Passengers' Rights Charter

Rimborsoalvolo.it was created to protect the rights of passengers who have experienced disruptions caused by airlines. The team at Rimborsoalvolo.it, composed of a network of lawyers specialized in European transport law, works to secure rightful compensation for travelers by enforcing their legitimate rights.

ENAC, the Italian Civil Aviation Authority, has drawn up the Passengers’ Rights Charter, which outlines all the rights that the Rimborsoalvolo.it team enforces daily on behalf of its clients.

Relevant Legislation for Major Disruptions

In the aforementioned Charter, ENAC refers to the regulations applicable to airline-related disruptions:

• Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation, or long delays, repealing Regulation (EEC) No. 295/91;
• Legislative Decree of 27 January 2006, No. 69 containing “Sanctioning provisions for the violation of Regulation (EC) No. 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation, or long delays.”

The European Union provides different forms of protection in cases of:

• Denied boarding due to overbooking;
• Flight cancellation;
• Flight delay of 180 minutes or more.

When Protections Apply

Passenger rights protections apply to:

• Scheduled, charter, or low-cost flights departing from an EU airport;
• Scheduled, charter, or low-cost flights departing from a non-EU country to an EU airport, provided the airline is EU-based and no local legal entitlements have already been granted.

Protections do not apply to:

• Flights departing from a non-EU country operated by non-EU airlines arriving at an EU destination. In such cases, protections are offered under international conventions (such as the Montreal Convention of 1999 or the Warsaw Convention of 1929), where ratified, local laws, and terms of the transport contract.

When the Passenger is Entitled to Protection

To be eligible for protection, the passenger must:

• Hold a valid air ticket (including tickets issued as part of a Frequent Flyer program or other commercial airline or tour operator promotions);
• Have a confirmed reservation;
• Check-in within the specified time frame indicated in writing by the airline, tour operator, or authorized travel agent, or, in the absence of such indication, at least 45 minutes before the published departure time.

Protection also applies if the airline transfers the passenger from the booked flight to another, regardless of the reason.

Passengers are not entitled to protection when:

• Travelling free of charge or at a reduced fare not available to the general public (e.g., airline staff or travel agents);
• Denied boarding for health, safety reasons, or invalid travel documents.

Protection for Denied Boarding

In the event of overbooking, the airline must first seek volunteers willing to give up their seats in exchange for benefits. If there are no volunteers, passengers denied boarding are entitled to compensation based on the flight route (intra-EU or international) and distance:

• Intra-EU flights up to 1,500 km: €250;
• Intra-EU flights over 1,500 km: €400;
• International flights up to 1,500 km: €250;
• International flights between 1,500 and 3,000 km: €400;
• International flights over 3,000 km: €600.

The airline may reduce the compensation by 50% if an alternative flight is offered that arrives within 2, 3, or 4 hours of the originally scheduled arrival time, respectively.

Compensation must be paid in cash, electronic bank transfer, cheque, or, with the passenger’s agreement, travel vouchers and/or other services, regardless of the ticket’s purchase price.

Passengers are also entitled to:

• Refund of the ticket for the unused portion of the trip;

or alternatively:

• Re-routing as soon as possible or at a later date convenient to the passenger, under comparable travel conditions.

Assistance

The airline must provide passengers with:

• Meals and refreshments appropriate to the waiting time;
• Hotel accommodation if one or more overnight stays are necessary;
• Transport between the airport and accommodation;
• Two free telephone calls or messages via telex, fax, or email.

Note: Passengers with reduced mobility and their companions, as well as unaccompanied minors, are entitled to priority assistance.

Protection for Flight Cancellations

As with denied boarding, in the event of flight cancellation, passengers are entitled to:

• Refund of the ticket for the unused portion of the trip;

or alternatively:

• Re-routing as soon as possible or at a later date convenient to the passenger, under comparable travel conditions.

No compensation is due for flight cancellations if the airline proves the disruption was caused by extraordinary circumstances beyond its control and that all reasonable measures were taken to avoid the cancellation. Compensation is also not due if the passenger was informed of the cancellation:

• At least two weeks in advance;
• Between two weeks and seven days in advance and was offered an alternative flight departing no more than two hours earlier and arriving less than four hours later than the original schedule;
• Less than seven days in advance and was offered an alternative flight departing no more than one hour earlier and arriving less than two hours later than the original schedule.

Protection for Flight Delays

In the case of a prolonged delay (180 minutes or more), passengers are entitled to the same assistance as in the case of denied boarding or flight cancellation.

Furthermore, if the delay is at least five hours, the passenger may choose not to travel and receive a refund for the unused portion of the trip without penalties.

ENAC’s Passengers’ Rights Charter also states that applying the protections provided in cases of disruptions does not prevent passengers from seeking additional compensation, such as that offered by Rimborsoalvolo.it.

To download the full text of the Passengers’ Rights Charter, click here.