On 17 February 2005, the European Parliament and Council Regulation no. 261/2004, of 11 February 2004, took effect, which sets the common rules for compensation and aid to passengers in air transport, if they are denied boarding, in the case of a cancellation or significant delay of a flight, and which cancels (EEC) Regulation no. 295/91.
Certain carriers are wrongly informed in this context that the body responsible for the enforcement of the Regulation is the Civilian Aviation Authority. Pursuant to Sec. 16 of the said Regulation, the Ministry of Transport has been identified as the body (administrative authority) responsible for the enforcement of that Regulation.
This situation will continue until the Amendment Act no. 49/1997 Coll., On Civilian Aviation comes into effect. The amendment is currently being prepared by the Ministry of Transport, and will be presented to the Government for discussion, by the end of March. The right of passengers and air carriers to request compensation in court, in line with national legal regulations, is not prejudiced.
On 11 February 2005, the Ministry of Transport held an information meeting on the topic of the new regulation, with licensed carriers and operators of air-taxi services. The following companies were invited to the meeting: Czech Airlines, Travel Service, FISCHER AIR, SILVER AIR, LR Airlines, VERA Air Transport, ABS Jets, AEROTAXI, DELTA SYSTEM - AIR, FAIR, Silesia air, Time Air, ALFA-HELICOPTER.
Interpretation of the European Parliament and Council Regulation (EC) No. 261/2004:
The Regulation applies not only to regular, but also to irregular flights, including those which constitute a part of comprehensive services for travel, stays, and tour packages. The obligations of air operators are limited or excluded in those cases when an incident was caused by extraordinary events, which could not have been prevented, even if all reasonable measures had been taken. These extraordinary circumstances can arise especially in cases of political instability, weather conditions incompatible with the execution of the flight concerned, security risks, unexpected strikes which touch upon the operation of the air carrier operating the service. 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, 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 is 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 at the boarding gate for a document describing your rights, primarily as concerns damages and aid."
Compensation and aid for passengers in case of flight delay:
If the passenger reports for check-in in a timely manner:
• from an airport in the EU, or
• from an airport in a third country, to an airport in an EU member state, and provided that the flight is operated by a carrier from a EU country;
and if the carrier operating the flight may reasonably expect a delay of:
• 2 hours and more in the case of a flight up to 1500 km long;
• 3 hours and more in the case of a longer flight within the EU, or a flight from 1500 km to 3500 km;
• 4 hours and more in the case of a flight longer than 3500 km, and in all other cases;
then the carrier must provide passengers food and refreshments to an extent appropriate to the waiting time, and the passenger must be offered two telephone calls for free, two telex, fax or electronic mail messages.
If the delay exceeds 5 hours, the passenger must be offered a choice between a reimbursement of the purchase price of the ticket, for the part or parts of the voyage that have not taken place, or for the parts that have taken place, if the flight no longer serves the purpose related to the original travel plan of the passenger; and, if necessary, a return flight to the original place of boarding, at the earliest possible occasion.
If the reasonably expected time of departure is at least one day later than the originally notified departure time, the carrier shall provide the passenger with free hotel accommodation and transportation between the airport and the place of accommodation.
Compensation and aid for passengers denied boarding:
If the carrier reasonably expects that it will have to deny passengers boarding, it shall first ask for volunteers to give up their reservation for a compensation, on terms agreed between the passengers concerned, and the carrier operating the flight.
If a passenger is denied boarding against his/her will, the carrier operating the flight shall pay him/her the following compensation:
• 250 EUR for a flight up to 1500 km;
• 400 EUR for a longer flight within the EU, or for a flight between 1500 and 3500 km;
• 600 EUR for a flight over 3500 km, in all other cases.
At the same time, the passenger may choose from:
• A reimbursement for the purchase price of the ticket (and, if applicable, a free return flight to the place of original boarding); or
• The earliest re-routing possible to the destination, in comparable transportation conditions; or
• A re-routing to the destination later, according to the passenger’s wish, in comparable transportation conditions.
The reimbursement may be cut by half if the delay caused by the re-routing does not exceed 2, or 3, or 4 hours, for each of the respective categories mentioned above.
The passenger is entitled to food and refreshments to an extent appropriate to the waiting time, hotel accommodation and transportation between the airport and the place of accommodation, if applicable, and two telephone calls for free, two telex, fax or electronic mail messages.
Flight cancellation:
The passenger has the following options in the case of a flight cancellation:
• A reimbursement for the purchase price of the ticket (and, if applicable, a free return flight to the place of original boarding); or
• The earliest re-routing possible to the destination, in comparable transportation conditions; or
• A re-routing to the destination later, according to the passenger’s wish, in comparable transportation conditions.
The passenger is entitled to food and refreshments to an extent appropriate to the waiting time, hotel accommodation and transportation between the airport and the place of accommodation, if applicable, and two telephone calls for free, two telex, fax or electronic mail messages
A passenger is entitled to a compensation of damages in the amount of:
• 250 EUR for a flight up to 1500 km;
• 400 EUR for a longer flight within the EU, or for a flight between 1500 and 3500 km;
• 600 EUR for a flight over 3500 km, in all other cases,
only if:
• He/she is not informed about the cancellation of the flight at least two weeks in advance of the scheduled departure time; or
• Is not informed about the cancellation of the flight in a period between two weeks and seven days prior to the scheduled departure time, and is not offered a re-routing option which would enable him/her to fly no later than two hours before the planned departure time and reach the destination no later than four hours after the scheduled arrival time; or
• Is not informed about the cancellation of the flight in a period shorter than seven days prior to the scheduled departure time, and is not offered a re-routing of his/her flight, which would enable him/her to fly no later than one hour before the scheduled departure time and reach the destination no later than two hours after the scheduled arrival time.