Source: http://www.airclub.pl/tourist-helper/air-passenger-rights
Air passenger rights
Denied boarding? Cancellation? Long delay? Lost luggage? Reduced mobility?
Over the last thirty years, there has been a boom in mobility in Europe. For millions of citizens travel has become a reality, indeed a right.
Passengers need a common set of principles, so that they can be more easily aware of their rights if something goes wrong with their trip, regardless of the mode of transport they use or whether a journey takes place wholly within a single Member State or goes through an intra-Community or external frontier.
In the light of this, the EU has committed itself to placing users at the heart of transport policy.
The main air passenger rights
deal with the following issues:
People with disabilities
and people with reduced mobility
Under EU legislation people with disabilities and/or reduced mobility are protected from being discriminated against during reservation and boarding. They are also entitled to receive assistance at airports (on departure, on arrival and in transit) and on board airplanes. In order to facilitate the provision of assistance, it is recommended to pre-notify your needs. More information
Denied boarding
When passengers are denied boarding on a flight, airlines are obliged to first seek volunteers to give up their reservation in exchange for certain benefits. In addition, the air carrier must also offer volunteers the choice between a full refund and re-routing.
You may be entitled to compensation of between €125 and €600 depending on the distance of the flight and
the delays experienced before being re-routed. Where volunteers choose re-routing, the airline must also provide assistance if necessary, for example - food, access to a telephone, hotel accomodation of one or more nights if necessary and transportation between the airport and the place of accommodation.
Cancellation
You are also entitled to identical compensation to that offered when you are denied boarding, unless you were informed of the cancellation at least
14 days before the flight, or you were rerouted close
to your original times, or if the airline can prove that the cancellation was caused by extraordinary circumstances.
In addition the airline must offer you the choice between:
- reimbursement of your ticket within seven days
- re-routing to your final destination under similar conditions
- and if necessary, care (phone call, refreshments, food, accommodation, transportation to the accommodation).
Long delays/span>
-
You are entitled to care by the airline (phone call,
refreshments, meal, accommodation, transportation to the place of
accommodation) if the delay is:
- two hours or more for flights of 1,500 km or less;
- three hours or more for longer flights within the European
Union or for other flights of between 1,500 and 3,500 km;
- four hours or more for flights of over 3,500 km outside the
European Union.
If the delay is more than five hours, and you decide
not to continue your journey, you are also entitled to have your ticket
reimbursed and be flown back to where you originally started your
journey.
If you get to your final destination with a delay of three
hours or more, you may be entitled to identical compensation to that
offered when your flight gets cancelled, unless the airline can prove
that the delay was caused by extraordinary circumstances. Additionally,
airlines can be held liable for damages resulting from delays.
Baggage
If your baggage is lost, damaged or delayed, you may be entitled to compensation limited to about €1,220. However, airlines shall not be liable if they have taken all reasonable measures to avoid the damages or it was impossible to take such measures.
For damaged baggage, you must lodge a claim to the airline within seven days of receiving your baggage.
For delayed receipt of baggage, this period is a maximum of 21 days.
Identity of the airline
-
You must be informed, in advance, about which airline is operating your flight.
Airlines found to be unsafe are banned or restricted within the European Union.
They are listed at: http://ec.europa.eu/transport/air-ban/
Package holidays
-
The organisers and retailers of package holidays are obliged to provide precise, complete information about booked package holidays. They are obliged to honour contractual terms and to protect passengers in the event of insolvency. Package tour operators must give accurate information on the holiday booked, comply with contractual obligations
and protect passengers in the case of the organiser's insolvency.
Price transparency
-
According to EU legislation, when you purchase a ticket for
flights departing from EU airports, the applicable conditions should be
made clear to you.
The final price to be paid should be indicated at all times
and it should include the applicable air fare, as well as applicable
taxes, and charges, surcharges and fees which are unavoidable and
foreseeable at the time of publication.
It should also show you the breakdown between the fare, the
taxes, the airport charges and finally the other charges, surcharges
and fees.
