Air passengers' rights: other important provisions

With reference to air transportation, there are other important provisions that must be taken into account. For example, the application of the protections offered by Regulation 261/2004 in cases of overbooking, cancellation or delay of a flight, does not exclude passengers’ right to take legal action before a competent judge. Passengers are entitled to be informed in advance about the airline operating the flight in cases where it is different from the one with which they booked their flight (so-called ‘codeshare flight’).

Air passengers’ rights: other important provisions

The application of the protections offered by Regulation 261/2004 in cases of overbooking, cancellation or delay of a flight, does not exclude passengers’ right to take legal action before a competent court.

Besides the compensation in the fixed amounts determined by the Regulation, under art. 12 of the same act, passengers have the right to claim further compensation, if applicable (e.g. if passengers incurred expenses for € 300 but are entitled only to € 250, they may request the difference of € 50). The compensation granted under this Regulation may be deducted from such compensation, unless passengers have voluntarily surrendered their reservation.

In case the airline staff is unable or refuses to provide care and assistance at the time of the delay, cancellation or overbooking, passengers have the right to personally organize care and assistance for themselves, keeping all receipts in order to prove the expenses, and ask the airline company to reimburse them at a later date.

Passengers are entitled to be informed in advance about the airline operating the flight in cases where it is different from the one with which they booked their flight (so-called ‘codeshare flight’). If passengers end up flying with another air carrier, the nationality of the air carrier operating the flight should be taken into consideration in order to establish if the Regulation applies to the case.

In many cases of delay, airlines will provide passengers with vouchers to buy food and drink.

In accordance with art. 15 of the Regulation, if passengers have not been correctly informed of their rights and for that reason have accepted compensation at a lower amount than that provided for in Regulation 261/2004, they shall still be entitled to take the necessary proceedings before the competent courts or bodies in order to obtain additional compensation, unless the time to initiate the action has expired according to the law of the country where the action should take place.

With reference to infants on an infant fare, although there is not a specific rule on this issue, it is believed that compensation should be payable at the same rate as that of adults.

Where Regulation 261/2004 does not apply, passengers should be protected by the laws in force in the country of departure of the flight.