Airways rights in the countries of the European Union
The regulations of the European Parliament and EU Council No. 261/2004 was adopted on February 11, 2004 in Strasbourg. He established general rules for compensation and assistance to passengers in case of deregistration, cancellation or long-lasting flight delay. This Regulation entered into force on February 17, 2005.
The rules stipulated by the Rules apply to passengers:
– departing from the airports of the EU member states,
– from airports of other countries from the airports of EU member states from the airports of the EU member states, and the airline of the EU member state is carried out.
Thus, new rules apply not only to passengers departing from the airports of the European Union countries, but also on passengers who fly out on the aircraft aircraft of the European Union from the country that is not a member of the European Union (for example, from Russia), to the country, which is Member of the European Union (for example, in the Czech Republic).
In case of removal from the flight (refusal to land on the flight, contrary to the will of the passenger), the passenger has the right to receive compensation and assistance. Under the failure of transportation, the Regulation understands the carrier failure to register the passenger on the flight or move the passenger to another flight, despite the fact that the passenger arrived for registration at the appointed time and has a ticket either armor for this flight.
In case of cancellation, passenger:
– Assistance from the air carrier must be proposed,
– Payment by air carrier compensation is made, except for the case when the passenger reported cancellation no later than 2 weeks, or reported less than 7-14 days, and provided the opportunity to fly to another convenient flight.
The carrier is obliged to provide passengers with assistance in the case when the carrier believes that the departure delay will take place on:
– 2 h and more – With flight range up to 1500 km,
– 3 hours and more – With flight range inside the EU more than 1,500 km, or with any flight outside the EU range 1500-3500 km,
– 4 h and more – with any other flights.
In case the delay is at least 5 hours, the passenger has the right to choose between the return cost of the ticket within 7 days along with the delivery in the initial point of shipment; or sending to another flight to the destination on the same conditions as the expected flight.
The amount of compensation to which passengers have the right to remove from the flight and or its cancellation is:
– 250 Euro – All flights range up to 1500 km,
– 400 Euro – All flights inside the EU range of more than 1,500 km, and Flights outside the EU range 1500-3500 km,
– 600 Euro – All other flights.
Compensation must be paid in cash, check or (with the consent of the passenger) in the form of a voucher.
Assistance from the carrier to which passengers have the right is to provide them with free nutrition and beverages during waiting; accommodation in the hotel in the case when you need to stay for 1 night or more; provision of transport between airport and hotel. In addition, they are required to provide 2 free telephone calls, fax and t.D.
If the air carrier sends a passenger in a higher class than provided its initial ticket, he is not entitled to demand the difference in price.
If the air carrier provides a low-class ticket, then it is to compensate to the passenger difference in price (from 30 to 75% of the cost of tickets depending on flight range).
The regulation also establishes the obligation of the air carrier to place the following notification for passengers in the registration item: «If you are denied landing, or if your flight has been canceled or detained at least 2 hours, ask in the registration point or when sending written information about your rights relating to compensation and assistance».
The air carrier, in case of refusal to land (withdrawal from the flight), cancellation of the flight or its delay, no less than 2 h, is obliged to provide each passenger a written notice indicating the rules of compensation and assistance provided for by the Rules. There must also be the contact details of the body responsible for the use of this Regulation. Such an authority was created in each EU member state.
Be sure to print the regulations of the European Parliament and EU Council No. 261/2004 and have it with you upon traveling to the EU.
Passengers of airline discounters (Ryanair, Wizzair and T. D.) have the right to demand compensation under the same conditions as passengers of conventional (traditional) carriers, but in practice it is often faced with refusal to compensate.
Regulation (EC) NO 261/2004
EUROPEAN PARLIAMENT AND COUNCIL
Regulation Establishing Common Rules On Compensation and Assistance to Passengers in The Event of Denied Boarding and Of Cancellation or Long Delay of Flights