Optional price supplements should be communicated in a clear,
transparent and unambiguous way at the start of the booking process and
your acceptance of them should be on an "opt-in" basis.
People with disabilities
and people with reduced mobility
Under EU legislation people with disabilities and/or reduced mobility are protected from being discriminated against during reservation and boarding. They are also entitled to receive assistance at airports (on departure, on arrival and in transit) and on board airplanes. In order to facilitate the provision of assistance, it is recommended to pre-notify your needs. More information
Denied boarding
When passengers are denied boarding on a flight, airlines are obliged to first seek volunteers to give up their reservation in exchange for certain benefits. In addition, the air carrier must also offer volunteers the choice between a full refund and re-routing.
You may be entitled to compensation of between €125 and €600 depending on the distance of the flight and the delays experienced before being re-routed. Where volunteers choose re-routing, the airline must also provide assistance if necessary, for example - food, access to a telephone, hotel accomodation of one or more nights if necessary and transportation between the airport and the place of accommodation.
CancellationYou are also entitled to identical compensation to that offered when you are denied boarding, unless you were informed of the cancellation at least 14 days before the flight, or you were rerouted close to your original times, or if the airline can prove that the cancellation was caused by extraordinary circumstances.
In addition the airline must offer you the choice between:
- reimbursement of your ticket within seven days
- re-routing to your final destination under similar conditions
- and if necessary, care (phone call, refreshments, food, accommodation, transportation to the accommodation).
Long delays/span>You are entitled to care by the airline (phone call, refreshments, meal, accommodation, transportation to the place of accommodation) if the delay is:
- two hours or more for flights of 1,500 km or less;
- three hours or more for longer flights within the European Union or for other flights of between 1,500 and 3,500 km;
- four hours or more for flights of over 3,500 km outside the European Union.
If the delay is more than five hours, and you decide
not to continue your journey, you are also entitled to have your ticket
reimbursed and be flown back to where you originally started your
journey.
If you get to your final destination with a delay of three hours or more, you may be entitled to identical compensation to that offered when your flight gets cancelled, unless the airline can prove that the delay was caused by extraordinary circumstances. Additionally, airlines can be held liable for damages resulting from delays.
Baggage
If your baggage is lost, damaged or delayed, you may be entitled to compensation limited to about €1,220. However, airlines shall not be liable if they have taken all reasonable measures to avoid the damages or it was impossible to take such measures.
For damaged baggage, you must lodge a claim to the airline within seven days of receiving your baggage.
For delayed receipt of baggage, this period is a maximum of 21 days.
Identity of the airlineYou must be informed, in advance, about which airline is operating your flight.
Airlines found to be unsafe are banned or restricted within the European Union.
They are listed at: http://ec.europa.eu/transport/air-ban/
Package holidaysThe organisers and retailers of package holidays are obliged to provide precise, complete information about booked package holidays. They are obliged to honour contractual terms and to protect passengers in the event of insolvency. Package tour operators must give accurate information on the holiday booked, comply with contractual obligations and protect passengers in the case of the organiser's insolvency.
Price transparencyAccording to EU legislation, when you purchase a ticket for flights departing from EU airports, the applicable conditions should be made clear to you.
The final price to be paid should be indicated at all times and it should include the applicable air fare, as well as applicable taxes, and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication.
It should also show you the breakdown between the fare, the taxes, the airport charges and finally the other charges, surcharges and fees.
Optional price supplements should be communicated in a clear, transparent and unambiguous way at the start of the booking process and your acceptance of them should be on an "opt-in" basis.
More information on the air passenger legislation
What should you do if you believe your passenger rights have been infringed?
If you consider that your entitlements under air passenger rights legislation have been breached:
- You should first contact the airline or - for issues related to persons with reduced mobility - the airport.
- If you are not satisfied with their response, you can lodge a complaint with a National Enforcement Body (NEB).
NOTE: Complaints should in principle be filed in the country where the incident took place.
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