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2) The air company denied me boarding: what compensation can
I claim?
The term “denied boarding” means the refusal from the air company to
carry passengers on a flight that will take off regularly. Generally, it’s due
to the “overbooking”, because the air company made more reservation that the
ones actually available. In this case the Regulation (EC) 261/2004 force the air
company to call for volunteers who are willing to surrender their reservations
in exchange for benefits to be agreed.
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Denied
boarding |
Services that air companies must offer |
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Concerning volunteers willing to surrender their reservations in
exchange for benefits
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Compensation, as agreed between volunteer and air carrier, and,
alternatively:
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reimbursement within seven days 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;
-
re-routing, under comparable transport conditions, to their final
destination at the earliest opportunity;
-
re-routing, under comparable transport conditions, to their final
destination at a later date at the passenger's convenience, subject
to availability of seats;
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the transfer from the actual airport to that for which the booking
was made, if different, or to another close-by destination agreed
with the passenger.
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Concerning passengers which boarding has been denied against their will
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Compensation:
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for all flights of 1500 km or less,
€
250;
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for all intra-Community flights of more than 1500 km, € 400;
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for all other flights between 1500 and 3500 km, € 400;
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for all flights of more than 3500 km, € 600.
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- In case of re-routing, the compensation may be reduced by 50% when
the arrival time doesn’t exceed the scheduled arrival time of the flight
originally booked:
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by two hours, in respect of all flights of 1500 km or less;
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by three hours, in respect of all intra-Community flights of more
than 1500 km;
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by three hours, in respect of all other flights between 1500 and
3500 km;
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by four hours, in respect of all flights of more than 3500 km.
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Alternatively:
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reimbursement within seven days 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;
-
re-routing, under comparable transport conditions, to their final
destination at the earliest opportunity;
-
re-routing, under comparable transport conditions, to their final
destination at a later date at the passenger's convenience, subject
to availability of seats;
-
the transfer from the actual airport to that for which the booking
was made, if different, or to another close-by destination agreed
with the passenger.
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Additional services:
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meals and refreshments in a reasonable relation to the waiting time;
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two telephone calls, telex or fax messages, or e-mails.
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See our sample letters in order to lodge a formal
complaint to the air company
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