Flight delay compensation | avvocato Simona Aduasio

risarcimento ritardo cancellazione volo aereo

Flight delay compensation

Aduasio law firm provides legal assistance in case of flight delay, flight cancellation or denied boarding, in order to ensure passengers the best protection and the wider refreshment of suffered prejudice.

THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 February 2004 REGULATION (EC) No 261/2004 establishing “common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights”, regulates flight delay, flight cancellation and denied boarding.

Flight delay

For flight delay the  Regulation (EC) n. 261/2004 passengers shall be offered by the operating air carrier:

  • Assistance

When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure for two, three, four hours or more, passengers shall be offered free of charge meals and refreshments in a reasonable relation to the waiting time, hotel accommodation in cases where a one or more nights stay becomes necessary, or where an additional stay to that intended by the passenger becomes necessary, transport between the airport and place of accommodation (hotel or other), two telephone calls, telex or fax messages, or e-mails.

  • Right to compensation

When the delay is at least three hours, assistance and right to compensation, within the time limits set out above with respect to each distance bracket:

Intra-Community flights

0
1500 kilometres or less
0
more than 1500 kilometres

International flights

0
1500 kilometres or less
0
between 1500 and 3500 kilometres
0
more than 3500 kilometres

Flight cancellation

In case of flight cancellation, the concerned passengers shall be offered:

  • according to the Article 8, the choice between:
  • the full ticket cost reimbursement at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made;
  • a return flight to the first point of departure, at the earliest opportunity;
  • re-routing, under comparable transport conditions, to their final destination at the earliest opportunity;
  • re-routing, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.
  • according to the Article 9, to assistance:
  • meals and refreshments in a reasonable relation to the waiting time
  • hotel accommodation in cases where a one or more nights stay becomes necessary, or where an additional stay to that intended by the passenger becomes necessary
  • transport between the airport and place of accommodation (hotel or other)
  • two telephone calls, telex or fax messages, or e-mails.

according to the Article 7, to compensation, within the time limits set out above with respect to each distance bracket:

Intra-Community flights

0
1500 kilometres or less
0
more than 1500 kilometres

International flights

0
1500 kilometres or less
0
between 1500 and 3500 kilometres
0
more than 3500 kilometres

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 concerned passenger and the operating air carrier.

If boarding is denied to passengers against their will, the operating air carrier shall immediately offer:

  • According to the Article 7, compensation, within the time limits set out above with respect to each distance bracket:

Intra-Community flights

0
1500 kilometres or less
0
more than 1500 kilometres

International flights

0
1500 kilometres or less
0
between 1500 and 3500 kilometres
0
more than 3500 kilometres
<