The two most important legal regulations concerning air transport issues are:
1. Regulation 261/2004 of the European Union and Council, from February 11,2004 regarding the common rules required in the compensation and assistance of passengers who were denied the embarkation and cancel/delay of flights and abolition of Regulation CEE nr. 295/91;
2. Montreal Convention. Regulation (EC) 261/2004 : came into effect in February 2005 and established the conditions under which passengers can exert their rights when:
1.they are denied embarkation against their will;
2. flight is cancelled;
3. the flight has a long delay. The rules of the regulation are applied to the passengers who embark on the airport of a Member State,for those which embark from a third party country to an airport of another EU member state, if the air carrier is a community transport member.
Also this rules are applicable to any passenger under the conditions stated above, regardless of the nationality or citizenship (it doesn`t matter if he is or not a citizenship of the European Union).
The regulation states that in the case of embarkation denial, long delays or cancel of flight the passengers should receive assistance from the air carrier. The assistance varies based on the duration of the delay, but may include a meal or drinks, phone calls, accomodation.
If the passengers has to spend one night because of the delay, he should receive accomodation and transport. It is important to notice that the air-carrier can`t elude the above mention obligations under the excuse of exceptiona circumstances.
In the case of flight cancellation without prior notice, the passengers have the right to compensation. For flight cancellation announced shortly before embarkation, the passengers have the right to compensation only if the air carrier can`t provide any means of alternative transport to the final destination.
The air-carrier isn`t forced to give compensation if the flight is cancelled due to exceptional circumstances that couldn`t be avoided. The regulation obligates the air-carrier to inform it`s passengers about their rights.
The rules of the Montreal Convention are applicable to all international flights, under the condition that it was ratified by the contries of arrival/departure.
The Convention sets the responsabilities of the air-carrier in case the passenger suffers economic losses due to flight delay and/or ecomonic losses due to lost/delayed baggage.
Also the Convention sets the responsibility limits of the air-carriers. For losses caused by flight delays it is established a maximum limit of 4150 SDR (Special Drawing Rights ) per passenger.
For baggage damage , the limit is set at 1000 SDR per passenger. Observation: Special Drawing Rights (XDR) are the virtual coin of the International Money Fund (IMF), conceived as a replacement of gold standard. The trade affairs inside the International Money Fund are calculated in SDR.
So, the value of an SDR is 1,47948 USD. In the Montreal Convention there are set the time limits when passengers can write complaints.
For example, for baggage damage the complaint can be made in maximum 7 days from the time you received the baggage; for a delayed baggage the time limit is 21 days from the time you received the baggage.
If the air-carrier admits that the baggage is lost, or if the baggage doesn`t arrives in 21 days, the passengers has the right to make a complaint regarding lost baggage.
The convention doesn`t sets a time limit for baggage complaint but reccomends this should be made as soon as possible.
In the case of other problems or situations occurred in the passenger-airline relation, when the rules of the Regulation EC 261/2004 are not applicable, you can contact the European Consumer Centers, which are located in every European Member state.
In Romania, the European Consumer Center- APC Romania is located in : Boulevard Nicolae Balcescu, nr.32-24, 4thfloor, apartment 16, sector 1, cod 010055, Bucharest, tel/fax: + 40 (0) 21 315 71 49 , e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Web:apc-romania.ro
1. Air-carrier responsabilities in case of accidents:
Regulation EC nr. 2027/97 of the Council, from October 9,1997 regarding the responsabilities of the air-carrier in case of acidents; Regulation EC nr.899/2002 of the European Parliament and Council, from May 13, 2002 regarding the modification the Regulation EC nr.2027/97 about the air-carrier`s responsabilities in case of accidents; The Convention for the unification of certain rules in the international air transport sector (approved by Government decree nr. 107/2000).
2. Common rules about compensation and assistance of passengers in the case of embarkation denial or flight cancel/ delay:
Regulation EC 261/2004 of the European Parliament and Council from February 11, 2004 about the establishment of common rules about compensation and assistance of passengers in the case of embarkation denial or flight cancel/ delay and the abolishment of Regulation CEE nr. 295/91; Complaint form about passenger rights- recommended by the European Union.
The instructions for the transmission of the complaint ( which must be addresed to an airline and/or the responsible authority)
Government decree nr.1912/2006 about the establisment of rules for the application of Regulation EC nr. 261/2004 of the European Parliament and Council from February 11, 2004 about the establishment of common rules about compensation and assistance of passengers in the case of embarkation denial or flight cancel/ delay and the abolishment of Regulation CEE nr. 295/91.
3. The Community list of air-carriers which comply to some exploitation prohibitions on the teritory of the Union:
Regulation CEE nr. 2111/2005 of the European Parliament and Council from December 14, 2005 about the establishment of a list of air-carriers which comply to some exploitation prohibitions on the teritory of the Union and the information of air transport passengers about the identity of the air transport carrier and the abolishment of Article 9 of the Directive 2004/36/CE.
Government decree nr.927/2007 about the establishment of rules regarding the application of Regulation 2111/2005 of the European Parliament and Council from December 14, 2005 about the establishment of a list of air-carriers which comply to some exploitation prohibitions on the teritory of the Union and the information of air transport passengers about the identity of the air transport carrier and the abolishment of Article 9 of the Directive 2004/36/CE
4. Trip, holiday service packs :
Council Directive from June 13,1990 about service packs for trips, holidays and circuits;Government Decree nr. 107/1999 regarding the marketing of turist service packs ..
5. The rights of reduced mobility passengers who travel by air:
Regulation nr. 1107/2006 of the European Parliament and Council from July 5,2006 about the rights of reduced mobility passengers who travel by air.
Government Decree nr.787/2007 about the establishment of rules for the application of Regulation nr. 1107/2006 of the European Parliament and Council from July 5,2006 about the rights of reduced mobility passengers who travel by air.
