european consumer centre italy
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00161  Roma - ITALIA
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email: info@ecc-netitalia.it

 

 Passengers’ rights

Just few people can assert on holidays they never suffered troubles such as long queue, overbooking, cancellations or flight delays. The rise in air traffic and in low cost flights contributed to increase these troubles and inefficiencies.

Air companies have to inform passengers on their rights and how to claim in case of overbooking, cancellations and flight delays, lost/delayed luggage. The European legislation and the international agreements introduced some detailed laws getting more and more rigorous which even provide for economic sanctions for companies. 

Are you sure you know your rights as passengers?

 

What will you do in the case of:

 

  • Lost / delayed / damaged luggage

  • Flight cancellation

  • Overbooking

 

Lost or delayed of luggage

If your luggage fails to arrive at its destination you have to report it to the luggage service at the airport and fill in a complaint form “PIR” – Property Irregularity Report. If the luggage is found, the company must deliver it to the address mentioned without charging you any fee. In case of extra expenses (i.e. you were obliged to buy clothes, necessaries, etc. … because of this delay) you are entitled to receive a compensation. Thus, remember to keep receipts and invoices proving all these expenses. Your request for compensation must be sent to the airline within 21 days from the date the luggage was supposed to have arrived. Under the Montreal Convention passengers can demand a compensation up to 1.000 SDR (Special Drawing Rights).

 

Damaged  luggage

Any damages to your luggage must be reported to the service desk by filling in the complaint form “PIR” – Property Irregularity Report. Furthermore, a written complaint must be made within 7 days from the receipt of the luggage. Even in this case the compensation foreseen is up to 1000 SDR

 

Flight cancellation

In case of flight cancellation the air carrier must  offer you a choice between the refund of ticket or the re-routing to your final destination. Furthermore, you are entitled to receive free meals and refreshments and  two free phone calls.

If the available flight is the next day the air carrier must offer you a free accommodation in addition to the transfer to and from that accommodation.

Remember: Passengers are not entitled to financial compensation if the cancellation was due to bad weather, political unrest, a security threat, unexpected flight risk or strikes.

The airline must provide the same level of assistance as in the case of delays of more than 5 hours, but they are also required to give you a choice between a refund of your ticket within 7 days for the one or several parts of the journey which were not made, or for the tickets which you could not use based on the initial travel itinerary. Alternatively, they must re-route you to your departure airport as soon as possible or re-route you towards your final destination in comparable conditions of transport, and as soon as possible, or at a later date – according to your convenience.

The compensation provided for these damges is the folllowing:

- EUR 250 for flights of less than 1,500km

- EUR 400 for flights of between 1,500 and 3,500km within the EU

- EUR 600 for all other flights

 

Overbooking

In case of overbooking the airline  must look for some volunteer passengers willing to offer their seats to other passengers. If volunteers come forward they are entitled to financial compensation for not boarding. The volunteers must choose between an alternative flight or a full refund of their unused ticket. If case of no volunteers, passengers not boarded must receive a compensation for the damages suffered. Thus, they are entitled to receive:

o                          €250 for flights of 1,500km or less

o                          €400 for intra-community flights of more than 1,500km or for other flights between 1,500km and 3,500km

o                          €600 for all other flights

o                          and an alternative flight or refund of the ticket and overnight accommodation

See our sample letters in order to lodge a formal complaint to the air company

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