FAQ Passengers' rights

FAQ
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CHIUDI TUTTI

Passenger rights regulations are:

  • the 1999 Montreal Convention for the unification of certain rules relating to international air transport with regard to damage, loss and delays in the delivery of baggage

  • the Regulation (EEC) No. 323/1999 of the Council amending Regulation (EEC) no. 2299/89 relating to a code of conduct regarding computerized reservation systems (CRS)

  • the Regulation (EC) No. 889/2002 amending Regulation (EC) no. 2027/97 on the liability of the air carrier in the event of accidents

  • the Regulation (EC) No. 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation or prolonged delay

  • Legislative Decree n.79/2011 (in Italian language), Code of state legislation on tourism organization and market, in accordance with article 14 of the law of 28 November 2005, n. 246, as well as implementation of Directive 2008/122 / EC, relating to timeshare contracts, contracts relating to long-term holiday products, resale and exchange contracts

  • the Regulation (EC) No. 2111/2005  concerning the establishment of a Community list of air carriers subject to an operating ban within the Community and the information to be provided to air passengers on the identity of the actual air carrier

  • the Legislative Decree 69/2006 (in Italian language) Penalty provisions for breach of Regulation (EC) No. 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation or prolonged delay

  • the Regulation (EC) 1008/2008 of the European Parliament the Council of 24 September 2008  on common rules for the operation of air services in the Community (recast)

  • and Regulation (EC) No. 1107/2006  of 5 July 2006 concerning the rights of people with disabilities and people with reduced mobility in air transport

  • the Ministerial Decree n. 107 / T of 24 July 2007 on "Designation of the body responsible for applying the regulation of the European Parliament and of the Council of 5 July 2006, n. 1107, concerning the rights of disabled persons or persons with reduced mobility in air transport"
  • the Legislative Decree 24/2009 of 24 February 2009 (in Italian language) "Discipline penalties for violation of the provisions of Regulation (EC) no. 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when traveling by air"

Yes.

Regulation (EC) 261/2004 applies to all flights (scheduled and non-scheduled) departing from:

  • a Community airport, Norway, Iceland and Switzerland
  • an airport located in a third country destined for a Community airport (including Norway, Iceland and Switzerland) in the event that the airline operating the flight is a Community one (or Norwegian, Icelandic or Swiss) and unless the benefits provided for by local legislation.

Regulation (EC) 261/2004 does not apply:

  • to all flights departing from a third country to a Community airport (including Norway, Iceland and Switzerland) operated by non-Community airlines. In this case the protections are those ensured by local legislation and by the rules governing the transport contract.

No.

All passengers in possession of tickets purchased with a Frequent Flyer fare, or tickets issued in the framework of other commercial programs promoted by airlines or tour operators with confirmed reservations, can protect their rights in the cases indicated above as provided for by Reg. (EC) n. 261/04.

Yes.

The protections provided for by Reg. (EC) n. 261/04 in case of denied boarding (including overbooking), flight cancellation and prolonged flight delay do not apply to those passengers traveling free of charge or at a reduced fare not accessible, directly or indirectly, to the public (for example employees of airlines, travel agencies or tour operators).

The complaint must be sent to the airline that issued the ticket and / or to the Tour Operator with which the transport contract was stipulated in the case of "package travel".

In the event that the airline does not respond  after 6 weeks , or responds providing reasons that are not exhaustive with respect to what is indicated in the complaints sent, a complaint can be made:

  • to the  ENAC offices  of the national airport where the outage occurred, or where the flight landed due to inefficiencies occurring in third countries
  • to the competent  Bodies responsible in the event of disruptions occurring while departing from a country of the European Union, Norway, Iceland and Switzerland or for flights arriving from third countries to the European Union (including Norway, Iceland and Switzerland)

In this context, the passenger's complaint activates the checks of the Entity aimed at ascertaining, for sanctioning purposes, possible violations committed at national airports and contributes to monitoring the quality of the services offered to users. The results of the checks carried out are communicated to the passenger.

No.

The online complaint form does not replace the complaint which must always be sent to the airline responsible for the disruption. 

It is possible to report a disservice to ENAC by filling in the specific disservice reporting form online.

The reports contribute to monitoring the progress, for the purpose of their constant improvement, of the services offered by the air transport operators to users.

Yes.

In articles 10 and 11 of Regulation (EC) 2111/2005 it is established that at the time of booking the passenger must receive adequate information on the airline that will operate the flight.

Yes.

A passenger can be denied boarding if there are reasonable reasons, such as delayed presentation at check-in / gate, health or safety reasons or travel documents that do not comply with the carrier's conditions of transport and / or national or international regulations on the matter.

The term overbooking means that there are fewer seats available on the aircraft than the number of confirmed bookings and tickets issued for that particular flight.

In the event of denied boarding, the airline must first check whether there are volunteers among the passengers willing to give up their seats in exchange for benefits to be agreed.

