EU Regulations on Air Travel (2)

8/18/2019 EU Regulations on Air Travel (2)

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European Regulations

on Air Travel

Michael Wukoschitz

Austria


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Most relevant Regulations:

261/2004 common rules on compensation and

assistance to passengers in the event of denied

boarding and of cancellation or long delay of flights

2011/2005 operating ban within the Community /

information duty on identity of the operating air carrier

1107/2006 concerning the rights of disabled persons and

persons with reduced mobility when travelling by air

100/200 common rules for the operation of airservices in the Community


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Regulation 261/2004

establishing common rules on compensationand assistance to passengers in the event of

denied boarding and of cancellation or longdelay of flights

repealing !egulation "#CC$ 2%5/%1 "&'enied(oarding !egulation)$

to raise standard of protection came into force 17 *ebruary 2005


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'enied (oarding

refusal to carry passengers on a flight+ although they

have presented themselves for boarding on time

e,cept where there are reasonable grounds to denythem boarding+ such as reasons of health+ safety or

security+ or inade-uate travel documentation

carrier supposed to call for volunteers to surrender

reservation in e,change for benefits


5/42

!emedies

compensation of #.! 250 to #.! 600depending on flight distance to final destination

regardless of actual damage

reduced by 50 if alternative flight arrives withincertain time limits

reimbursement or rerouting

care "meals+ refreshments+ hotel accomodation +$


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Cancellation

nonoperation of a flight which waspreviously planned and on which at leastone place was reserved

remedies as for denied boarding+ butno compensation if passenger was informed

in advance and alternative flight arrives withincertain time limits

no compensation if cancellation was causedby e,traordinary circumstances


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'elay

no definition remdies only if departure is delayed beyond certain time

limits "depending on distance$ care/assistance "meals+ refreshments+ hotel

accomodation+ $ according to waiting time in case of delay of 5 hrs or more reimbursement or rerouting

#C3 C402+42/07 turgeon/(c8 pa, of delayed flightsfor the purposes of the application of the right tocompensation+ may be treated as passengers whoseflights are cancelled where they reach their finaldestination hrs or more after the originally scheduledarrival time


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!egulation does not cover

short delays

missed connection flights

diversions

late arrivals


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Issues

compatibility with 9ontreal convention

scope of applicability

differentiation between delay and cancellation &e,traordinary circumstances)

:urisdiction


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Compatibility it! Montreal

Convention "

#. is signatory of 9ontreal Convention both 9ontreal Convention and !eg 261/2004 provide

for ;assenger !ights 9ontreal Convention provides e,clusive remedies

"


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Appli#ability

$Art% & par% 1'

!egulation applies to passengers

departing from an airportlocated in the territory of a member

state "a$ or

located in a third country to an #.airport with Community carrier "b$


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EC( C)1*&/0* ) Emirates:

&flight) means a unit of the transport+ performed by anair carrier which fi,es its itinerary + while

&:ourney) attaches to the person of the passenger+who chooses his destination and ma8es his way there

by means of flights operated by air carriers


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'ifferentiation between &'elay)

and &Cancellation)

+e,initions: C


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EC( C)402-4&2/0* .

turgeon/#

: a flight which is delayed+ irrespective of the duration of thedelay+ even if it is long+ cannot be regarded as cancelled where

the flight is operated in accordance with the air carrierEs original

planning + but

passengers whose flights are delayed may be treated+ for thepurposes of the application of the right to compensation+ as

passengers whose flights are cancelled and may thus rely on

the right to compensation where they reach their final

destination t!ree !ours or more after the arrival time originally

scheduled by the air carrier no compensation if the air carrier can prove that the long delay

was caused by e,traordinary circumstances


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Art% 3 par% &


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pinion o, A5vo#ate 7eneral !arpston

Case C &86/06‑ ) 9ramme

with regard to &technical problems)+ to rely on the

e,emption+ both the withdrawal and the unavailability of a

replacement aircraft must be caused by circumstances

which

could not have been avoided even if all reasonable

measures had been ta8enF

are e,traordinary in the normal sense of the wordF


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&all reasonable measures) includes

as regards the withdrawal from operation compliance

with the schedule of maintenance and chec8s on the

aircraft and+ once signs of the technical problemappear+ every reasonable step to resolve it without

withdrawing the aircraft from operationF

as regards the unavailability of a replacement aircraft

ade-uate provision for replacements in the light ofpast e,perienceF


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&e,traordinary) means

as regards the withdrawal from operation technical

problems which are neither of a 8ind typically occurring

from time to time on all aircraft and/or a particular aircraft

type nor of a 8ind 8nown to have affected the aircraft in

-uestion beforeF

as regards the unavailability of a replacement aircraft

circumstances unforeseeable by a carrier ma8ing

ade-uate provision for replacements in the light of past

e,perience


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EC( C)348/0*) allentin ;ermann

an5 C)402-4&2/0*:

a technical problem in an aircraft is not covered by

the concept of =e,traordinary circumstancesE within

the meaning of that provision+

unless that problem stems from events which+

by their nature or origin+ are not inherent in the normal

e,ercise of the activity of the air carrier concerned and

are beyond its actual control


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?he 9ontreal Convention is not decisive for theinterpretation of the grounds of e,emption under


