ECC Italy

Centro Europeo Consumatori - Ufficio di Bolzano

Air transport

Flight cancellation, delayed flight and denied boarding

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a) Flight cancellation 

Flight cancellation is regulated by 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 €).

 

b) Flight delay 

Flight delay is regulated by 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.

Moreover, 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. 

 
c) Denied boarding 
 
Denied boarding is regulated by 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).

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