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Denied boarding

General conditions for getting denial compensation

 

In case of boarding denial from the airline, the compensation should be claimed by submitting an online claim through the Passenger.am website to be addressed to the airline and Passenger will sign the relevant power of attorney and attach electronically the following documents;

 

  1. The ticket, with the ticket booking information
  2. The copy of a valid passport (2-5 pages in PDF format)
  3. The receipts and boarding passes when available

 

The reasons for boarding denial can be

 

  • The absence of a free seat
  • Technical reasons
  • The change in the size of the plane
  • Overbooked plane
  • Other reasons

 

It shall be noted that the airline is not responsible for services that are under the complete jurisdiction of the airport. Furthermore, the airline is not responsible for the denials to cross the border or denied boarding from the control state bodies or physical persons.

 

What factors do affect the size of the compensation payment?

 

If the airline’s responsibility is proved, then the latter is obliged to provide compensation for unfulfilled responsibilities and damage caused to the Passenger. In this case for determining the size of refund, is applied the same mechanism as in the case of flight delay.

 

In case of boarding denial, the compensation size is determined according to the EU Regulation (261/2004), international treaties and the legislation of the Republic of Armenia.

 

The compensation size depends on the following factors:

 

  1. The carriage contract signed and applicable with the airline and its provisions
  2. Flight distance

 

The passenger is entitled to:

 

  • Choose the flight suggested by the airline or reject it.
  • Receive a full compensation of the ticket value. The denied boarding, as a rule, takes place at the airport on the flight day during boarding or several hours before check-in registration.

 

Airline Responsibilities in case of denied boarding

 

In case of denied boarding, according to the European Union Regulations, also in case of some non-EU registered airlines, according to the EU Regulations the following solutions can be applied:

 

  1. By notifying the passenger 7-14 days before the flight day, the airline is obliged to pay back the passenger at least the half of the ticket value or suggest an alternative flight with the condition of following certain terms.
  2. By informing less than 7 days before the flight day, the airline is obliged to pay a compensation of 250-600 euros, depending on the flight distance. The same is applied if in case of an alternative flight the passenger reaches the destination 2 hours later than in case of the arrival time of the initial flight.
  3. The airline is obliged to make the compensation maximum in 8 weeks, although, in practice there is a tendency of systematically violating these dates.

 

In case of denied boarding the airline is obliged to fulfill the following conditions;

 

  • Provide the passenger with a boarding denial explanation.
  • Suggest the Passenger to make a flight by the same or another airline’s plane (which the Passenger can reject).
  • Compensate fully the value of the initial ticket, if the Passenger on his own gets a ticket at a reasonable price and conditions.

 

How to make a claim and receive compensation for denied boarding

 

For getting compensation from the airline, the Passenger through the Passenger.am website, should submit the same online claim as in case of flight delay or cancellation.

 

What to do if you were denied boarding at the airport?

In case you were denied boarding at the airport, they are obliged to

  • Provide explanation for boarding denial
  • Suggest you to make a flight by the airplane of the same or another airline

Waiting for the alternative airplane depending on the chosen direction can last from several hours to several days. In this case the airline is obliged to take a proper care of you: in case of 2 hours waiting the airline is obliged to provide the passengers with refreshments, in case of 4 hours – meals, in case of 8 hours waiting – a hotel accommodation and transport between the airport and the hotel. Meanwhile, the airline (some airlines) is obliged to provide luggage maintenance.

How to get compensation in case of boarding denial?

In case of boarding denial to get a compensation from the airline you need to submit an online claim through Passenger.am website  - the same claim as in the case of flight delay or cancellation, providing information about the situation.

How much cash compensation is it possible to get for boarding denial?

In case of boarding denial the compensation size is determined according to the EU 261/2004 Regulation, international treaties and the legislation of the Republic of Armenia.

The compensation size depends on the contract of carriage signed with the airline, a number of national and international legal instruments.

The airline or other responsible person compensates the Passenger according to the flight distance.

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

Which are the cases when compensation for boarding denial is provided?

In case of boarding denial there is a chance to get compensation to the directions regulated by the European Union legislation. Therefore, you are eligible to get boarding denial compensation, if

  1. The air carrier is registered in the European Union or the incident took place during the departure from the airport located in the territory of the European Union.
  2. The airline is responsible for the boarding denial.

Which are the cases when no compensation is provided for boarding denial?

Compensation is not provided in case of boarding denial in the following cases

  1. If the boarding denial was due to ''extraordinary circumstances''
  2. If the airline informed the Passenger about the boarding denial and introduced the reasons of the denial and compensated the initial price of the ticket.
  3. If the Passenger's documents are incomplete or invalid.