AIR TRANSPORT___
Denied boarding compensation Regulation
On 26 January 2004 the Council adopted Regulation EEC/261/2004 on common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights, repealing the existing Regulation EEC/295/91. The new Regulation strengthens the rights of passengers denied boarding and introduces new rights in case of cancellation or delay of flights. It will apply to scheduled as well as non-scheduled flights, thus including air transport sold as part of a package tour. The new Regulation will enter into force on 17 February 2005.
The most important provisions include the following:
- In the case of denied boarding:
- The operating air carrier is obliged to call for volunteers to surrender their reservation in exchange for benefits agreed between the passenger and the air carrier;
- If nevertheless denied boarding, a passenger has the following rights:
- compensation: a) 250€ for flights of less than 1.500 km; b) 400€ for intra-Community flights of more than 1.500 km or all other flights between 1.500 km and 3.500 km; c) 600€ for all flights not falling under (a) or (b), and
- choice between alternative flight and reimbursement of ticket, and
- care while waiting (refreshments, meals, hotel accommodation if necessary).
Compensation amounts can be halved depending on the arrival time of the alternative flight in