The\ninternational carriage of passengers by air, as the mode of transport that most\nsuits the needs of modern times, is also regulated within the framework of the European\nUnion law. The expansion of this mode of passenger transport has led the\nEuropean Union’s legislative bodies to undertake the process of creating and\nshaping communitarian law by adopting regulations that ensure a significant\nlevel of air passenger rights. The Regulation no. 261\/2004 was adopted as a\nresult of the actions of the European Parliament and the Council of Ministers\nof the European Union who, under the Maastricht Treaty, were entrusted a\nlegislative function. This Regulation stipulates the general rules for\ncompensation and assistance to passengers in the event of denied boarding or\nextended flight delays.<\/p>\n\n\n\n
A reason\nfor the adoption of the Regulation lies in the Member States’ intention to\neliminate or at least significantly reduce the negative consequences of denied\nboarding and delayed or cancelled flights, by raising the standards of\npassenger rights. The importance of legal regulation of this issue is also reflected\nin the fact that the legislative bodies of the European Union have decided to\nregulate it by adopting this Regulation, as an act which will have direct application and effect in all EU Member\nStates, without the need for individual states to adopt implementing acts or\notherwise intervene to make the norms of the Regulation as a part of the\ninternal legal order. Therefore, the norms governing the rights enjoyed by air\npassengers in the event of denied boarding, and delayed or cancelled flights,\nare fully unified and applied uniformly throughout the European Union. On the\nother hand, Member States of the European Union are prohibited from taking any\nlegislative action in this field or enacting regulations, contrary to the\nprovisions of the Regulation. The scope of the Regulation is not limited solely\nto flights within the territory of the Member States of the European Union,\nsince its provisions apply to both passengers traveling from an airport located\nin the territory of a Member State of the European Union as well as to passengers\ntraveling from third countries to an airport located in the territory of a\nMember State, in accordance with the conditions specified in the Regulation. In\naddition, citizenship of passengers is not relevant to the enjoyment of the\nrights and benefits guaranteed by the Regulation, so citizens of EU Member\nStates and third-country citizens enjoy the equal rights.<\/p>\n\n\n\n
Ratione materiae<\/em>, the Regulation stipulates the minimum rights in three different\nsituations:<\/p>\n\n\n\n 1) Denying boarding contrary to the will of a\npassenger,<\/p>\n\n\n\n 2) Flight cancellations,<\/p>\n\n\n\n 3) Flight delays.<\/p>\n\n\n\n Denied\nboarding contrary to the will of a passenger occurs in situations where an air\ncarrier reasonably expects to be denied boarding, and consequently there is no\nsufficient number of volunteers ready to cancel their booking, despite\nrecognized benefits. A flight cancellation exists\nwhen a flight was previously scheduled and at least one seat was booked. On the\nother hand, a flight delay is when an airline\nflight<\/em> takes off and\/or lands later than its scheduled time.<\/p>\n\n\n\n In case of\ndenied boarding, cancelled or denied flights, under the conditions prescribed\nby the Regulation, passengers are entitled to compensation, the right to\nreimbursement of the ticket, the right to re-routing, as well as the right to\ncare, which includes the right to free meals and refreshments, hotel\naccommodation in certain cases, as well as transportation from the airport to\nthe accommodation. When it comes to the amount of compensation, it depends on\nthe length of flight, and it ranges between EUR 250-600, but the stated determined\namounts do not affect the rights of passengers to claim additional\ncompensation. The Regulation also stipulates that a\npassenger transferred to a class\nlower than the one for which he\/she purchased the ticket is entitled to a fee\nthat is determined as a percentage of the ticket price, and the amount of the\npercentage is determined according to the length of the flight. In case, the passenger\nis transferred to a class higher than the one for which the ticket was paid,\nthe carrier is not entitled to claim any additional compensation.<\/p>\n\n\n\n The air carrier is also obliged to adequately inform the passenger by written notification of the rights and benefits that belong to the same in accordance with the provisions of the Regulation.<\/p>\n\n\n\n Author: Igor Letica<\/p>\n\n\n\n E-mail: igor@afsajic.com<\/p>\n","protected":false},"excerpt":{"rendered":" The international carriage of passengers by air, as the mode of transport that most suits the needs of modern times, is also regulated within…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[91],"tags":[],"_links":{"self":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/513"}],"collection":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/comments?post=513"}],"version-history":[{"count":1,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/513\/revisions"}],"predecessor-version":[{"id":514,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/513\/revisions\/514"}],"wp:attachment":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/media?parent=513"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/categories?post=513"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/tags?post=513"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}