Is the boarding denied against your will?
When an air carrier expects a possible boarding refusal, he must first call for volunteers willing to give up their reservations in exchange of a mutually agreed compensation.
If the number of volunteers willing to give up their reservations to other passengers is not sufficient, the air carrier may then deny passengers boarding against their will.
The passengers who have been refused boarding against their will, are entitled to compensations, assistance and maintenance from the air operator.
What is assistance?
Passengers are offered a choice between:
1. Reimbursement within seven days of the full cost of the ticket at purchase price for the part or parts of the journey that was not made, and for the part or parts already made if the flight is useless in relation to original travel plan of the passenger, together with, where relevant, a return flight to the first point of departure, as soon as possible;
2. Rerouting, under comparable transport conditions, to their final destination as soon as possible or
3. Rerouting, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
What is the right for service maintenance?
Passengers will be offered free of charge:
- Meals and refreshments in a reasonable relation to the waiting time;
- Hotel accommodation in cases, if it is necessary to stay for one or more nights, or where it is necessary an additional stay to that intended by the passenger;
- Transport between the airport and place of accommodation (hotel or other).
In addition, passengers are entitled to two free phone calls and send free of charge messages via telex, fax or e-mail.
In applying the above provisions, the air carrier pays special attention to the needs of persons with reduced mobility and to any accompanying persons or certified accompanying service dogs as well as to the needs of unaccompanied children.
Upgrading and downgrading
If an air carrier places a passenger in a class higher than the purchase price of the ticket it may not request any supplementary payment.
If an air carrier places a passenger in a class lower than the purchase price of the ticket, then it will refund within a period of seven days:
- 30% of the ticket for all flights of 1500 kilometers or less, or
- 50% of the ticket for all flights between 1500 and 3500 kilometers, or
- 75% of the ticket for all flights not falling under points a) or b).
Obligation to inform passengers about their rights
- The air carrier will ensure that in the area of travelers registration a readable advertisement is displayed, consisting of the following clearly visible printed text: "If you are denied boarding or if your flight is canceled or delayed at least for two hours, ask at the check-in desk or at the boarding gate the text stating your rights, particularly with regard to compensation and assistance ".
- The air carrier denying boarding or cancels a flight shall provide each affected passenger written notice setting out the rules for compensation and assistance in accordance with the regulations. He also provides each passenger affected by a delay of at least two hours an equivalent notice. The passenger will be also submitted, in written form, details of the national institution designated for resolving violations.
- Regarding blind people and people with low vision the provisions of the mentioned above Article will be applied using appropriate alternative means.
Central public authority responsible for air transport consumer protection is the Consumer Protection Agency.