This Notice is required by Regulation EC 261/2004 of the European Parliament and of the Council of the European Union
Applicability
The following rules shall apply:
- in respect of flights departing from an airport in the EU, and flights operated by a Community air carrier departing from an airport in a third country to an airport in the EU (unless you received benefits or compensation and were given assistance in that third country);
- on condition that you have a confirmed reservation on the flight concerned and present yourself for check-in at the time indicated;
- regarding cancellations: in the event of the nonoperation of a flight which was previously planned to be operated and in which at least one place was reserved;
- only to passengers travelling at a fare available directly or indirectly to the public, or on tickets issued under a frequent flyer programme or other commercial programme;
- where we are the operating carrier of the flight.
Delay
When we reasonably expect a flight to be delayed beyond its scheduled time of departure:
(a) for two hours or more in the case of flights of 1500 km or less; or
(b) for three hours or more in the case of flights between 1500 and 3500 km; or
(c) for four hours or more in the case of all flights exceeding 3500 km.
We will offer you free of charge:
- meals and refreshments in a reasonable relation to the waiting time; and
- facility to contact destination area via telex or fax messages, telephone or e-mail.
- When the time of departure reasonably expected is at least the day after the time of departure previously announced, in addition to the assistance described above, we will offer you, depending on local availability:
- hotel accommodation in cases where an unscheduled stay of one or more nights becomes necessary, and
- transport between the airport and place of accommodation.
When the delay is at least five hours and you decide not to travel on the delayed flight, we will offer you:
reimbursement of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan.
Flight Cancellations
If your flight is cancelled, we will offer you the following assistance:
I. A choice between:
(a) reimbursement of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan; or
(b) re-routing, under comparable transport conditions, to your final destination, at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.
II. In addition, we will offer you, free of charge:
- meals and refreshments in a reasonable relation to the waiting time; and
- facility to contact destination area via telex or fax messages, telephone or e-mail.
III. In the event of re-routing in connection with your cancelled flight, if the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, we will also offer you:
- hotel accommodation in cases, where an unscheduled stay of one or more nights becomes necessary and
- transport between the airport and place of accommodation.
IV. Except when:
> you are informed of the cancellation at least two weeks before the scheduled time of departure
or
> you are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing you to
depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival;
or
> you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more
than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival;
or
> if we can prove that the cancellation is caused by extraordinary circumstances
which could not have been avoided even if all reasonable measures had been taken,
you are entitled to receive compensation amounting to:
(a) EUR 250 for all flights up to 1 500 kilometres;
(b) EUR 400 for all flights between 1 500 and 3 500 kilometres;
(c) EUR 600 for all flights of more than 3500 kilometres.
These amounts are reduced by 50% where we offer re-routing that takes place no later than the times set out in the above paragraph entitled "Delay".
Denied boarding resulting from overbooking
Denied boarding is a refusal by an airline to carry a passenger on a flight, even though the passenger has presented him or herself for boarding under the conditions mentioned above under the heading Applicability, except when there are reasonable grounds to deny boarding, such as reasons of health, safety, security or inadequate travel documentation.
Before we deny boarding for a flight we call for volunteers to surrender their reservations, in return for benefits under conditions to be agreed.
If an insufficient number of volunteers comes forward, and we deny boarding to you against your will, we will compensate you:
(a) EUR 250 for all flights of 1500 km or less;
(b) EUR 400 for all flights between 1500 and 3500 km;
(c) EUR 600 for all flights exceeding 3500 km.
When you are offered re-routing on an alternative flight and the arrival time of the re-routed flight does not exceed the scheduled arrival time of the flight originally booked as described above at section „Delay“ the compensation is reduced by 50%.
In determining the distance, the basis shall be the last destination at which the denial of boarding will delay your arrival after the scheduled time. The distances shall be measured by the great circle route method.
In addition, we will offer you the following:
I. A choice between:
(a) reimbursement of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan; or
(b) re-routing, under comparable transport conditions, to your final destination, at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.
II. And we will offer you, free of charge:
- meals and refreshments in a reasonable relation to the waiting time, and
- hotel accommodation in cases, where an unscheduled stay of one or more nights becomes necessary, and
- transport between the airport and place of accommodation, and
- facility to contact destination area via telex or fax messages, telephone or e-mail.
Downgrading
If we place you in a cabin class lower than that for which the ticket was purchased you are entitled to reimbursement to a certain percentage of the fare paid for the respective flight leg. This right does not apply to passengers travelling in a lower cabin class at their own convenience.
We will offer you a lump sum reimbursement, graded according flight distance. In case you will not accept this offer you may transmit your ticket for exact calculation to our refunds department. We kindly ask you to contact our nearest branch office.
Mandatory information according Article 16 Regulation (EC) 261/2004
In case of any complaints regarding the enforcement of this regulation consumers
may apply to:
The Austrian Federal Ministry of Transport, Innovation and Technology
mailto:fluggastrechte@bmvit.gv.at
Tel +43 1 7116265/9204
Mon-Thu 09-12.00
Fax +43 1 7116265/9699