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Flight Delay

In the event that a late arrival at the destination occurs (or is expected), as passengers you are entitled to:


1) ASSISTANCE

- Meals and refreshments in relation to the time waiting;

- Adequate hotel accommodation, if more nights are required;

- Transfer from airport to the accommodation place and vice versa;

- Two telephone calls or messages via telex, fax or E-mail.


The right to assistance is provided based on the type of flight (intra-community or international) and on the distance:

Intra-community flights

less than or equal to 1,500 Km

flight delay
at least hours2

Intra-community flights

more than 1,500 Km

flight delay
at least hours3

International flights

less than or equal to 1,500 Km

flight delay
at least hours2

International flights

between 1,500 and 3,500 Km

flight delay
at least 3 hours

International flights

more than 3,500 Km

flight delay
at least 4 hours


If the delay is of at least five hours, the passenger has the option to cancel the tickets without having to pay penalties and without obtaining the reimbursement of the fare for the journey not made.

 
2) REFUND

Based on the sentence of the European Court of Justice (Case 402 of 19.11.2009), in case of delay exceeding 3 hours in the arrival at the destination, the passenger is entitled to the pecuniary compensation provided in cases of cancellation, as follows:

a) 250 EURO for all flights less than or equal to 1,500 kilometers;

b) 400 EURO for all intra-community flights of more than 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers;

c) 600 EURO for all other flights;

 

(This compensation can be reduced by 50% when the delay is less than four hours)


3) FURTHER REFUND

The passenger is entitled to a refund of the greater damages suffered in the event of loss of important business or special events.




Some court decisions:

In one case in which there had been a delay of about an hour and thirty minutes, the Justice of the Peace for Sant'Anastasia approved the right of the passenger to compensation for damages resulting from the psychophysical stress, because he was not given any information about the reason of the delay, nor a hot meal was provided to the passenger, victim of delay due to the airline. This principle, established by the Passenger Bill of Rights issued by ENAC provides the following: 'The passenger must receive information from the airline, its representative or from the party providing passenger assistance, on the delay and its causes contextually known by the agencies and, however, before the scheduled boarding time... Thereafter, the information will be provided at least every 30 minutes.'

The Justice of the Peace for Grosseto, in a recent ruling, established that, according to Article 942 of the Navigation Code and Article 19 of the Montreal Convention (which regulates the international transport) the carrier is still liable for damages caused by delay or cancellation, unless it proves with official documentation of the control organs and airport management the absolute impossibility of departure (due to force majeure such as strikes, snow or other). It is not sufficient, therefore, that the airline presents as justification for the delay its internal documents purporting to prove the occurrence of a technical failure or weather cause that prevented the departure.

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