Passenger Rights in Air Travel (under Regulation (EC) No 261/2004) and Regulation (EC) No 889/2002



Lost/Damaged Bag


The responsibilities of air carriers toward passengers and their baggage are set out in the Montreal Convention for the Unification of Certain Rules for International Carriage by Air (1999).


The Convention applies to international carriage, but many countries also use this legislation for domestic transport. Its provisions also apply to flights within the European Union, as they have been transposed into EU legislation – Regulation (EC) No 889/2002 on air carrier liability in the event of accidents.


Complaints must be submitted within the following time limits:


Damaged baggage – You must file a complaint immediately upon discovering the damage at the respective airport and obtain a report from the competent airport authority. You must also contact the air carrier no later than 7 days from the date of receipt of the baggage.


Delayed baggage – No later than 21 days from the date on which the baggage was made available to you.


Lost baggage – There is no time limit; however, it is recommended to submit your claim after the expiration of 21 days, when the baggage is considered lost.

Downgrade to lower class


If an air carrier places a passenger in a lower travel class than the one for which the ticket was purchased, the carrier must compensate the passenger with a corresponding percentage of the ticket price.


The amount to be paid is determined according to the flight distance as follows:


Up to 1,500 km – 30% of the ticket price;

Between 1,500 km and 3,500 km – 50% of the ticket price;

More than 3,500 km – 75% of the ticket price.


If the operating air carrier places a passenger in a higher class than the one for which the ticket was purchased, it may not request any additional payment.

Cancelled Flight


Your flight has been cancelled – depending on when you were informed of the cancellation, your air carrier must offer you a choice between:


 1. Re-routing as close as possible to the original departure time;

 2. Re-routing at a later date, subject to seat availability; or

 3. Reimbursement of the unused ticket price.


Your additional rights depend on when you were informed of the cancellation.


 1. If you were informed less than 7 days before departure:


If you chose option 1 (re-routing as soon as possible) and were re-routed on a flight departing no more than one hour before your original departure time and arriving no later than two hours after the originally scheduled arrival time, the air carrier is not required to pay compensation.


If you chose option 1 but were re-routed outside the time limits specified above, you are entitled to compensation unless the air carrier proves that the cancellation was caused by extraordinary circumstances.


If you choose to be re-routed as soon as possible (option 1), you are entitled to assistance during the waiting time for your new flight, including:

 • Meals and refreshments (in reasonable relation to the waiting time);

 • Hotel accommodation (where a stay of one or more nights is necessary);

 • Transport between the airport and the hotel (where necessary);

 • Two telephone calls, fax messages, or emails.


If the air carrier does not provide this assistance and you have to pay for it yourself, you should keep all receipts and invoices so that the carrier can reimburse you later.


 2. If you were informed between 7 days and 2 weeks before departure:


If you chose option 1 and were re-routed on a flight departing no more than two hours before your original departure time and arriving no later than four hours after the originally scheduled arrival time, the air carrier is not required to pay compensation.


If you chose option 1 but were re-routed outside the time limits specified above, you are entitled to compensation unless the air carrier proves that the cancellation was caused by extraordinary circumstances.


 3. If you were informed more than 2 weeks before departure:


In this case, the air carrier does not owe you additional compensation.


If a city, agglomeration, or region is served by several airports and the operating air carrier offers a flight to an alternative airport instead of the one originally booked, the carrier must bear the cost of transferring the passenger either to the airport originally booked or to another nearby final destination agreed upon with the passenger.


Compensation:


If a dispute arises between you and the air carrier regarding the existence of extraordinary circumstances and your right to compensation, you should submit your complaint to the relevant national authority.


Compensation in case of cancellation depends on the flight distance and the reason for cancellation.


If the flight distance is:

 • Up to 1,500 km – €250

 • Between 1,500 km and 3,500 km, and for all flights within the European Union over 3,500 km – €400

 • 3,500 km or more – €600


If the air carrier offers re-routing to the final destination with a delay not exceeding:

 • Two hours for flights under 1,500 km;

 • Three hours for flights between 1,500 km and 3,500 km;

 • Four hours for flights over 3,500 km;


the compensation is reduced by 50%.

