Air Passengers rights

A travel handbook

AIR PASSENGERS’ RIGHTS www.epc.si

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THE FLIGHT HAS BEEN CANCELLED …

In case of cancellation the airline is obliged to offer either a refund for the passenger's air ticket or to offer the passenger an alternative flight (re-routing) or alternative means of transport to the same destination.

While you're waiting you're entitled to two free phone calls, faxes or e-mails as well as free meals and refreshments appropriate to your waiting time.

PASSENGER RIGHTS IN CASE OF CANCELLATION

ticket refund

re-routing to final destination

1. A refund within 7 days of the full cost of the flight: ﾐ for unused tickets, ﾐ i f your flight wasn’t direct and was cancelled part-way through (and does not comply with the original itinerary).

1. Re-routing to your final destination at the earliest opportunity; re-routing to your final destination at a later date convenient to you;

2. y ou are entitled to a flight back to your original point of departure at the earliest possible time and to be refunded in full;

2. meals and refreshments (appropriate to your waiting time);

3. meals and refreshments (appropriate to your waiting time);

3. free hotel accommodation and hotel transfers if an overnight stay is required;

4. financial compensation.

4. financial compensation.

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Financial compensation ■■ You are not entitled to financial compensation: • If a flight is cancelled more than 14 days in advance you’re only entitled to a refund and no compensation; • If your flight is cancelled between 7 and 14 days before you were due to fly. You don’t have a right to compensation if you are offered re-routing on a flight that leaves not more than 2 hours before the original flight booked and is scheduled to arrive no more than 4 hours later than the original flight; • If your flight is cancelled with up to 7 days to go you don’t have a right to compensation if you are offered re-routing on a flight that leaves no more than one hour before the original flight and is scheduled to arrive no more than 2 hours later than the original flight.

You don’t have a right to compensation if the airline can show the cancellation was caused by “extraordinary circumstances” that could not have been avoided even if all reasonable measures have been taken’.

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THE FLIGHT HAS BEEN CANCELLED …

■■ You are entitled to financial compensation • The compensation you’re entitled to depends on how far you were going to fly and what, if any, alternative flight the airline offers you.

• If you aren’t offered a flight that falls within the time-frames (see the previous page) or you’re offered no alternative flight at all, you can claim compensation according to the table below: distance

compensation

up to 1.500 km

250 EUR

flights within EU over 1.500 km

400 EUR

flights between 1.500 and 3.500 km

400 EUR

flights over 3.500 km

600 EUR

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This compensation can be reduced by 50 % if the flight arrives within set parameters (see table below for details): Compensation for flight delay

distance

length of delay

up to 1.500 km

within 2 hours of scheduled arrival time

flights within EU over 1.500 km

within 3 hours of scheduled arrival time

flights between 1.500 and 3.500 km

within 3 hours of scheduled arrival time

flights over 3.500 km

within 4 hours of scheduled arrival time

If the delay does not fall within the parameters mentioned above, the passenger is entitled to full financial compensation.

■■

Method of financial compensation payment

The compensation shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

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THE FLIGHT IS DELAYED …

If your flight has been delayed for two hours or more you are entitled to certain rights.

PASSENGER RIGHTS IN CASE OF FLIGHT DELAY

distance

expected length of delay

passenger rights

up to 1.500 km

over 2 hours

• meals and refreshments appropriate to your waiting time; • wo free phone calls, faxes or e-mails.

• meals and refreshments appropriate to your waiting time; • two free phone calls, faxes or e-mails.

flights within EU over over 3 hours 1.500 km other flights between 1.500 and 3.500 km flights over over 4 hours 3.500 km all flights

over 5 hours

all flights

overnight delay

• meals and refreshments appropriate to your waiting time; • two free phone calls, faxes or e-mails.

• meals and refreshments appropriate to your waiting time; • two free phone calls, faxes or e-mails; • you can choose not to travel and get a refund of your ticket cost.

• meals and refreshments appropriate to your waiting time; • two free phone calls, faxes or e-mails; • passenger is entitled to hotel accommodation along with transport to and from the hotel.

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IF YOUR BOARDING IS DENIED...

You can claim your rights if you have a confirmed booking and you have checked-in on time (or if no check-in time was given, then at least 45 minutes before your flight was scheduled to depart). Â If your flight is overbooked, the airline must ask for people to volunteer not to fly in exchange for benefits. If there aren't enough volunteers, the airline can free up seats by denying passengers the right to board the plane.

