ECC Italy

Sample letter

Unsolicited goods or services

Pursuant to art. 66 quinquies of the Italian Consumer’s Code, in the event of unsolicited supply of goods, water, gas, electricity, district heating or digital content or unsolicited provision of services, the consumer has no any obligation to pay for. In such cases, the lack of a response from the consumer following such an unsolicited supply or provision shall not constitute consent nor conclusion of a contract.

In addition, whether the consumer ordered a certain good or service, the seller doesn’t fulfill supplying good/service different from the order, even if of equivalent or higher value and quality. The consumer has the right to obtain the good or service he has ordered and can’t be asked for the payment of the price, even if the quality or the quantity of thew good/service is higher.

 
 

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 

 
 

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