Passenger rights

Information on passengers' rights in cases of denied boarding, cancellation and long delay of flights.

REFERENCE RULES: Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (hereinafter "Regulation 261/2004").

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Denied boarding" means: refusal to carry the passenger on a flight even though the passenger has presented himself for boarding in compliance with the conditions laid down in Regulation 261/2004, unless there are reasonable grounds to deny boarding, such as health or safety reasons or inadequate travel documents.

 

Flight cancellation" means: the failure to perform the flight originally planned and on which at least one seat was booked.

 

Prolonged flight delay" means: when the departure of the aircraft is delayed with respect to the scheduled time of departure.

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The protections provided by Regulation 261/2004 apply:

  • flights (scheduled, charter, low cost) departing from an airport located in the territory of a Member State of the European Union, as well as flights departing from airports located in Norway, Iceland and Switzerland;
  • flights (scheduled, charter, low cost) departing from an airport situated in a third country to an airport situated in the territory of a Member State of the European Union (as well as airports situated in Norway, Iceland and Switzerland), where the airline operating the flight is a Community airline and unless the benefits provided for by local legislation have already been paid out (e.g. financial compensation, re-routing, assistance).

The passenger has the right for protection:

  • holds an air ticket (including those issued under a Frequent Flyer programme or other commercial programmes of airlines or tour operators);
  • has a confirmed reservation for a flight operated by Ego Airways S.p.A. purchased at a fare available directly or indirectly to the public;
  • presents itself for acceptance in the manner and at the time indicated in writing (including electronically) by the airline, the tour operator or an authorised travel agent or, in the absence of indications, no later than 45 minutes before the published departure time.
  • Protection is also provided in the event that the airline or tour operator transfers the passenger from the flight booked to another flight, regardless of the reason.

 

Passengers are not entitled to protection provided by the Regulations:

  • travelling free of charge or at a reduced fare not accessible, directly or indirectly, to the public (e.g. employees of airlines, travel agencies or tour operators);
  • who are denied boarding for health or safety reasons or in the event of invalid travel documents;
  • who has purchased an all-inclusive circuit that is cancelled for reasons other than flight cancellation

 

Forms of protection for denied boarding

  • If the air carrier can foresee having to deny boarding on a flight, it calls on volunteers to check whether there are passengers willing to surrender their seats in exchange for benefits to be agreed. Volunteers who accept, are also entitled to the alternative between reimbursement and re-routing on an alternative flight, as indicated below.
  • If the number of volunteers is not sufficient and some passengers are denied boarding, they are entitled to receive reimbursement from the airline:

Financial compensation calculated on the basis of the route (intra-Community or international) and the distance travelled:

INTRACOMMUNITY FLIGHTS UP TO 1500 KM: 250 euros.

INTRACOMMUNITY FLIGHTS OVER 1500 KM: 400 euros

INTERNATIONAL FLIGHTS SHORTER OR EQUAL TO 1500 KM: 250 euros

INTERNATIONAL FLIGHTS BETWEEN 1500 KM AND 3500 KM: 400 euros

INTERNATIONAL FLIGHTS OVER 3500 KM: 600 euros

The amount of compensation may be reduced by 50% if the passenger is offered the opportunity to travel on an alternative flight whose arrival time does not exceed two, three or four hours respectively, compared to the flight originally booked.

The compensation shall be paid in cash, by electronic bank transfer, bank deposits or cheques or, after agreement with the passenger, by travel vouchers and/or other services, regardless of the amount paid at the time of ticket purchase.

The passenger is offered the choice between

  1. reimbursement within 7 days of the ticket price for the part of the journey not made, or for the part of the journey already made if the flight in question has become pointless, as well as, if appropriate, a return flight to the initial point of departure, as soon as possible, or, alternatively,
  2. re-routing, under comparable transport conditions, to their final destination at the earliest opportunity or at a later date at your convenience, subject to availability of seats.

 

Assistance

The passenger is entitled free of charge to

  1. meals and drinks in reasonable relation to the length of the waiting time;
  2. overnight accommodation, hotel accommodation and, if necessary, return transport between the airport and the place of accommodation;
  3. make two free telephone calls or send two messages by telex, fax or e-mail.

 

Persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, have the right of priority in receiving assistance.

 

Forms of protection for flight cancellations

In case of flight cancellation the passenger has the right to choose between:

a) reimbursement within 7 days of the ticket price for the part of the journey not made or for the part already made if the flight in question has become pointless, as well as, where appropriate, a return flight to the initial point of departure, as soon as possible, or, alternatively,

(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity or at a later date at your convenience, subject to availability of seats.

 

Assistance:

The passenger is entitled to free of charge

  1. meals and drinks in reasonable relation to the length of the waiting time;
  2. overnight accommodation, hotel accommodation and, if necessary, return transport between the airport and the place of accommodation;
  3. make two telephone calls or send two messages by telex, fax or e-mail.

 

Persons with reduced mobility and any accompanying persons and unaccompanied children have the right of priority in receiving assistance.

Financial compensation calculated on the basis of the route (intra-Community or international) and the distance travelled:

INTRACOMMUNITY FLIGHTS UP TO 1500 KM: 250 euros.

