INFORMATION ON PASSENGER RIGHTS IN CASES OF DENIED BOARDING, CANCELLATION AND DELAY OF FLIGHT
The relevant legislation is the Regulation (EC) 261/20004 of the European parliament and of the Council, of February 11, 2004, that establishes common rules with regard to compensation and assistance to passengers in case of denied boarding, flight cancellation and prolonged delay that repeals Regulation EC 295/91.
- DENIED BOARDING: is the Airline Company refusal to carry a passenger due to overbooking
- FLIGHT CANCELLATION: in the event of non-operation of a flight
- PROLONGED DELAY: when a flight’s departure is delayed in relation to its scheduled departure time
The following form of protections shall apply to:
• Any flight (charter, commercial, low cost), departing from an EU airport.
• Any flight (charter, commercial, low cost), departing from an airport in a third country to an airport in the EU, when the flight is operated by a Community air carrier, unless you received benefits or compensation provided from the local regulations
• any passenger with a ticket
• any passenger with a confirmed reservation
• that presents himself for the check-in as stipulated by the Airline Company, the Tour Operator, or by a travel agent or, in writing, or, if no time is indicated not later than 45 minutes before the published departure time.
The following form of protections are provided also when the Airline Company or the Tour Operator shall transfer the passenger from the booked flight to another regardless of the reason.
Compensation and assistance are not provided for:
• passengers flying with a reduced fare not available, directly or indirectly to the public, (for example for airline companies, travel agencies, or tour operator employees)
• passengers to whom the boarding is denied for health or security reasons, or in case of invalid documents.
RULES FOR COMPENSATION AND ASSISTANCE IN CASE OF DENIED BOARDING
CALL FOR VOLUNTEERS: Before Neos denies boarding for a flight, Neos willl call for volunteers willing to give their reservation to in return for benefits under conditions agreed
If there are no voluteers, passenger with denied boarding is entitled to receive from the airline company a compensation based on the route (intra-Community and international) and to the covered distance:
- EUR 250 for all intra-Community flights of 1500 km or less
- EUR 400 for all intra-Community flights of more than 1500 km
- EUR 250 for all international flights of 1500 km or less
- EUR 400 for all international flights between 1500 and 3500 km
- EUR 600 for all international flights of more than 3500 km
Neos may reduce the compensation described above by 50% when you are offered re-routing to your final destination on an alternative flight whose arrival time does not exceed the scheduled arrival time of the flight originally booked by two, three or four hours.
Refund can be paid in cash, by electronic bank transfer, bank orders or bank cheques, with your agreement, by travel vouchers and/or other services regardless of the price at which it was bought.
- TICKET REFUND for the part of the journey not performed.
Or
- RE-ROUTING to your final destination at the earliest opportunity or at a later date, at your convenience, under comparable transport conditions.
- ASSISTANCE:
- meals and refreshments in a reasonable relation to the waiting time
- hotel accommodation, where a stay of one or more nights becomes necessary.
- Transport between the airport and place of accommodation and vice versa.
- Two telephone calls, telex or via fax message, or e-mails.
People with reduced mobility and their companion as well as unaccompanied minor, are entitled to take precedence in receiving assistance.
RULES FOR COMPENSATION AND ASSISTANCE IN CASE OF FLIGHT CANCELLATION
If your flight is cancelled Neos will offer you the following assistance:
- TICKET REFUND for the part of the journey not performed.
Or
- RE-ROUTING to your final destination at the earliest opportunity or at a later date, at your convenience, under comparable transport conditions.
- ASSISTANCE
- meals and refreshments in a reasonable relation to the waiting time
- hotel accommodation, where a stay of one or more nights becomes necessary.
- Transport between the airport and place of accommodation and vice versa.
- Two telephone calls, telex or via fax message, or e-mails.
People with reduced mobility and their companion as well as unaccompanied minor, are entitled to take precedence in receiving assistance.
- IN SOME CASES you are entitled also to compensation as follows:
- EUR 250 for all intra-Community flights of 1500 km or less
- EUR 400 for all intra-Community flights of more than 1500 km
- EUR 250 for all international flights of 1500 km or less
- EUR 400 for all international flights between 1500 and 3500 km
- EUR 600 for all international flights of more than 3500 km
Neos may reduce the compensation described above by 50% when you are offered re-routing to your final destination on an alternative flight whose arrival time does not exceed the scheduled arrival time of the flight originally booked by two, three or four hours.
Refund can be paid in cash, by electronic bank transfer, bank orders or bank cheques, with your agreement, by travel vouchers and/or other services regardless of the price at which it was bought.
COMPENSATION SHALL NOT BE DUE when:
- Neos can prove that the cancellation is caused by extraordinary circumstances: for example meteorological conditions, incompatible with the flight’s operation, security risks and strikes.
- you are informed of the cancellation at least two weeks before the scheduled departure time.
- you are informed of the cancellation between two weeks and seven days before scheduled departure time and you are offered re-routing, allowing you to depart no more than two hours before the scheduled departure time and to reach your final destination less than four hours after the scheduled arrival time.
- you are informed of the cancellation less than seven days before the scheduled departure time and are offered re-routing, allowing you to depart no more than one hour before the scheduled departure time, allowing you to reach your final destination no more then two hours after the scheduled arrival time.
FORMS OF PROTECTION FOR PROLONGED FLIGHT DELAY
In case of prolonged flight’s delay passenger has the right to receive:
- ASSISTANCE:
- meals and refreshments in a reasonable relation with the waiting time.
- hotel accommodation where a stay of one or more nights becomes necessary.
- Transport between the airport and place of accommodation and vice versa.
- Two telephone calls, telex or via fax message, or e-mails.
YOU WILL BE ENTITLED OF ASSISTANCE depending on the flight’s route (intra-Community or international flight) and on the covered distance:
- All intra-Community flights of 1500 km or less: flight’s departure delay of at least two hours.
- All intra-Community flights of more than 1500 km: flight’s departure delay of at least three hours.
- All international flights of 1500 km or less: flight’s departure delay of at least two hours.
- All international flights between 1500 and 3500 km: flight’s departure delay of at least three hours.
- All international flights of more than 3500 km: flight’s departure delay of at least four hours.
People with reduced mobility and their companion as well as unaccompanied minor, are entitled to take precedence in receiving assistance.
If the delay is at least five hours, you have the right to decide not to travel without penalty and to obtain full compensation of the cost of your ticket for he part of the journey not performed.
As provided for by a Judgment of the European Court of Justice of November 2009, when passengers should reach their destination, with more than three hours later than the scheduled arrival time, due to a flight’s delay, they could be entitled of compensation provided in some flight cancellation cases.
This compensation should be limited or excluded when Neos is able to demonstrate that the delay is due to extraordinary circumstances.
The Airline, in order to save time and legal costs in the resolution of complaints, promotes the amicable settlement of disputes through the use of alternative systems to judicial litigation, including through remote means of communication, inviting passengers to join in personally or through the assistance of the European Consumer Centers Network, which can also be contacted for information on passengers' rights, by consulting the website
https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_it
