seek reimbursement or compensation from the operating air
carrier in accordance with applicable relevant laws.
Article 14
Obligation to inform passengers of their rights
1. The operating air carrier shall ensure that at check-in a clearly
legible notice containing the following text is displayed in a manner
clearly visible to passengers: "If you are denied boarding or if your
flight is cancelled or delayed for at least two hours, ask at the
check-in counter or boarding gate for the text stating your rights,
particularly with regard to compensation and assistance".
2. An operating air carrier denying boarding or cancelling a flight
shall provide each passenger affected with a written notice setting out
the rules for compensation and assistance in line with this Regulation.
It shall also provide each passenger affected by a delay of at least two
hours with an equivalent notice. The contact details of the national
designated body referred to in Article 16 shall also be given to the
passenger in written form.
3. In respect of blind and visually impaired persons, the provisions of
this Article shall be applied using appropriate alternative means.
Article 15
Exclusion of waiver
1. Obligations vis-à-vis passengers pursuant to this Regulation may not
be limited or waived, notably by a derogation or restrictive clause in
the contract of carriage.
2. If, nevertheless, such a derogation or restrictive clause is applied
in respect of a passenger, or if the passenger is not correctly informed
of his rights and for that reason has accepted compensation which is
inferior to that provided for in this Regulation, the passenger shall
still be entitled to take the necessary proceedings before the competent
courts or bodies in order to obtain additional compensation.
Article 16
Infringements
1. Each Member State shall designate a body responsible for the
enforcement of this Regulation as regards flights from airports situated
on its territory and flights from a third country to such airports.
Where appropriate, this body shall take the measures necessary to ensure
that the rights of passengers are respected. The Member States shall
inform the Commission of the body that has been designated in accordance
with this paragraph.
2. Without prejudice to Article 12, each passenger may complain to any
body designated under paragraph 1, or to any other competent body
designated by a Member State, about an alleged infringement of this
Regulation at any airport situated on the territory of a Member State or
concerning any flight from a third country to an airport situated on
that territory.
3. The sanctions laid down by Member States for infringements of this
Regulation shall be effective, proportionate and dissuasive.
Article 17
Report
The Commission shall report to the European Parliament and the Council
by 1 January 2007 on the operation and the results of this Regulation,
in particular regarding:
- the incidence of denied boarding and of cancellation of flights,
- the possible extension of the scope of this Regulation to passengers
having a contract with a Community carrier or holding a flight
reservation which forms part of a "package tour" to which Directive
90/314/EEC applies and who depart from a third-country airport to an
airport in a Member State, on flights not operated by Community air
carriers,
- the possible revision of the amounts of compensation referred to in
Article 7(1).
The report shall be accompanied where necessary by legislative
proposals.
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