Passengers rights in case of refusal to carry, flight cancellation or delay
1. Order of compensation payment
1.1. Provisions of this Section shall apply to passengers (of regular and charter flights) who are involuntarily refused carriage or whose flight is cancelled or delayed, provided that the passenger has a confirmed reservation for the respective flight and is present for checking in at the time envisaged by the Airline’s rules and stated in writing (including electronic means), or in the event the check in time is not stated, not later than 45 minutes before the stated departure time, or booked the flight which was delayed/ postponed by the Airline or the charterer of the aircraft (tourism operator) to another flight notwithstanding the reasons.
1.2. Provisions of this Section shall not apply to passengers travelling free of charge or at a lowered cost that is directly or indirectly unavailable for other passengers, however these provisions should apply to the passengers to whom the tickets were issued under the Airline’s program for the passengers who often travel by air (loyalty program).
1.3. In the event the Airline pays compensation or provides services envisaged by this Section, none of the provisions of these Rules may be interpreted as such that restricts its right to demand compensation by way of recourse from any person, including third parties, in particular upon claims for compensation by a tourism operator or another person / entity the Air Carrier concluded an agreement with. Therefore, none of the provisions of these Rules may be interpreted as such that restricts the rights of the tourism operator or third parties, other than the passenger, the Airline concluded an agreement with, to demand reimbursement or compensation from the Airline pursuant to the legislation.
2. Passenger compensation in case of refusal to carry
2.1. In case the Airline is reasonably awaiting for the refusal to the passengers to board for the flight, it shall be liable for firstly finding the volunteers ready to refuse their confirmed reservation in the exchange of the reward agreed between the passenger who voluntarily refuses to board for the flight and the Airline.
2.2. In addition to paying the reward the Airline shall be liable to offer the passenger the following options:
– carriage cost refund within seven days that should be paid in cash, via electronic bank transfer, bank money order or by bank cheques or on provided passenger’s consent executed in writing and certified in the form of travel cheques and/ or other services, full value of the ticket at the price it was purchased, for the unused part of the ticket and for the used part or parts of the ticket in case the flight does not satisfy the passenger’s needs any more as well as to provide the return flight to the initial departure point at the earliest possible opportunity if necessary;
– or the change of the route that should be effected under certain transport conditions: to the final destination point – at the earliest possible opportunity or to the terminal point later at the passenger’s option an at the availability of free seats.
2.3. Passenger transfer from the airport, where the refusal to carry took place, to the airport where the alternative route offered by the Airline begins, and from the alternative landing airport to the airport where the passenger should have arrived by the flight on which he/ she was refused carriage, shall be effected at the Airline’s cost.
2.4. In case there are no passengers who agree to voluntary refuse of travelling by this flight or their number is not sufficient, the Airline shall be entitled to refuse the passenger of the carriage involuntary.
2.5. In case the passengers were refused carriage involuntarily the Airline should pay compensation to them in the following amount:
EUR 250 – for the flights with the haul up to 1500 kilometers;
EUR 400 – for the flights with the haul from 1500 to 3500 kilometers;
EUR 600 – for the flights with the haul over 3500 kilometers.
Terminal point where the refusal to carry or non-performance of the flight, which was planned earlier and at least one seat was reserved for that flight would cause the passengers arrival delay at the planned time, shall be taken as the basis for defining the distance (haul).
2.6. The Airline shall be entitled to decrease the compensation amount stated in Clause 5 of this Chapter by 50% if the passenger is offered a change in the route of the carriage to his/ her destination point by alternative flights and the arrival time of which shall not exceed the planned time by:
Two hours – for flights up to 1500 kilometers; or
Three hours – for flights from 1500 to 3500 kilometers; or
Four hours – for the flights that are not stated in paragraphs two and three of this clause.
Distance (haul) stated in this sub-clause shall be measured by method of great circle track distance.
