General information

Regulation (EC) No 261/2004 shall apply to:

– passengers departing from an airport located in the territory of a Member State of the EU,
– passengers departing from an airport located in a third country (i.e. non-EU Member State) to an airport situated in the territory of a Member State,

on the condition that passengers have a confirmed reservation on the flight concerned and, except in the case of cancellation, present themselves for check-in as stipulated in advance by the air carrier, or, if no time is indicated, not later than 45 minutes before the published departure time.

Regulation (EC) No 261/2004 lays down passengers rights in a case of:

– denied boarding against their will,
– cancellation of their flight,
– delay of their flight.

Regulation (EC) No 261/2004 shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.

DENIED BOARDING

When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will.

Operating air carriers shall give priority to carrying persons with reduced mobility and any persons accompanying them.

If boarding is denied to passengers against their will, the passengers concerned have the right:

– for reimbursement within seven days of the full cost of the ticket, together with, when relevant, a return flight to the first point of departure, or re-routing (alternative flight) to their final destination;
– to care (refreshments, meals, hotel accommodation, transport between the airport and the hotel, two telephone calls, telex or fax messages, or e-mails free of charge);
– to receive compensation amounting to:

• EUR 250 EUR for flights of 1500 kilometres or less;
• EUR 400 EUR for all intra-EU flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
• EUR 600 EUR for all other flights.

DELAY

In the event of long delays (i.e. delays longer than two hours or more in the case of flights of 1500 kilometres or less; three hours or more in the case of all intra-EU flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or four hours or more in the case of all other flights), passengers have the right to care in the form of refreshments and meals and two telephone calls free of charge (or two telex, fax messages or e-mails).

When the time of departure is postponed to next day due to the delay, passengers have the right for hotel accommodation and transport between the airport and the hotel.

In case of any delay longer than five hours, passengers may decide that the flight has lost meaning for them. Then they have the right for reimbursement within seven days of the full cost of the ticket, together with, when relevant, a return flight to the first point of departure.

FLIGHT CANCELLATION

When a flight is cancelled, passengers have the right:

– to care in form of the choice between:

a) reimbursement within seven days of the full cost of the ticket at the price at which it was bought, together with, when relevant, a return flight to the first point of departure; or
b) re-routing (alternative flight) to their final destination,

– for provision of meals and refreshments, two telephone calls free of charge (or two telex, fax messages or e-mails); when the time of departure of the alternative flight (re-routing) is at least the day after the departure as it was planned for the cancelled flight, passengers have the right for hotel accommodation and transport between the airport and the hotel.

Passengers have also the right to receive compensation for cancelled flights, unless:

a) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
b) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
c) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival; or
d) an operating air carrier proves that the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

The amount of compensation depends on the length of flight:

• EUR 250 EUR for flights of 1500 kilometres or less;
• EUR 400 EUR for all intra-EU flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
• EUR 600 EUR for all other flights.

The above mentioned compensation may be reduced up to 50 % depending on re-routing provided to the passenger.

DOWNGRADING

If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days reimburse:

• 30 % of the price of the ticket for all flights of 1500 kilometres or less,
• 50 % of the price of the ticket for all intra-Community flights of more than 1500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1500 and 3500 kilometres,
• 75 % of the price of the ticket for all other flights, including flights between the European territory of the Member States and the French overseas departments.

If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.