Passengers’ Rights
The rights of air passengers in the EU in case of denied boarding, delay, or cancellation of flights.
The role of this regulation:
The role of this regulation is to ensure a high level of passenger protection by establishing common rules regarding compensation and assistance provided to passengers in the event of denied boarding and in cases of cancellation or prolonged delay of flights.
Key aspects
This regulation applies to:
- passengers departing from an airport located in a EU country where EU treaties apply; and
- passengers departing from an airport located in a country outside the EU to an airport located in a EU country where EU treaties apply, if the operating air carrier of the flight is an EU carrier,
provided that passengers have a confirmed reservation for the respective flight and, except in cases of cancellation, they check in at the time indicated in advance, at least 45 minutes before the published departure time.
The regulation acknowledges the conditions under which passengers can exercise their rights when:
- they are denied boarding against their will;
- the flight is delayed;
- the flight is canceled.
The regulation does not apply to passengers traveling:
- free of charge; or
- at a reduced fare which is not available directly or indirectly to the public.
Denied boarding
In case an airline anticipates possible denied boarding, it must first call for volunteers willing to give up their reservations in exchange for compensation. If the number of volunteers is insufficient to allow the boarding of other passengers with reservations, the airline may deny boarding to passengers against their will, providing them with compensation.
Airlines give priority to transporting persons with reduced mobility and their companions.
In case of flight cancellation or denied boarding, affected passengers have:
- the right to reimbursement of the ticket cost within seven days, a return flight to the original point of departure, or redirection to their final destination;
- the right to assistance (meals and refreshments, hotel accommodation, transportation between the airport and the place of accommodation, the possibility to make free phone calls or send two free messages via telex, fax, or email);
- the right to compensation in the amount of:
- 250 EUR for all flights of 1,500 km or less;
- 400 EUR for all flights within the EU of more than 1,500 km and for all other flights between 1,500 and 3,500 km;
- 600 EUR for all flights not covered by the previous points.
Delays
The regulation introduces a three-tier system of penalties:
- In the event of prolonged delays (two hours or more, depending on the flight distance), passengers are offered in all cases meals and refreshments, and the right to two free phone calls or two telex, fax, or email messages.
- If the departure time is scheduled for the next day, passengers are also provided with hotel accommodation and transportation to and from the accommodation to the airport.
- If the delay is at least five hours, passengers have the option to choose between a full refund of the ticket cost and, if applicable, a return flight to the original point of departure.
In a preliminary ruling procedure (Connected cases C-402/07 and C-432/07), The Court of Justice of the European Union specified that when passengers arrive at the final destination with three hours or more after the scheduled arrival time (such as passengers whose flights are cancelled), they may request fixed compensation from the airline, except where the delay is caused by extraordinary circumstances.
According to the principle of equal treatment, passengers whose flights are delayed and those whose flights are cancelled “at the last minute” should be considered as being in comparable situations regarding the application of their right to compensation, as these passengers suffer similar inconveniences, namely a loss of time.
Cancellation
In case of flight cancellation, the affected passengers must be offered:
- the right to assistance (meals and refreshments, hotel accommodation, transportation between the airport and the place of accommodation, the possibility to make free phone calls or send two free messages via telex, fax, or email);
- the right to reimbursement of the ticket cost within seven days, a return flight to the original point of departure, or redirection to their final destination;
- the right to compensation in the amount of:
- 250 EUR for all flights of 1,500 km or less;
- 400 EUR for all flights within the EU of more than 1,500 km and for all other flights between 1,500 and 3,500 km;
- 600 EUR for all flights not covered by the previous points.
Compensations
Compensation is paid if the passenger was not informed about the cancellation with sufficient advance notice. However, it is not required to pay if the carrier can prove that the cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.
Overbooking and downgrading
If an airline accommodates the passenger in a lower class of travel than the ticket purchase price, then within seven days, it refunds:
- 30% of the ticket price for all flights of 1,500 km or less;
- 50% of the ticket price for all flights within the EU of more than 1,500 km, except for flights between the territories of EU countries and the French overseas departments, and for all other flights ranging between 1,500 and 3,500 kilometers;
- 75% of the ticket price for all flights not falling within the cases mentioned above, including flights between the territories of EU countries and the French overseas departments.
From when does the regulation apply?
It applies from February 17, 2005.
