The Passenger's rights in the scope of the EU 261/2004 Regulation

 

What rights does a passenger have in case of flight delay?

 

According to the EU 261/2004 Regulation, international treaties and the legislation of the Republic of Armenia, in case of a flight delay the Passenger has a right to

• Reject the flight and get a full compensation of the initial ticket value or request to book a new ticket at a suitable date.
• Demand to get all the services provided by the contract of carriage.
• Demand compensation for the damages caused by the flight delay (if evidences exist).

 

The Passenger can get a compensation for at least 3 hours delay. If the Passenger was notified about the flight delay 14 days before the flight and the ticket price was fully compensated or was provided an alternative flight, a refund is not disposed.

 

Compensation for flight delay in Armenia

 

In Armenia in case of a flight delay the airline compensates the Passenger according to the EU 261/2004 Regulation, international treaties and the legislation of the Republic of Armenia.

 

In case of a flight cancellation according to the current legislation of the Republic of Armenia, certain  assistance is provided to the Passenger

 

RA Civil aviation act 63

 

The carrier is responsible to take care of the Passenger in case of  a delay from the time indicated on the ticket and provide the following

1. in 2 hours delay with meals
2. in 4 hours delay with  communication means and opportunities
3. in 8 hours delay with accommodation

 

The carrier is responsible for any damage or harm caused to the passengers, registered luggage or cargo because of the delay with the exception of the cases provided by provisions 6 and 7 of this article.

 

The carrier is not responsible if it is proven that its agents undertook all the necessary measures or that it was impossible to take such measures.

 

The carrier may not be liable or the liability can be limited, if it is proven that the person to whom the damage was caused contributed to it by own negligence.

 

EC 261-2004 Regulation

 

EC 261-2004 Regulation was adopted in February 11, 2014 by the European Parlamaint and by the EU member countries. The regulation establishes common rules in case of flight delay, cancellation or boarding denial.  The regulation applies to the airlines and airline carriers registered in the European Union, as well as to non-EU airlines that depart from the airports located in the territory of EU. The Regulation went into force on 17 February 2005.

 

The Regulation is comprised of an Introduction and 19 articles that regulate airline-Passenger relationship in case of a flight delay, cancellation and boarding denial. It includes the following sections

1. Flight delay
2. Flight cancellation
3. Boarding denial

 

EC 261-2004 Regulation defines the airline's responsibilities towards the passengers in case of flight delay, cancellation and boarding denial. The regulation obligates the airline or a person/entity to compensate the Passenger depending on the flight distance.

• 250 euro for flight distances till 1500 km
• 400 euro for flight distances between 1500 km-3500 km
• 600 euro for flight distances from 3500 km

 

Airline Responsibilities

 

What are the responsibilities of the airline in case of a flight cancellation for more than 3 hours?

 

According to the 261/2004 Regulation, in case of delayed flights for more than 3 hours, the airlane is obligated to cover one of the following conditions or several of them, depending on the circumstances and delay time.

1. An alternative flight at the earliest opportunity.
2. Booking of a new ticket at the date suitable for the Passenger (taking into account the Passenger's wish).
3. Compensation for unfulfilled duties
4. Partial or full compensation of the ticket value

 

In case  of  a flight delay for 3 and more hours the airline is obligated to pay cash compensation to the Passengers , if the airline is responsible for the delay and if  necessary evidence is available.

 

In case  of  a flight delay for 6 and more hours the airline is obligated to provide hotel accommodation and transport between the airport and the hotel.

 

What are the responsibilities of the airline in case of flight cancellation?

 

According to the EU 261/2004 Regulation, the airline responsible for the flight cancellation must

• Re-route the Passenger to the same destination by an aircraft of the same or another airline.
• Fulfill all the responsibilities defined by the contract of carriage (provide with meals, refreshments, two e-mails and depending on the cancellation period a hotel accommodation).
• Full cash compensation of the ticket price within 7 days, if the cancellation was made 14 days before the flight.
• The Passenger is entiteled to get compensation if he/she was notified about the flight cancellation less than 14 days before the flight and he/she was not provided with an alternative flight.

 

Airlines registered in the European Union are also obligated to compensate the passengers in case of transit flights’ cancellation or delay, even if the transit flight is made by a non-European carrier. Anyhow, in this case the ticket must be purchased by a single booking and the primary departure should be from EU-registered airport.