Passenger Rights

Passenger Rights in other languages

I. Information about flights and reservations

When making enquiries about or booking a flight through a travel agent in the European Union, each passenger has the right to neutral and accurate information. Unless a passenger requires something different, a travel agent must supply him or her with neutral information from the computerised reservation system, in particular on:the different options available for a journey ranked in the following order:
  • non-stop flights,
  • flights with intermediate stops, but without a change of aircraft,
  • connecting flights;
  • all the fares available from different airlines, as displayed.

    A travel agent must give passengers direct access to the information shown by the computer system if they request it, either by allowing them to see the screen or by printing it out.

If the ticket is booked through a travel agent or directly by an airline, they must pass on to the passenger all information available in the computer system about:

  • the identity of the air carrier which will actually provide the service, as opposed to the carrier mentioned on the ticket;
  • changes of aircraft during the journey;
  • stops en route during the journey;
  • transfers between airports during the journey.

II. Notice on passenger rights in the event of long delay or cancellation of flights or denied boarding

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. You are entitled to 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.

This compensation does not apply at all if:

  • 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 todepart 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 morethan 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.

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
E-Mail: fluggastrechte@bmvit.gv.at 
Tel +43 1 7116265/9204
Mon-Thu 09-12.00
Fax +43 1 7116265/9699

III. Compensation in case of an accident

Passengers travelling with a European Union airline will receive full compensation in the case of an accident regardless of where it happens, and also up-front payments if needed to help with immediate economic hardship.
  • There is no limit on the financial liability of a European Union airline to compensate for the death, wounding or any other bodily injury to a passenger. In other words, there is no upper limit on the claim that can be made.
  • The airline shall make an advance payment to help with immediate economic hardship, not later than 15 days after the person entitled to compensation has been identified. This advance payment shall not be less than 15 000 special drawing rights (around EUR 20 000) per passenger in the event of death.
  • To encourage the rapid resolution of smaller claims up to 100 000 special drawing rights (around EUR 130 000), European Union airlines may only limit or exclude their liability if the damage was caused (in whole or in part) by the negligence of the injured or deceased passenger.

IV. Air travel as part of a package holiday

Air passengers travelling as part of a package tour or holiday bought in the European Union must receive precise information from the organiser about their trip. They also enjoy clear rights concerning the performance of the contract.
  • The brochure must, amongst other things, set out clearly and accurately the destination, the itinerary and the means of transport to be used for the holiday. The information in the brochure is binding on the organiser.
  • Before departure, the organiser must supply in writing the times and places of intermediate stops and transport connections.
  • The consumer has the right to transfer his or her booking to another person.
  • The price stipulated in the contract cannot be changed unless the conditions expressly provide for that possibility.
  • The organiser is responsible for any failure to meet the terms of the contract, so problems with the flight element of a tour or holiday should generally be taken up directly with the organiser. He will act on the passenger’s behalf in dealings with the airline.

Enforcing passenger rights

The passenger rights above are laid down either directly by EU law or by national laws that implement EU directives. So, airlines, travel agents, tour operators and all other businesses involved in the provision of air transport must observe them.
  • The first thing a passenger should do is to contact the airline or the organiser of the package holiday.
  • If a passenger feels that the law has not been respected, he or she could contact the relevant national body responsible for air transport or consumer protection (when available details are indicated below).
  • When a passenger has incurred damages because Community law has not been respected, there may be grounds for private legal action in national courts.
  • Consumer and passenger organisations can also offer advice or assistance.
  • A passenger can also inform the Directorate-General for Energy and Transport of the European Commission of the follow-up given to his/her complaint (Rue de la Loi/Wetstraat 200, B-1049 Brussels, fax (32-2) 299 10 15, e-mail: tren-aprights@cec.eu.int).

V. Other rights

Air transport is subject to a contract that creates certain rights for passengers. Ask the airline or your travel agency for a copy. Under international agreements an airline is liable for damage caused by delay, except if it proves that it did all it reasonably could to avoid the damage or that it was impossible to do so. It is also liable for loss or damage to baggage. Ask for information from your airline or travel agency.