Passenger rights
The rights of air passengers are provided for by EU Regulation 261/2004 (link to: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:IT:HTML) which establishes which services they must be paid by the airlines in the case of canceled or delayed flights. In addition to the additional services that passengers are entitled to such as food, drink and accommodation, passengers may also be entitled to cash compensation.
When EU Regulation 261/2004 applies
The Regulations on the Rights of Passengers for Air Transport are applicable to flights departing from all countries that are part of the European Union, regardless of where the responsible airline has its head office and / or legal headquarters. Flights that land in the European Community from third countries are also included, provided that the airline has its headquarters in the European Community. In the case of flights departing from non-EU countries, operated by non-EU companies, the protection of the passenger / traveler is governed by the Montreal Convention, which has its effects in all those countries that have ratified this convention.
When are you entitled to monetary compensation?
To be entitled to compensation, passengers must meet the conditions set out in the regulation. First, show a valid ticket and arrive at the airport in time to check-in (at least 45 minutes before the scheduled flight time unless otherwise arranged by the airline). Furthermore, the European Court of Justice has ruled that the situation of delayed flights must be equated, as regards the application of the right to financial compensation, to that of passengers on canceled flights, since such passengers suffer a similar inconvenience in terms of loss. of time (C. Giust ,. Sect. Grande, 23.10.2012, C-581/10).
The passenger is entitled to compensation if the airline is responsible for the delay / cancellation. The regulation specifies that the passenger is entitled to monetary compensation in the event of delays of more than 3 hours or for the definitive cancellation of the flight. In addition, EU jurisprudence has been able to establish that airlines are due to pay compensation even when the delay or cancellation of the flight is due to technical breakdowns of the aircraft.
The request for monetary compensation must be submitted within the two-year deadline of the day of the flight, or failure to perform the same in the event of cancellation or denied boarding. The ordinary term of five years remains valid if the passenger complains of other further damages which he must provide proof of.
How much is the compensation?
When the company is responsible for the delay / cancellation, passengers are entitled to compensation that depends on the distance of the flight (and not on the cost of the ticket). The regulation establishes that a passenger who has been delayed by at least 4 hours for a flight of 3500 km or more is entitled to compensation of € 600. For delayed flights whose distance ranges from 1500 to 3500 km, the compensation is equal to € 400. If the distance is less than 1500 km, the passenger will be entitled to compensation of € 250. In the latter two cases, the flight delay must be more than 3 hours compared to the time originally indicated on the boarding pass.
Airlines can replace monetary compensation with discount bonuses or other benefits only where there is an agreement signed by the passenger.
When is compensation excluded?
According to Community Regulation 261/2004, passengers are not entitled to compensation when the reasons for the delay / cancellation are not attributable to the airline, or in cases commonly defined as “exceptional circumstances” (strikes, bad weather conditions and / or closure of the airport or airspace). In such cases, such as in the case of a flight delay of more than two hours, passengers are still entitled to some services provided free of charge by airlines such as drinks, food, telephone calls, faxing or e-mailing.
If the flight is delayed by more than five hours, passengers can cancel the flight. The airline is obliged to inform passengers of this option and the amount of the refund. Alternatively, the passenger is entitled to a replacement flight to the destination or to the departure point of the journey.
In case of flight cancellation, compensation is excluded if the passenger has been notified: 1) at least 2 weeks in advance; 2) in the period between 2 weeks and 7 days and an alternative flight is offered no more than 2 hours before the original departure time and to reach the final destination less than 4 hours after the originally scheduled arrival time; 3) less than 7 days before if an alternative flight is offered no more than one hour before the original departure time and to reach the final destination less than 2 hours after the expected arrival time.
