Air Transport

Nowadays it is very easy to travel by purchasing air tickets via internet at very low prices. However, it is very important that we all know our rights in order to protect ourselves and to be able to ask for the due refund in case an ill service occurs (for example, it is important to know which person we should  address to in case a flight is cancelled or in case the luggage is not delivered).

There are two main rules governing air transport at EU level: the Montreal Convention related to luggage loss, delayed delivery or damages occurred to the boarded luggage (which is the luggage that, after the check-in, is boarded on the plane and that the air carried gives back to the consumer at the arrival place) and Regulation 261/2004, governing flight cancellation, denied boarding and delayed flight. According to these rules, air passengers are protected  in case they purchase a ticket from an air company belonging to a EU or non EU country complying with the Montreal Convention  or, as for  Regulation 261/2006, in case they purchase an air ticket for a flight within EU or extra EU, or flying from or to a EU country, if the flight is operated by an air carrier belonging to a EU country.

In case of delayed flight, flight cancellation or overbooking  (a denied boarding which takes place when more tickets than the actual available seats are sold), the air carrier has to promptly inform air passengers, by explaining all their rights  in that specific situation, assist them and “reroute” them on other flights (by offering an alternative flight) as well as to refund them, according to the Air Passengers’ Rights Charter. In particular, a “denied boarding” takes place when the air company refuses to board some passengers although they have reached the gate on time, without any reasonable reason such as safety or health risks or in case of wrong travel documents. In these cases, the air company is required to carry out a roll-call to find the so called “volunteers” willing to give up to the reservation in exchange for some “benefits” that should be agreed upon with the air company.  A “flight cancellation” takes place when we cannot take a flight although we have paid for it and we have a seat reserved on it, due to the fact that the flight is cancelled.

A “delayed flight” is when a flight leaves two, three or four hours later than expected, depending on the distance or in case it leaves five hours later.

Passengers are always entitled to receive assistance during their waiting in the airport, in case the flight is delayed, being provided with food, beverages, hotel accommodation, if necessary, possibility to communicate via telephone, fax or mail. In case the baggage is lost or damaged, the passenger is entitled (according to an international convention) to the refund of first necessity goods, which need to be supported by the related invoices, as well as of the luggage content in a flat rate way. It is important to assert your rights in all these cases and lodge a claim in case they are violated, keeping in mind that the “low cost” flights are required to respect the same rules as for passengers’ rights protection and these rules are applied even in case of package holidays.