If there are no volunteers, as established by art. 4 of Reg. (EC) no. 261/04, the passenger who is denied boarding has the right to:

  • financial compensation
    The amount of the financial compensation due to passengers depends on the air route (intra-community or extra-community) and the distance in km traveled, as defined in the following table:

for intra-community flights:

Distances in Km Amount of compensation
Less than or equal to 1500 Km euro 250
More than 1500 Km euro 400

for non-EU flights:

Distances in Km Amount of compensation
Less than or equal to 1500 Km euro 250
Including between 1500 and 3500 Km euro 400
More than 1500 Km euro 600
  • to the choice between:
    • reimbursement of the ticket price for the part of the journey not taken
    • boarding an alternative flight as soon as possible in relation to the airline's operations
    • boarding on an alternative flight at a later date that is more convenient for the passenger
       
  • assistance:
    • meals and drinks in relation to the waiting time
    • hotel accommodation, in the event that one or more overnight stays are required for reboot as soon as possible in relation to the airline's operations
    • transfer from the airport to the place of accommodation and vice versa
    • two telephone calls or messages via telex, fax or e-mail

As required by Reg. (EC) n. 261/04 in case of flight cancellation, the passenger has the right:

  • to the choice between:
    • reimbursement of the ticket price for the part of the journey not taken
    • boarding an alternative flight as soon as possible in relation to the airline's operations
    • boarding on an alternative flight at a later date that is more convenient for the passenger
       
  • assistance:
    • meals and drinks in relation to the waiting time
    • hotel accommodation, in the event that one or more overnight stays are required for the reboot as soon as possible in relation to the airline's operations
    • transfer from the airport to the place of accommodation and vice versa
    • two telephone calls or messages via telex, fax or e-mail
       
  • in some cases also to financial compensation:
    • the amount of the financial compensation due to passengers depends on the air route (intra-community or extra-community) and the distance traveled in Km, as defined in the following table:

 

for intra-community flights:

Distances in Km Amount of compensation
Less than or equal to 1500 Km euro 250
More than 1500 Km euro 400

 

for non-EU flights:

Distances in Km Amount of compensation
Less than or equal to 1500 Km euro 250
Including between 1500 and 3500 Km euro 400
More than 1500 Km euro 600

No.

If the flight is canceled, the financial compensation is not due in the event that

  • the airline can prove that the cancellation of the flight was caused by exceptional circumstances: for example adverse weather conditions, strikes, sudden and unforeseeable failures of the flight from the point of view of safety (as required by points 14 and 15 in the introduction to Reg. (EC) no. 261/04)
  • the passenger has been informed of the cancellation:
    • with at least two weeks' notice
    • in the period from two weeks to seven days before the departure date and in the event that an alternative flight is offered, departing no more than two hours earlier than the originally scheduled time and arriving at the final destination no later than four hours later the originally scheduled time
    • less than seven days before and in the event that an alternative flight is offered departing no more than one hour before the originally scheduled time and arriving at the final destination no later than two hours after the originally scheduled time

For intra-community and non-EU flights traveling distances of less than or equal to 1500 km, you are entitled to assistance if the flight is delayed for at least 2 hours.

For intra-community flights that cover distances over 3500 km and all other flights that cover distances between 1500 and 3500 km, you are entitled to assistance if the flight is delayed for at least 3 hours.

For flights that cover distances of more than 3500 km outside the European Union, you are entitled to assistance if the flight is delayed for at least 4 hours.

The right to assistance involves:

  • meals and drinks in relation to the waiting time
  • hotel accommodation, in the event that one or more overnight stays are required
  • transfer from the airport to the place of accommodation and vice versa
  • two telephone calls or messages via telex, fax or e-mail

If the delay is at least 5 hours, the passenger has the possibility to cancel the flight without having to pay penalties and to obtain a refund of the ticket price for the part of the trip not made.

In some cases, you are also entitled to financial compensation.

No.

Assistance is provided only in the event of a prolonged delay, i.e. after 2, 3, 4 hours from the scheduled departure time, depending on the distance in km of the section.

Following the ruling of the European Court of Justice (Fourth Section) of November 19, 2009 on compensation for passengers in the event of prolonged delay, the right to compensation was established, similar to the provisions for some cases of flight cancellation, also for passengers who reach their destination three hours later than the published arrival time. This right, however, ceases if the airline proves that the prolonged delay occurred due to exceptional circumstances, such as adverse weather conditions, sudden and unforeseeable failures of the flight from the point of view of safety and strikes (as foreseen by the points 14 and 15 in the introduction to Regulation 261/2004).

If the flight delay is at least 5 hours, the passenger has the right, in addition to assistance during the waiting period, to the possibility of canceling the flight without having to pay penalties and to a refund of the ticket price for the part of the journey that is not made at the same price at which it was purchased.

Only in the event that the passenger has entered into a single contract of carriage that includes multiple routes and misses a direct connecting flight due to the delay of the previous flight, the airline must provide:

  • assistance
  • the choice between an alternative flight to the final destination as soon as possible or a refund of the full ticket price and a return flight to the initial departure point

Each airline usually indicates in its Travel Conditions (or General Conditions of Carriage) how much time before it is necessary to show up at the airport to carry out check-in operations.

It is advisable to arrive at the airport well in advance to carry out boarding operations easily. In any case it is necessary to respect the times indicated by the airline, the tour operator or the travel agent.

Please note that the times indicated by the airlines refer to the start of registration operations at the check-in desk.

At the time of booking, the passenger has the right to receive information on:

  • airline that will perform the flight (operating air carrier)
  • flight schedule
  • type of aircraft
  • tariffs and any restrictive conditions connected to them
  • booking code
  • presentation times at check-in
  • limits of the airline's liability in the event of the death or injury of passengers
  • limits of liability of the airline in the event of damage, destruction or loss of baggage
  • complaint procedure

Before purchasing an airline ticket, it is important to carefully read the travel conditions (or General Conditions of Carriage) of the airline in order to verify any limitations related to the fare you intend to purchase.

In particular, it is good to check:

  • whether or not the fare you intend to purchase offers the possibility of canceling the flight or changing the dates
  • the weight and size limits of hold baggage and hand baggage
  • the identity documents and / or visas required for the chosen destination

No.

Yes.

All airlines departing from the territory of the European Union, as required by the European Regulation no. 261/2004, have the obligation to inform passengers of their rights in the event of:

  • denied boarding (including overbooking)
  • flight cancellation
  • prolonged flight delay
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