Denied boarding (overbooking), cancellation, and long delay of flights: air passengers’ rights

Under Regulation (EC) no. 261/2004 of the European Parliament and of the Council dated February 11, 2004, in the event of denied boarding (overbooking), cancellation, and long delay of flights, passengers may be entitled, in addition to assistance, also to a refund and/or compensation that can go from € 250 to € 600.

Denied boarding (overbooking), cancellation, and long delay of flights: air passengers’ rights

Under Regulation no. 261/2004, in the event of denied boarding (overbooking), cancellation, and long delay of flights, passengers

departing from an Italian airport (or any other airport situated in the EU including Iceland, Norway and Switzerland), regardless of the nationality of the air carrier and of the final destination (e.g. Milan >> Berlin with any airline; Rome >> New York with any airline); or

departing from an airport located in a non-EU country and going to an Italian airport (or any other airport situated in the EU), if the operating air carrier of the flight concerned is European (e.g. New York >> Rome with Alitalia)

may be entitled, in addition to assistance, also to a refund and/or compensation that can go from € 250 to € 600.*

The EU nationality of the passenger is not a requirement.

To qualify passengers must:

(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation, present themselves for check-in as indicated by the air carrier, the tour operator, or the authorized travel agent (if no time is indicated, no later than 45 minutes before the published departure time); or

(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.

Under EU provisions, the period within which passengers can request compensation varies from State to State. For Italy is two (2) years from the occurrence of overbooking, cancellation, or delay of the flight of interest.

Passengers can request a refund/compensation simply by going onto the website of the airline company of interest and filling out a form, or sending a request via email or via regular mail.

In this phase, there is no need of assistance by a professional and the airline company should pay what is due including all further expenses which passengers incurred.

*This Regulation applies to passengers having tickets issued under a frequent flyer programme or similar, but shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.