ECC Italy

Sample letter

Flight cancellation

The following sample letter should be used in the case of flight cancellation, in order to claim for compensation according to Regulation 261/2004/EC establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

When the cancellation is not due to extraordinary circumstances, passengers have the right to be either rerouted on an alternative flight or reimbursed of the cost of the original ticket, apart from receiving proper assistance when at the airport, as foreseen by law (meals, refreshments, telephone calls and - if necessary - hotel accommodation and transport from/to the airport). Moreover, passengers have also the right to receive compensation, which amount is closely related to the distance covered by the flight (from 250 € up to 600 €).

Should the cancelled flight being part of a package travel, claimants must address their complaint both to the air carrier and to the travel agency (or the tour operator). 

Please remember that, usually, the air company reimburses firstly tangible damages, if supplied with the related receipts, such as the cost of the unused ticket and the expenses for meals and travel in consequence of the ill service (e.g. car hire, bus, taxi). Anyway, apart from these reimbursements, passengers are allowed to claim for compensation because of ruined holiday, even if, at the moment, it is very difficult to obtain this type of compensation without taking legal proceedings. 
 

 

Flight delay

The following sample letter can be used in the case of flight delay, in order to claim for compensation according to Regulation 261/2004/EC establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

In the case of extended flight delay (two hours or more in the case of flights up to 1500 kilometres; 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; four hours or more in the case of all the remaining flights), when at the airport passengers have the right to receive the proper assistance foreseen by law (meals, refreshments, telephone calls and - if necessary - hotel accommodation and transport from/to the airport). Moreover, when the flight is more than 5 hour delayed, passengers are also entitled to receive the reimbursement of the ticket bought if they no longer want to use it.

Please note that, on the basis of the recent judgement of the European Court of Justice of 19 November 2009 (joined cases C-402/07 and C-432/07) passengers whose flights were more than 3 hours delayed are entitled to ask for compensation according to art. 7 of the Regulation 261/2004/EC, being actually considered as passengers whose flights were cancelled. Please remember also that, usually, the air company reimburses firstly tangible damages, if supplied with the related receipts, such as the cost of the unused ticket as well as any other expenses related to the lack of assistance.

Sample letter - Fligh delay

 
 

Denied boarding

The following sample letter can be used in the case of denied boarding, in order to claim for compensation according to Regulation 261/2004/EC establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

In the case of denied boarding, passengers have the right to be either rerouted on an alternative flight or reimbursed of the cost of the original ticket, apart from receiving proper assistance when at the airport, as foreseen by law (meals, refreshments, telephone calls and - if necessary - hotel accommodation and transport from/to the airport). Moreover, passengers have also the right to receive compensation, which amount is closely related to the distance covered by the flight (from € 250 up to € 600).

Should the cancelled flight being part of a package travel, claimants must address their complaint both to the air carrier and to the travel agency (or the tour operator). 

Please remember that, usually, the air company reimburses firstly tangible damages, if supplied with the related receipts, such as the cost of the unused ticket and the expenses for meals and travel in consequence of the ill service (e.g. car hire, bus, taxi). Anyway, apart from these reimbursements, passengers are allowed to claim for compensation because of ruined holiday, even if, at the moment, it is very difficult to obtain this type of compensation without taking legal proceedings. 

Sample letter - Denied boarding 

 
 

Damaged baggage

The event of damaged baggage is regulated by both the Montreal Convention of 1999 and the Regulation 889/2002/EC, which adapted at a European level what established at the international one.

According to article no. 22 of the Montreal Convention, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1.000 SDR (Special Drawing Rights) for each passenger, which approximately correspond to 1.100 €.

Passengers who feel they deserve a higher compensation for the damage suffered, are entitled to take the necessary proceedings before the competent courts. However, please remember that, usually, the air company reimburses firstly tangible damages, if properly supplied with the related receipts (e.g. in order to repair the baggage or to buy a new one).

Claimants must send their complaint to the air company within 7 days following the day on which the baggage was delivered.

All the relevant documents (PIR, flight tickets, baggage tags, receipts of necessary expenses) should be sent in copy, keeping the original version. 
 
 
 

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