The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form. Denied boarding and cancellation or long delay of flights cause serious trouble and inconvenience to passengers. to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier. as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, not later than 45 minutes before the published departure time; or. The Commission should analyse the application of this Regulation and should assess in particular the opportunity of extending its scope to all passengers having a contract with a tour operator or with a Community carrier, when departing from a third country airport to an airport in a Member State. This regulation is only applicable to areas under EU member state jurisdictions. 1.In case of cancellation of a flight, the passengers concerned shall: (a)be offered assistance by the operating air carrier in accordance with Article 8; and, (b)be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and. 2.When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport. This Regulation shall only apply to passengers transported by motorised fixed wing aircraft. 2.When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked, (a)by two hours, in respect of all flights of 1500 kilometres or less; or, (b)by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or. When it comes to EU Passenger Rights, EC 261/2004 is a regulation in European Union law that favors the passenger. Delay. In particular, this Regulation shall in no way restrict the operating air carrier's right to seek reimbursement from a tour operator or another person with whom the operating air carrier has a contract. This Regulation shall apply to any operating air carrier providing transport to passengers covered by paragraphs 1 and 2. European regulations. The number of passengers denied boarding against their will should be reduced by requiring air carriers to call for volunteers to surrender their reservations, in exchange for benefits, instead of denying passengers boarding, and by fully compensating those finally denied boarding. After exit day there will be three versions of this legislation to consult for different purposes. The Flight Compensation Regulation is a regulation in EU law establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights.It requires compensation of €250 to €600 depending on the flight distance for delays over of at least 2 hours, cancellations, or being denied boarding from overbooking. It holds airlines financially accountable when air travel takes an unexpected turn, so long as the disruption was not caused by circumstances outside of the airline’s control. Responsible for the granting of your rights is the operating air carrier. 3.If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9. Der Flug startet außerhalb der EU, landet aber innerhalb der EU und wurde von einer Fluggesellschaft mit Sitz innerhalb der Europäischen Union ausgeführt. In what situations does the Regulation apply? EUclaim nutzt Cookies, um Ihnen den bestmöglichen Service zu ermöglichen. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport. This in turn means thata passenger has to be departing from an airport which falls in alocation where the act applies. Where reference is made to this Article, passengers shall be offered the choice between: - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket 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 if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or. 1.Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. Regulation 261/2004 provides for a fixed sum compensation in circumstances of cancellations and long delays. The amount of compensation is up to 600€. This is the original version (as it was originally adopted). This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Each Member State shall designate a body responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. The document: Definition of Regulation (EC) No. Ihre Frage wird nicht in unseren FAQ beantwortet? The sanctions should be effective, proportionate and dissuasive. 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 … Scenario #1 – The government decides to retain the current EC 261/2004. 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 (Text with EEA relevance). Volunteers should also be able to cancel their flights, with reimbursement of their tickets, or continue them under satisfactory conditions, since they face difficulties of travel similar to those experienced by passengers denied boarding against their will. Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations. 4.The distances given in paragraphs 1 and 2 shall be measured by the great circle route method. 3.In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children. 261/2004 des Europäischen Parlaments und des Rates. What Flights Are Covered by the EU Regulation 261/2004? Application of this Regulation to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive. Over the last few years, the European Commission has been under pressure to revise the EU air passenger rights legislation (EU Regulation No 261/2004) due to: the volcanic ash crisis of 2010. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. Without prejudice to Article 12, each passenger may complain to any body designated under paragraph 1, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from a third country to an airport situated on that territory. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph. Under EU Regulation 261/ 2004, passengers whose flight has been delayed more than 3 hours are eligible for compensation between €250 and €600 depending on the flight distance. Care for passengers awaiting an alternative or a delayed flight may be limited or declined if the provision of the care would itself cause further delay. 2.If, nevertheless, such a derogation or restrictive clause is applied in respect of a passenger, or if the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in this Regulation, the passenger shall still be entitled to take the necessary proceedings before the competent courts or bodies in order to obtain additional compensation. The EC Regulation 261/2004 act initiates from February 17, 2005 and provide flight passengers with a process to handle such unexpected events. In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the law applicable. EU Regulation 261/2004 Guide to Get Compensated for Cancelled Flights. Opinion of the European Parliament of 24 October 2002 (OJ C 300 E, 11.12.2003, p. 443), Council Common Position of 18 March 2003 (OJ C 125 E, 27.5.2003, p. 63) and Position of the European Parliament of 3 July 2003. The EU regulation 261/2004 is concerned with the following: It is intended for passengers who suffer delayed or cancelled flights, overbooking or denied boarding. Wenn Sie auf unserer Seite weitersurfen, stimmen Sie der Cookie-Nutzung zu. 1.Where reference is made to this Article, passengers shall receive compensation amounting to: (a)EUR 250 for all flights of 1500 kilometres or less; (b)EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; (c)EUR 600 for all flights not falling under (a) or (b). This Regulation shall enter into force on 17 February 2005. 2.In cases of denied boarding, cancellation and delays of any length, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to care in accordance with Article 9 as soon as possible. - the possible extension of the scope of this Regulation to passengers having a contract with a Community carrier or holding a flight reservation which forms part of a "package tour" to which Directive 90/314/EEC applies and who depart from a third-country airport to an airport in a Member State, on flights not operated by Community air carriers. Regulation 261/2004/EC provides for cases where there are grounds for a carrier to deny boarding. This Regulation shall not apply in cases where a package tour is cancelled for reasons other than cancellation of the flight. 1.This Regulation establishes, under the conditions specified herein, minimum rights for passengers when: (a)they are denied boarding against their will; 2.Application of this Regulation to Gibraltar airport is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated. 1.If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment. The compensation granted under this Regulation may be deducted from such compensation. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means. For contact details of EU 261 National Enforcement Bodies (NEBs), please click here if online or enquire at the Ryanair airport ticket desk This notice contains important information about your rights established by European Regulation (EC) No. "air carrier" means an air transport undertaking with a valid operating licence; "operating air carrier" means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger; "Community carrier" means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers(, "tour operator" means, with the exception of an air carrier, an organiser within the meaning of Article 2, point 2, of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours(. Tarmac Delay Plan . We call it EU 261 to make it shorter. The report shall be accompanied where necessary by legislative proposals. EU 261 covers all of the EU airspace. This Regulation should not restrict the rights of the operating air carrier to seek compensation from any person, including third parties, in accordance with the law applicable. This should be achieved by inducing carriers to inform passengers of cancellations before the scheduled time of departure and in addition to offer them reasonable re-routing, so that the passengers can make other arrangements. Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. Leider sind wir derzeit telefonisch nicht erreichbar. vom 11. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket. The Community should therefore raise the standards of protection set by that Regulation both to strengthen the rights of passengers and to ensure that air carriers operate under harmonised conditions in a liberalised market. Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. The compensation granted under this Regulation may be deducted from such compensation. In what situations does the Regulation apply? (iii)when the delay is at least five hours, the assistance specified in Article 8(1)(a). 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