INFORMATION ON PASSENGERS’ RIGHTS IN THE EVENT OF DENIED BOARDING, FLIGHT CANCELLATION AND DELAY

REFERENCE LEGISLATION: 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

• DENIED BOARDING: THE PASSENGER IS NOT BOARDED DUE TO OVERBOOKING
• FLIGHT CANCELLATION: OCCURS WHEN THE FLIGHT IS NOT OPERATED
• FLIGHT DELAY: OCCURS WHEN THE DEPARTURE OF THE AIRCRAFT IS DELAYED WITH RESPECT TO THE SCHEDULED DEPARTURE TIME

The regulation applies

• to flights (scheduled, charter, low-cost) departing from a Community airport
• to flights (scheduled, charter, low-cost) departing from an airport located in a non-Community country to a Community airport, only if the airline is a Community carrier and unless benefits have already been granted under local regulations

Passengers are entitled to these forms of protection if they

• possess an airline ticket
• have a confirmed reservation
• present themselves for check-in in the manner and at the time indicated by the airline, the tour operator or an authorised travel agent or, in the absence of indications, no later than forty-five minutes before the published departure time

Protections are also provided if the airline or tour operator transfers the passenger from the booked flight to another flight, regardless of the reason. Following passengers are not entitled to such protections:

• passengers travelling free of charge or at a reduced fare that is not accessible, directly or indirectly, to the general public (e.g. employees of airlines, travel agencies or tour operators)
• passengers who are denied boarding for health or safety reasons or in the case of invalid travel documents

FORMS OF PROTECTION FOR DENIED BOARDING

The airline initially APPEALS FOR VOLUNTEERS to check whether there are any volunteers among the passengers willing to give up their seats in exchange for benefits to be agreed.

If there are no volunteers, the passenger who is denied boarding is entitled to receive from the airline:

• COMPENSATION calculated on the basis of the route (intra-Community or international) and the

Travelled distance:

• INTRA-COMMUNITY FLIGHTS LESS THAN OR EQUAL TO 1500 KM: euro 250
• INTRA-COMMUNITY FLIGHTS OVER 1500 KM: euro 400
• INTERNATIONAL FLIGHTS LESS THAN OR EQUAL TO 1500 KM: euro 250
• INTERNATIONAL FLIGHTS BETWEEN 1500 KM AND 3500 KM: euro 400
• INTERNATIONAL FLIGHTS OVER 3500 KM: euro 600

The airline may reduce the amount of compensation by 50% in the event that the passenger is offered the possibility of travelling on an alternative flight whose arrival time does not exceed two, three or four hours respectively with respect to the flight originally booked.

The compensation shall be paid in cash, by electronic bank transfer, by bank deposits or cheques or, by agreement with the passenger, in travel vouchers and/or other services, irrespective of the amount of the price at the time of purchase of the ticket.

• REIMBURSEMENT of the ticket price for the part of the journey not made

or alternatively

• A RETURN FLIGHT as soon as possible or at a later date more convenient for the passenger, under comparable travel conditions

• ASSISTANCE:
  • meals and refreshments in relation to the waiting time
  • appropriate hotel accommodation, in case one or more overnight stays are necessary
  • transport from the airport to the place of accommodation and vice versa
  • two telephone calls or messages by telex, fax or e-mail

Persons with reduced mobility and any accompanying persons, as well as unaccompanied children, have priority in receiving assistance.

FORMS OF PROTECTION FOR FLIGHT CANCELLATIONS

In the event of flight cancellation, the passenger is entitled to

• REIMBURSEMENT of the ticket price for the part of the journey not made

or alternatively

• RE-ROUTING as soon as possible or at a later date more convenient for him, under comparable travel conditions

• ASSISTANCE:
  • meals and refreshments in relation to the waiting time
  • appropriate hotel accommodation, in case one or more overnight stays are necessary
  • transport from the airport to the place of accommodation and vice versa
  • two telephone calls or messages by telex, fax or e-mail

Persons with reduced mobility and any accompanying persons, as well as unaccompanied children, have priority in receiving assistance.

• IN CERTAIN CASES, ALSO COMPENSATION calculated on the basis of the route (intra-Community or international) and the distance travelled:

• INTRA-COMMUNITY FLIGHTS LESS THAN OR EQUAL TO 1500 KM: euro 250
• INTRA-COMMUNITY FLIGHTS OVER 1500 KM: euro 400
• INTERNATIONAL FLIGHTS LESS THAN OR EQUAL TO 1500 KM: euro 250
• INTERNATIONAL FLIGHTS BETWEEN 1500 KM AND 3500 KM: euro 400
• INTERNATIONAL FLIGHTS OVER 3500 KM: euro 600

The airline may reduce the amount of compensation by 50% in the event that the passenger is offered the possibility of travelling on an alternative flight whose arrival time does not exceed two, three or four hours respectively with respect to the flight originally booked.

The compensation shall be paid in cash, by electronic bank transfer, by bank deposits or cheques or, by agreement with the passenger, in travel vouchers and/or other services, irrespective of the amount of the price at the time of purchase of the ticket.

COMPENSATION IS NOT DUE in the event that

• the airline can prove that the cancellation of the flight was caused by exceptional circumstances: e.g. adverse weather conditions, security alerts, strikes
• the passenger was informed of the cancellation
• with at least two weeks' notice
• between two weeks and seven days before the date of departure and if an alternative flight is offered with departure no more than two hours before the originally scheduled time and arrival at the final destination no more than four hours after the originally scheduled time
• less than seven days before and in the event that an alternative flight is offered with departure no more than one hour before the originally planned departure time and arrival at the final destination no more than two hours after the originally planned arrival time

FORMS OF PROTECTION FOR LONG FLIGHT DELAYS

Passengers are entitled to:

• ASSISTANCE:
  • meals and refreshments in relation to the waiting time
  • appropriate hotel accommodation, in case one or more overnight stays are necessary
  • transport from the airport to the place of accommodation and vice versa
  • two telephone calls or messages by telex, fax or e-mail

THE RIGHT TO ASSISTANCE is recognised according to the route (intra-Community or international) and the distance travelled:

• INTRA-COMMUNITY FLIGHTS LESS THAN OR EQUAL TO 1500 KM: flight delay of at least 2 hours
• INTRA-COMMUNITY FLIGHTS OVER 1500 KM: flight delay of at least 3 hours
• INTERNATIONAL FLIGHTS LESS THAN OR EQUAL TO 1500 KM: flight delay of at least 2 hours
• INTERNATIONAL FLIGHTS BETWEEN 1500 KM AND 3500 KM: flight delay of at least 3 hours
• INTERNATIONAL FLIGHTS OVER 3500 KM: flight delay of at least 4 hours

Persons with reduced mobility and any accompanying persons, as well as unaccompanied children, have priority in receiving assistance.

• CANCELLATION OF FLIGHT: if the delay is at least five hours, the passenger has the possibility of cancelling the flight without having to pay penalties and of obtaining a refund of the ticket price for the part of the journey not made.

As established by a ruling of the European Court of Justice in November 2009, in the event that passengers, due to a delay, reach their destination more than three hours later than the published arrival time, they may be entitled to the compensation provided for certain cases of flight cancellation.

This right, however, is waived if the airline proves that the long delay occurred due to exceptional circumstances.

The Carrier, in order to reduce the time and legal costs involved in settling claims, favours the amicable settlement of disputes through the use of alternative systems to that of legal proceedings, including through remote means of communication, inviting passengers to join in person or through the assistance of the European Consumer Centres Network, which can also be contacted for information on passengers' rights, by consulting the website address www.ecc-netitalia.it.