On 17 February 2005, the European Parliament and Council Regulation (EC) no. 261/2004, of 11 February 2004, will enter into force, which sets common rules for compensation and aid provided to passengers in air travel if they are denied boarding or if their flight is cancelled or significantly delayed, and which cancels Regulation (EEC) no. 295/91.
 
The Regulation aims at a high level of protection for passengers and significantly takes into account consumer protection requirements.  The denial of boarding, and the cancellation or a significant delay of a flight, causes passengers serious difficulties and discomfort.  The increased level of protection in order to enhance passenger rights, and ensuring that airline carriers can work in a harmonised environment and on a liberalised market, are preconditions of a sustainable development of airline transportation.
 
The regulation is directly applicable to both regular and irregular air traffic, including flights which comprise a part of complex services for travel, stays, and package tours.
 
Protection is granted to passengers taking off from an airport in a member state as well as to passengers taking off from an airport in a third country, flying to an airport in a member state, provided the flight is operated by a Community Carrier (a Community Carrier means an airline carrier with a valid licence for operation, issued by a member state in line with the Council Regulation (EEC) no. 2407/92, of 23 July 1992, On the Issuance of Licences to Airline Carriers).
 
In order to ensure an effective application of this regulation, it imposes all responsibilities directly on the carrier operating the flight, which is executing a flight or is intending to execute it, whether by its own aircraft or an aircraft hired with the crew and other services, or without the crew and other services, or under different conditions.
 
The Regulation, however, does not limit the rights of the airline carrier operating the flight to claim damages from other persons, including third persons, in line with the applicable legal regulations.
 
The Regulation stipulates, under conditions contained therein, the minimum rights of passengers, if they are denied boarding against their will, if their flight is cancelled or delayed.  The regulation does not apply to passengers travelling free of charge or at discounted prices which are not directly or indirectly available to the public.  The form of compensation prescribed depends on the form of the breach of the carrier’s obligations, and can be briefly characterised as ranging from enabling the passengers to cancel the flight, reimbursement of tickets, through enabling them to continue, at satisfactory conditions, and the passengers should be adequately taken care of while they wait for a later flight.
 
Airline carriers are obliged to inform the passengers of any flight cancellation prior to the scheduled departure, and offer them adequate re-routing, so that the passengers may take other measures.  If they fail to do so, the airline carriers should reimburse the passengers adequately.
 
The obligations of airline carriers operating flights are limited or excluded in cases when the event was caused by extraordinary circumstances, which could not have been prevented even if all preventive measures were taken.  Those extraordinary circumstances may arise primarily in cases of political instability, weather conditions incompatible with the execution of the flight concerned, security risks, unexpected strikes which affect the operation of the airline carrier operating the flight.  An extraordinary circumstance may also be en event when the impact of a component of flight navigation, which relates to one aircraft on a specific date, results in a great delay, until the following day, or the cancellation of one or more flights of that aircraft, in spite of the carrier having taken all reasonable measures to prevent the delay or cancellation.  Care of passengers waiting for a substitute or delayed flight may also be reduced or refused in cases when the provision of that care itself would lead to further delays.
 
If boarding is denied or a flight cancelled or significantly delayed, passengers must be fully informed about their rights, in order for them to be able to exercise them effectively.  The air carrier operating the service must ensure that at the check-in, a legible notice was displayed, clearly visible for passengers, containing the following words: “If you are denied boarding or if your flight is delayed by more than two hours, ask at the check-in counter, or a the boarding gate for a document describing your rights, primarily as concerns damages and aid."

 

Pursuant to Sec. 16 of the said Regulation, the Ministry of Transport will be appointed the body / administrative authority responsible for the enforcement of the said regulation.
 
The right of passengers and airline carriers to request compensation in court, in line with national legal regulations, will not be prejudiced.