If you volunteer to give up your seat you're entitled to a refund or re-routing and also benefits which you have to negotiate with the airline; there are no parameters as to what benefits the airline should offer.

If you don't volunteer or can’t agree benefits with the airline and you are denied boarding you have the same rights to assistance and compensation as you'd have if your flight was cancelled.

The only difference is that you are entitled to the compensation straight away.

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DOWNGRADING ...

If an operating airline places a passenger in a class lower than that for which the ticket was purchased, it shall partially reimburse the passenger.

The amount to be reimbursed depends on the distance travelled:

distance up to1.500 km flights within EU over 1.500 km lights between 1.500 and 3.500 km flights over 3.500 km

amount to be reimbursed 30 % 50 % 50 % 75 %

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

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HOW TO MAKE A CLAIM in case of delay, cancellation or denied boarding In case of a delay, cancellation or denied boarding the passenger must immediately demand all the necessary information concerning passengers’ rights at the airline’s counter and act accordingly. If, because of any reason, the airline isn’t able to provide the passenger with all the necessary information, the passenger must contact the airline in writing and act upon his rights afterward.

If you were unable to claim yours rights, you have the possibility to make a claim at the competent institution in the EU country of departure. If you are flying from a non EU country to an EU country on a european carrier, it is possible to make a claim in the destination country.

In any case the passenger may contact the European consumer center Slovenia or any other center in the ECC-Net to get all the necessary information.

You can also visit www.epc.si to find a list of all centers within the ECC-Net.

Do not forget! If you meet all the criteria below, you are entitled to the rights mentioned in this publication: - you have a confirmed booking - you checked in on time (or if no check-in time was given, then at least 45 minutes before your flight was scheduled to depart) - you’re departing from an EU airport, or from a non-EU airport and flying to an EU airport on a ’community carrier’ - an airline with its headquarters and main place of business within the EU. That includes all european discount and ‘no-frills’ airlines. This includes both scheduled as well as charter flights.

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BAGGAGE PROBLEMS …

The air carrier is obliged to compensate the passenger in case of damaged or lost baggage as well as in case of delays in baggage delivery. The passenger may claim compensation for both checked and unchecked baggage including the contents of the said baggage.

■■

Baggage delivery delays

The passenger who arrives at any destination which is not his/her place of residence is entitled to reimbursment of expenses incurred by the delay. When making the claim the passenger must present the list of expenses along with the original reciepts.

■■

Lost baggage

If the delayed baggage has not been delivered in 21 days since the day of scheduled delivery, the baggage is considered lost which entitles the owner to compensation. The amount of compensation is based on a list of the property lost. Calculation of the amount to be reimbursed is based upon the value and age of property lost as well as any possible receipts submitted with the claim.

The amount to be reimbursed in case of loss or damage is limited to 1.000 SDR (Special Drawing Rights) for each passenger (about 1.100 EUR).

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â– â–

Airline liability in case of damage or loss of baggage

Airline is liable for all damages or loss of baggage after check-in procedure has been completed (for checked-in baggage). The airline is liable for unchecked baggage only in the event that the airline is responsible for any damage due to incorrect handling, storage, etc.

The airline will not be held liable for any damage incurred due to prior damage and/or low quality of baggage materials.

HOW TO ACT in baggage related problems All events (loss or damage of baggage) must be reported immediately, at the airport (Lost & Found counter), where the passenger should be able to access all the pertinent information relating to the baggage problem. If, for any reason, this is not possible the passenger must complain to the airline in writing within 7 days, or in case of delayed delivery of baggage within 21 days (starting with the day the passenger recieved his/her baggage).

Do not forget!

In any case related to baggage claims the passenger should act as soon as possible, since many airlines will not consider claims which are overdue. So be careful to make your claim within the legal time limit!

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WHERE TO GET HELP? Evropski potrošniški center European Consumer Centre Slovenia Frankopanska 5, 1000 LJUBLJANA, Slovenia Phone: +386 1 432 30 35 E-mail: epc@epc.si

www.epc.si

AIR PASSENGERS' RIGHTS A travel handbook Prepared by: European Consumer Centre Slovenia Print run: 10,000 copies Year of publication: June 2009

Publication of this handbook was financed by

the European Commission and the Ministry of the Economy Consumer Protection Office of the Republic of Slovenia.

The cofunders are not responsible for the content of this handbook.

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