HAS THIS HOLIDAY BEEN MISTREATED AND YOUR FLIGHTS BOOKED WITHOUT NOTICE HAVE BEEN CANCELLED?
It is understood as cancellation of aflight, the non-performance of a scheduled flight and in which there was at least reserved a place. In case of flight cancellation, passengers are entitled to automatic financial compensation, ticket refundors or alternative transport.
Cancellation of the flight always entails the right to a refund or alternative transport. Passengers will be able to choose from the following 3 options that the carrier must offer:
- Refund in seven days of the full cost of the ticket in the price at which it was purchased, corresponding to the part of the trip not made or the part of the trip made if the flight is no longer reason to be. Where appropriate, also proceed, a flight back to the first starting point as quickly as possible. The refund may be made in cash, by electronic bank transfer, bank transfer, check or, by agreement signed by the passenger, travel vouchers or other services, or
- Driving to final destination under comparable transport conditions as quickly as possible, or
- Driving to final destination, under comparable conditions of carriage, at a later date that suits the passenger, depending on the available seats.
In the event that a city or region has several airports, if the flight offered by the carrier is to an airport other than that for which the booking was made, the carrier must bear the costs of transporting the passenger from that second airport , either to the airport for which the booking was made or to another nearby location agreed with the passenger.
There are different reasons for exempting the airline from the payment of such compensation:
- The flight has been cancelled due to extraordinary circumstances:
In accordance with Regulation (EC) 261/2004, extraordinary circumstances may be considered to be cases of political instability, weather conditions incompatible with the performance of the flight, safety risks, unexpected deficiencies in the flight safety and strikes affecting the operations of a flight carrier. Extraordinary circumstances are also considered to be the case where the impact of an air traffic management decision (in relation to a given aircraft and on a given date) results in a long delay, a delay from one day to the next or cancellation of one or more flights of the aircraft, even if the air carrier has made every effort to avoid such delays or cancellations.
- Information in advance:
There is also no right to compensation if the air carrier in charge of the flight has informed passengers of the cancellation well in advance.
No compensation shall be taken in the following cases:
1. If you were informed of the flight cancellation at least two weeks in advance.
2. If you are informed of the flight cancellation between two weeks and seven days prior to the flight departure and the new flight offered by the company departs 2 hours at most from the scheduled departure time and arrives at the final destination with less than four ho delay from the expected arrival time.
3. If you were informed of the flight cancellation on the day of your departure or less than 7 days in advance of the flight and the new flight offered by the company departs 1 hour in advance as the maximum originally planned and arrives at your final destination less than 2 hours of delay than expected.
How is financial compensation made?
If you are entitled to compensation, the company must pay you cash compensation, check or transfer. You can accept company bonds instead of money, but you are not required to do so.
What should be the amount of my compensation?
- In distances between 0 to 1,500 Km will correspond 250 euros for intra-Community and non-EUflights.
- And in distances between 1,500 to 3,500 km, you are paid for intra-Community and non-Community flights of 400 euros.
- When the distance exceeds more than 3,500 km, compensation for intra-Community flights of 400 euros and an indemicity for extra-Community flight of 600 euros shall apply.
Do you need help managing your claim with the airline or are you in doubt in your specific case? In Toscano Lex we can advise you on all aspects of your trip, as well as managing your claims so that you only have to worry about organizing the next vacation getaway, leaving our office at your disposal.
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