INTRACOMMUNITY FLIGHTS OVER 1500 KM: 400 euros

INTERNATIONAL FLIGHTS SHORTER OR EQUAL TO 1500 KM: 250 euros

INTERNATIONAL FLIGHTS BETWEEN 1500 KM AND 3500 KM: 400 euros

INTERNATIONAL FLIGHTS OVER 3500 KM: 600 euros

The amount of compensation may be reduced by 50% if the passenger is offered the opportunity to travel on an alternative flight whose arrival time does not exceed two, three or four hours respectively, compared to the flight originally booked.

The compensation shall be paid in cash, by electronic bank transfer, bank deposits or cheques or, after agreement with the passenger, by travel vouchers and/or other services, regardless of the amount paid at the time of ticket purchase.

 

Financial compensation is not due in the event that:

  • the airline can prove that the cancellation of the flight was caused by exceptional circumstances beyond its control (for example, by way of example, adverse weather conditions, security reasons, strikes by air traffic controllers, etc.);
  • the passenger has been informed of the cancellation at least 2 weeks before the scheduled departure date; or
  • the passenger has been informed of the cancellation between 2 weeks and 7 days before the scheduled departure date and has been offered re-routing with departure no more than 2 hours before the scheduled time and arrival at the final destination less than 4 hours after the scheduled time; or
  • the passenger has been informed of the cancellation less than seven days before the scheduled departure date and has been offered re-routing with departure no more than 1 hour before the scheduled time and arrival at the final destination less than 2 hours after the scheduled time.
  • Together with the cancellation of the flight, passengers shall be informed of any possible alternative transport options.

 

Forms of protection for long flight delays

In the event of a long delay of the flight, the passenger is entitled to

 

Assistance:

  1. meals and drinks in reasonable relation to the duration of the waiting time, provided that this does not cause a further delay in the departure of the aircraft;
  2. if overnight accommodation is necessary, hotel accommodation and, where appropriate, return transport between the airport and the place of accommodation;
  3. make two telephone calls or send two messages by telex, fax or e-mail.

 

Persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, have the right of priority in receiving assistance.

 

 

The right to assistance is recognised on the basis of the traffic (intra-Community or international) and the distance travelled:

INTRACOMMUNITY FLIGHTS UP TO 1500 KM: flight delay of at least 2 hours.

INTRACOMMUNITY FLIGHTS OVER 1500 KM: flight delay of at least 3 hours

INTERNATIONAL FLIGHTS SHORTER OR EQUAL TO 1500 KM: 250 euros

: flight delay of at least 2 hours

INTERNATIONAL FLIGHTS BETWEEN 1500 KM AND 3500 KM: flight delay at least 3 hours

INTERNATIONAL FLIGHTS OVER 3500 KM: flight delay of at least 4 hours

 

In accordance with the case law of the Court of Justice of the European Union, passengers may claim the right to compensation provided for in Article 7 of Regulation 261/2004 when, due to a delayed flight, they suffer a loss of time equal to or greater than three hours, i.e. when they arrive at their final destination three hours or more after the arrival time originally scheduled by the air carrier.

However, the right to compensation is lost if the air carrier proves that the long delay is due to extraordinary circumstances.

 

Flight renouncement

If the delay is at least 5 hours, the passenger may cancel the flight without penalty and may request reimbursement of the ticket price for the part of the journey not made or the part already made if the flight in question has become pointless and, where appropriate, a return flight to the initial point of departure as soon as possible.

 

Accommodation in upper or lower class

The passenger is not required to pay an additional fee if the airline offers accommodation in a class higher than that provided in the ticket purchased.

If, however, the carrier moves the passenger to a class lower than the class provided in the ticket purchased, the airline must pay a refund (in cash, by electronic bank transfer, bank deposits or cheques or, with the signed agreement of the passenger, with travel vouchers and/or other services) within seven days, in accordance with the following.

 

 

INTRA-COMMUNITY FLIGHTS

UP to 1500 KM refund 30% ticket price

over 1500 KM refund 50% ticket price

 

INTERNATIONAL FLIGHTS

Up to 1500 KM refund 30% ticket price

between 1500 KM and 3500 KM refund 50% ticket price

over 3500 KM refund 75% ticket price

 

 

Complaint Modes

Any complaints must first be submitted to the airline with which the passenger has concluded the contract of carriage.

If no adequate response is provided within six weeks, a complaint may be made:

 

  • to the Enac offices of the national airport where the event took place, or where the flight landed due to inefficiencies outside the European Union, Norway, Iceland and Switzerland;
  • to the responsible bodies of the States of the European Union, Norway, Iceland and Switzerland for flights departing from and arriving in those States.

 

Pursuant to article 14.2 of Regulation 261/2004, we inform you that the National Body responsible for the application of the same regulation in Italy is the National Civil Aviation Authority, whose contact details are given below:

 

ENAC - National Civil Aviation Authority

Viale Castro Pretorio 118

00185 Rome

Italy

Tel +39 0644596268

 

cartadiritti@enac.gov.it

 

https://www.enac.gov.it/