Delayed Flight


If your scheduled flight is delayed by more than:

 • Two hours or more for flights up to 1,500 km (short-haul);

 • Three hours or more for flights over 1,500 km within the European Union (EU), as well as for other flights between 1,500 km and 3,500 km (medium-haul);

 • Four hours or more for flights over 3,500 km outside the EU (long-haul);


your air carrier must inform you in writing about the assistance and care it is required to provide.


If your flight is delayed by more than 5 hours (regardless of the flight distance) and you decide not to travel, the air carrier must offer you a refund of the full ticket price, or reimbursement for the part or parts of the journey that were not completed.


If you choose to receive a refund for the unused ticket, the air carrier has no further obligations toward you and does not owe compensation under the Regulation.


What does “assistance and care” mean?


Assistance and care include:


 • Free meals and refreshments in reasonable relation to the waiting time;

 • Hotel accommodation at the carrier’s expense, including transport to and from the hotel;

 • Transfer between the hotel and the airport (where necessary);

 • Two free telephone calls, fax messages, or emails.


If the air carrier fails to provide the above assistance and you incur expenses yourself, you have the right to claim reimbursement from the carrier for the costs incurred during the waiting time, upon presentation of the relevant receipts and invoices.


Compensation


According to the judgments of the Court of Justice of the European Union of 19 November 2009 and 23 October 2012, if you arrive at your final destination under your ticket with a delay of more than 3 hours, and the air carrier cannot prove that the delay was caused by extraordinary circumstances, you are entitled to compensation.


The amount of compensation depends on the flight distance, as follows:


 • Short-haul – €250 per passenger;

 • Medium-haul – €400 per passenger;

 • Long-haul – €600 per passenger.


How is the flight distance determined?


Distances are calculated using the great-circle distance method. This method is commonly used in the aviation sector to determine the distance between two airports.


Denied Boarding


Two types:


 • Against your will

 • Voluntary


1. Denied boarding against your will


This applies when the air carrier refuses to allow you to board even though you do not pose a risk to the flight in terms of health, safety, or security and you arrived at the airport with:

 • A confirmed reservation;

 • Valid travel documents;

 • Sufficient time to complete check-in, security, and boarding procedures.


When boarding is denied against your will, the air carrier must offer you a choice between:

 • Re-routing as soon as possible;

 • Re-routing at a later date convenient for you and subject to seat availability;

 • Refund of the full unused ticket price if you decide not to travel.


If you choose to be re-routed as soon as possible, the air carrier must provide assistance during the waiting time for the alternative flight, including:

 • Free meals and refreshments in reasonable relation to the waiting time;

 • Hotel accommodation at the carrier’s expense, including transport to and from the hotel;

 • Transfer between the hotel and the airport (where necessary);

 • Two free telephone calls, fax messages, or emails.


If the air carrier fails to provide this assistance and you incur expenses yourself, you have the right to claim reimbursement upon presentation of the relevant receipts and invoices.


The air carrier must compensate you for denied boarding against your will.


The amount of compensation depends on the flight distance and on the time limits within which you were re-routed.


2. Voluntary denied boarding


If your flight is overbooked, the air carrier must call for volunteers willing to give up their seats in exchange for additional benefits.


If you voluntarily give up your seat, in addition to the agreed benefits the air carrier must offer you a choice between:

 • Re-routing as soon as possible;

 • Re-routing at a later date convenient for you and subject to seat availability;

 • Refund of the full unused ticket price if you decide not to travel.


You may negotiate and agree on any additional benefits you wish to receive from the air carrier.


If an insufficient number of volunteers come forward, the operating air carrier may deny boarding to passengers against their will.

Passengers Covered by the Regulation


This Regulation applies to:


• Passengers departing from airports within the European Union / Bulgaria and the European Economic Area (EEA);

• Passengers arriving at an airport in the EU / Bulgaria and the EEA from an airport in a third country, provided that the flight is operated by an air carrier licensed in the European Union and they have not received compensation or assistance in that third country.


The enforcement of the Regulation is divided among the different Member States.


Passengers NOT Covered by the Regulation



The Regulation does not apply to passengers traveling free of charge or at a reduced fare not available directly or indirectly to the public.


It does not apply to passengers:

• Who did not check in and present themselves for boarding on time (no-show);

• Who do not have a confirmed reservation;

• Who do not have valid travel documents for their journey – passport, visa, etc.;

• Who may endanger the safety or security of the flight.


It is important to note that tickets purchased under “Frequent Flyer Programs” are not considered reduced-fare tickets for the purposes of the Regulation.