2.7. Compensation payment shall not discharge the Airline from its liability to offer the passenger at his/ her option services or refund that are stated in Clause 2 of this Chapter and Clause 5 of Chapter 3 of this Section.
3. Passenger compensation in case of flight cancellation
3.1. In the event of the flight cancellation passengers should be offered servicing pursuant to Clause 2 of Chapter 2 of this Section and compensation as per Clauses 5 and 6 of Chapter 2 of this Section. The passenger shall have the right for compensation in case he/ she was not informed about the flight cancellation:
– two weeks before the planned departure time; or
– within the period of not more than two weeks prior and not less than seven days prior to the planned departure time and offered a change in the route that would allow to depart from the departure point not later than two hours before the planned departure time and arrive at the terminal destination point not later than four hours after the planned arrival time; or
– less than seven days before the planned departure time and offered a change in the route that would enable to depart from the departure point not later than an hour before the planned departure time and to arrive at the terminal destination point not later than two hours after the planned arrival time.
3.2. The Airline while cancelling or delaying the flight shall provide the passengers with explanations of the grounds for cancellation or delay upon their request.
3.3. The Air Carrier shall not be liable to pay compensation pursuant to Clauses 5 and 6 of Chapter 2 of this Section in case it can provide evidence (confirmation) that the ground for the flight cancellation was the influence of the emergency situation or force majeure that could not have been prevented even if all measures had been taken.
3.4. The Airline, its sales agent, tourism operator and other authorized organizations as per place of the agreement for carriage shall undertake to inform the passenger about the rules and conditions of carriage, order of seat reservation on flights, tariffs, charges, about the schedule and flight operation term.
3.5. In the event of flight cancellation by the Airline and passenger’s onward travelling continued by another flight(s) or by another route the passengers should be offered and provided free of charge:
– meals and cool beverages in accordance to the waiting time for the new flight;
– hotel accommodation in cases passengers are under necessity to wait for the departure over one night or more or in case the passengers’ additional waiting time for departure is longer than it was expected;
– ground transfer airport – hotel – airport;
– two telephone calls or telex-, fax-messages or e-mail messages if the airport has relevant technical conditions available.
3.6. The Airline shall pay special attention to the needs of passengers with reduced mobility (with disabilities) and persons accompanying them and to the needs of the children travelling unaccompanied.
4. Passenger compensation in case of flight delay
4.1. The Airline shall provide passengers with meals and cool beverages as per its established standards and the opportunity to make two telephone calls or to send a telex, fax-message or an e-mail message if there are relevant technical conditions available in case of the flight delay by:
– two hours or more from the planned flight departure time with the haul of up to 1500 kilometers;
– three hours or more from the planned flight departure time with the haul from 1500 to 3500 kilometers;
– four hours or more from the planned flight departure time for all other flights that are not stated in paragraphs two and three of this Clause.
Should the delayed flight operation be postponed to the next day after the day of its operation as envisaged by the schedule and stated in the ticket, then the Airline would provide passengers with rooms in a hotel, meals and provide transfer on the route airport – hotel – airport.
4.2. In the event the flight delay exceeds five hours then the passengers should be offered servicing pursuant to Clause 2 Chapter 2 of this Section.
5. Passenger compensation for a change in class of service
5.1. The Airline shall not be entitled to demand any additional payment if it accommodates the passenger in the cabin of a higher class of service than that stated in the ticket.
5.2. In case the Airline accommodates the passenger in the cabin of a lower class of service than that stated in the ticket then it should refund the passenger within seven days:
30 % of the applied tariff for all flights of the haul up to 1500 kilometers; or
50 % of the applied tariff for all flights of the haul from 1500 to 3500 kilometers; or
75 % of the applied tariff for all flights that are not stated in paragraphs two and three of this clause.
5.3. Compensation for the passenger’s accommodation in the lower class of service than that stated in his/ her ticket shall be calculated for the segment where lowering of the class of service took place by method of prorate distribution.