Travelling by Plane: Cancellation



Air Travel: Cancellation

Info: The following sample letter can be used when a flight is cancelled (according to Regulation (EC) No 261/2004).

This Regulation applies to passengers departing from an airport located in the territory of a Member State as well as for flights from a third country to a Member State if the air carrier that operates the flight holds an EU licence. The Regulation does not apply to travellers who fly on a reduced fare not available to the public or who travel free of charge.

Moreover the regulation does not restrict the passenger’s right to further compensation (not valid for passengers who voluntarily renounced to the transport) granted by Regulation (CE) n. 889/2002 and the Montreal Convention to claim further damages in Court. In addition to the compensation of the material damage according to the regulation there can be claimed damage according to the regulations of the national law.

The text in italics has to be replaced by the correct information, the grey text has to be cancelled.

Sender

Place and date

To

Name and address of the operating air carrier

Recorded Delivery with Reply paid

CC

European Consumer Center

Via Brennero 3

I-39100 Bolzano

via e-mail info@

Complaint according to Regulation (EC) No 261/2004 about the Cancellation of Flights

Passengers: Name, Surname

Flight Number: _________

Outward Flight on date from … to ...

Return Flight on date from … to ...

Dear Sirs,

I have booked a flight with ….. (name of travel agency) for the time period from ….. (date of the outward flight) to ….. (date of the return flight) to the destination ……. (place in country).

With this letter I would like to make a complaint because of the following facts:

because of the cancelling of my flight I could not reach the destination. I was informed about the cancellation only (write the time - hours or days - you were informed about the cancellation) before the departure.

According to the above Regulation (EC) No 261/2004 I have the right to claim:

1) a financial compensation of … EUR.

a) 250 € for 1500 km;

b) 400 € for flights within the EU over1500 km and for flights to other states between 1500 und 3500 km;

c) 600 € for all other flights.

Passengers can claim this compensation except if

-they were informed at least 2 weeks before the scheduled time of departure

-they were informed until 7 days before the scheduled start and offered an alternative flight which was close to the flying time of the original one (not more than 2 hours before the original time of departure and not more than 4 hours after the original time of arrival)

- they were informed after 7 days before the start and offered re-routing which was not more than 1 hours before the original time of departure and not more than 2 hours after the original time of arrival)

No compensation is paid if the air carrier can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided.

2) Compensation of the ticket price within 7 days if the flight has become pointless and return flight to the original point of departure or other flight to destination, ... EUR.

3) Food and drinks, telephone calls, fax, e-mails, hotel accommodation … EUR.

You can also add:

It was impossible for me to enjoy a relaxing holiday

or: Due to the cancellation of my flight my holiday stay was reduced to .... days, therefore I ask you to compensate this damage caused by ruined holiday with … EUR.

Please take notice: Damages for ruined holiday has been accepted until now only within package tours. You can claim the damage also if you missed your holiday due to the cancelling of a scheduled flight, however, your chances to get a compensation without going to court are quite low.

If the amount of _____ EUR is not paid within 15 days after receipt of this letter, further legal action will be taken.

Yours faithfully

Name and Surname

Signature

Bank Account:

For Italian companies: BBAN

For foreign companies: IBAN and BIC (SWIFT)

Enclosed please find:

Copy of tickets

Copy of receipts, bills ...

Please notice: Keep a copy of this letter and the added documents!!

Never enclose originals!

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