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ECC Italy

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

 
 
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