Rules on compensation to passengers in the event of denied boarding and of cancellation or long delay of flights

(1) Action by the Community in the field of air transport should aim, among other things, at ensuring a high level of protection for passengers. Moreover, full account should be taken of the requirements of consumer protection in general. 

(2) Denied boarding and cancellation or long delay of flights cause serious trouble and inconvenience to passengers. 

(3) While Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied boarding compensation system in scheduled air transport⁽⁴⁾ created basic protection for passengers, the number of passengers denied boarding against their will remains too high, as does that affected by cancellations without prior warning and that affected by long delays. 

(4) The Community should therefore raise the standards of protection set by that Regulation both to strengthen the
rights of passengers and to ensure that air carriers operate under harmonised conditions in a liberalised market. 

(5) Since the distinction between scheduled and non-scheduled air services is weakening, such protection should apply to passengers not only on scheduled but also on non-scheduled flights, including those forming part of package tours. 

1. This Regulation establishes, under the conditions specified herein, minimum rights for passengers when: (a) they are denied boarding against their will;
(b) their flight is cancelled;
(c) their flight is delayed. 

1. This Regulation shall apply:
(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;
(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member
State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.

Nota AvocatNet:
Numai legislatia europeana din editia printata a Jurnalului Oficial al Uniunii Europene poate fi considerata autentica