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(uris5i#tion:

#C3 C204/0 !ehder in the case of air transport of passengers from one

9ember tate to another 9ember tate+ carried out onthe basis of a contract with only one airline+ which is theoperating carrier+

the court having :urisdiction to deal with a claim forcompensation founded on that transport contract and on!egulation "#C$ @o 261/2004 is that+ at the applicantEs

choice+ which has territorial :urisdiction over the place ofdeparture or place of arrival of the aircraft+ as thoseplaces are agreed in that contract


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!egulation 2111/2005

establishment of a Community list of air

carriers sub:ect to an operating ban within

the Community "&blac8 list)$

informing air transport passengers of the

identity of the operating air carrier


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Community Aist "&(lac8 Aist)$

common criteria based on the relevant safety standards"


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>nformation to ;assengers

duties apply whether the flight is scheduled or

nonscheduled and whether the flight is part of a

pac8age or not

in respect of the carriage of passengers by air+where the flight is part of a contract of carriage

and that carriage started in the Community


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>nformation on the identity of the operating

air carrier

by the air carriage contractor " contracting carrier/touroperator/tic8et seller$ upon reservation

if not yet 8nown name or names of the air carrier or

carriers that is or are li8ely to act as operating air carrieror carriers G identity of the operating air carrier orcarriers as soon as established

in case of changes information of the change as soonas possible

in all cases information at chec8in+ or on boardingwhere no chec8in is re-uired obligation to be specified in the general terms of sale

applicable to the contract of carriage


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Reme5ies

reimbursement or rerouting acc to !eg 261/2004 where !eg 261/2004 does not apply+ and

operating air carrier notified has been entered on theCommunity list and is sub:ect to an operating banF or

operating air carrier notified has been replaced by anotheroperating air carrier which has been entered on the Community

list and is sub:ect to an operating ban reimbursement or rerouting as provided for in


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!egulation 1107/2006

concerning the rights

of disabled persons

and persons with reduced mobility

when traveling by air


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32/42

=on)+is#rimination

no refusal of reservation or embar8ation on the

ground of disability or reduced mobility+ unless

due to

national or international safety re-uirements "carriercan also re-uire accompanying person$

siHe of aircraft

in event of refusal

reservation acceptable alternative

embar8ation reimbursement and rerouting


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Assistan#e

designated points at airports to announce arrival and

re-uest assistance

air carriers+ agents and tour operators to receive

notifications of the need of assistance at all ;B

transmission to airports of departure+ transit and

arrival

operating carrier


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Managing bo5y o, apt responsible ,or provision o,

assistan#e at apt it!out a55itional #!arge:

communicate their arrival at an airport and their re-uest

for assistance at the designated points inside and outside

terminal buildings

move from a designated point to the chec8in counter+

chec8in and register baggage+

proceed from the chec8in counter to the aircraft+ with

completion of emigration+ customs and security

procedures+

board the aircraft+ with the provision of lifts+ wheelchairs or

other assistance needed+ as appropriate+


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proceed from the aircraft door to their seats+

store and retrieve baggage on the aircraft+

proceed from their seats to the aircraft door+ disembar8 from the aircraft+ with the provision of lifts+

wheelchairs or other assistance needed+ asappropriate+

proceed from the aircraft to the baggage hall andretrieve baggage+ with completion of immigration andcustoms procedures+

proceed from the baggage hall to a designated point+

reach connecting flights when in transit+ with

assistance on the air and land sides and within andbetween terminals as needed+

move to the toilet facilities if re-uired


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Air #arrier responsible ,or assistan#e

it!out a55itional #!arge:

carriage of recognised assistance dogs in the cabin+

sub:ect to national regulations

in addition to medical e-uipment+ transport of up to

two pieces of mobility e-uipment per person including

electric wheelchairs "sub:ect to advance warning of

4 hours and to possible limitations of space on

board the aircraft+ and sub:ect to the application of

relevant legislation concerning dangerous goods

essential information concerning a flight in accessible

formats


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all reasonable efforts to arrange seating to meet the

needs of individuals with disability or reduced mobility on

re-uest and sub:ect to safety re-uirements and

availability

assistance in moving to toilet facilities if re-uired

in regard to accompanying person reasonable efforts to

give such person a seat ne,t to the disabled person


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Regulation 100>/200>

common rules for the operation of air services

in the community+ regulating

licencing of Community air carriers

the right of Community air carriers to operate

intraCommunity air services and

pricing of intraCommunity air services


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?i#en#e

re-uired to to carry by air passengers+ mail and/orcargo for remuneration and/or hire

"


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?easing

dry or wet lease agreements possible

sub:ect to prior appoval in accordance

with applicable Community or nationallaw on aviation safety


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Intra Community air servi#es

Community air carriers entitled to operate

no additional re-uirements by 9ember tates


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EU Regulations on Air Travel (2)

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