Applicability:
This Regulation establishes, passenger’s rights when:
1) They are denied boarding against their will.
2) Flight is cancelled
3) Flight is delayed
4) Upgrading and downgrading
5) Loss ,damage or delay of baggage
This shall be applied on condition that:
1- Passengers departing from an airport located in the territory of a Member State (European union country ) to which the Treaty applies;
2- Passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating airline of the flight concerned is an EU carrier.
3- Have a confirmed reservation on the flight concerned.
4- Arrived on time for check-in as indicated on the ticket or, if no time is so indicated, not later than (45) minutes before the published departure time of the flight, Or have been transferred from the flight for which the passenger held a reservation to some other flight.
This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or
tour operator.
1-Denied boarding:
“Denied boarding” does not cover a situation where there are reasonable grounds for refusing to carry passengers on a flight, such as for reasons of health, safety or security, or inadequate travel documentation. However, the concept of ‘denied boarding’ relates not only to cases of overbooking but also to those where boarding is denied on other grounds, such as operational reasons.
When an Airline reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations
Volunteers shall be offered:
Benefits under conditions to be agreed between the passengers concerned and the Airline.
And the choice between Reimbursement within seven days, of the full cost of the 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 the passenger’s original travel
plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity, OR re-routing, under comparable transport conditions, to their final destination at the earliest opportunity OR destination at a later date at the passenger's convenience, subject to availability of seats
When, in the case where a town, city or region is served by several airports, an operating airline offers a passenger a flight to an airport alternative to that for which the booking was made, the operating airline shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.
If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to board the flight, the operating Airline may then deny boarding to passengers against their will.
Non volunteers Passengers shall be offered free of charge:
a) Meals and refreshments in a reasonable relation to the waiting time;
b) Hotel accommodation in cases Where a stay of one or more nights becomes necessary.
c) Transport between the airport and place of accommodation (Hotel or other).
In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
And the choice between
Reimbursement within seven days, of the full cost of the 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 the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity OR re-routing, under comparable transport conditions, to their final destination at the earliest opportunity OR destination at a later date at the passenger's convenience, subject to availability of seats When, in the case where a town, city or region is served by several airports, an operating airline offers a passenger a flight to an airport alternative to that for which the booking was made, the operating airline shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.
And a compensation as follow:
1- All Flights Of 1500 Kilometers Or Less an amount of not less than EUR 250
2- All intra-community flights of more than 1500 kilometers and 3500 kilometers an amount of not less than EUR 400
3- Flights not falling under 1&2 an amount of not less than EUR 600
The Airline may reduce the compensation provided by fifty percent (50%) when :
-passengers are offered re-routing to their final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked.
a) By two hours, in respect of all flights of 1500 kilometers or less; or
b) By three hours, in respect of all intra-community carrier flights of more than 1500 kilometers
and for all other flights between 1500 and 3500 kilometers; or
c) By four hours, in respect of all flights not falling under (a) or (b),2-Cancellation:
2.1 Cancellation Assistance
1-In case of cancellation passengers concerned shall be offered assistance by the Airline as follows:
Passengers shall be offered the choice between:
Reimbursement within seven days, of the full cost of the 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 the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity, OR re-routing, under comparable transport conditions, to their final destination at the earliest opportunity. OR destination at a later date at the passenger's convenience, subject to availability of seats When, in the case where a town, city or region is served by several airports, an operating airline offers a passenger a flight to an airport alternative to that for which the booking was made, the operating airline shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.
Passengers shall be offered free of charge:
Meals and refreshments according to the waiting time; In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
As well as, in event of rerouting when 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, passenger also shall be offered :
Hotel accommodation in cases Where a stay of one or more nights becomes necessary Transport between the airport and place of accommodation (Hotel or other).
2.2 Cancellation Compensation
In case of a flight cancellation, EGYPTAIR will offer to the concerned Passenger assistance and/or compensation as applicable according to its compensation policy, and as may be required by applicable law, except for the following cases where the Passenger shall not be entitled to compensation (unless otherwise required by applicable law):
1- The Passenger is informed of the cancellation at least two weeks (fourteen days) before the scheduled time of departure.
2- The passenger is informed of the cancellation between two weeks and seven days before the scheduled time of departure and is offered re-routing, allowing the passenger to depart on his original departure time or no more than two hours before the scheduled time of departure and to reach his final destination not more than four hours after the scheduled time of arrival.
3- The passenger is informed of the cancellation less than seven days before the scheduled time of departure and is offered re-routing, allowing the passenger to depart no more than one hour before the scheduled time of departure and to reach his final destination not more than two hours after the scheduled time of arrival.
Passengers have the right to a compensation by the Airline as follows :
1- All Flights Of 1500 Kilometers Or Less an amount of not less than EUR 2502- All intra-community flights of more than 1500 kilometers and 3500 kilometers an amount of not less than EUR 400
3- Flights not falling under 1&2 an amount of not less than EUR 600
The Airline may reduce the compensation provided by fifty percent (50%) when :
Passengers are offered re-routing to their final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
a) By two hours, in respect of all flights of 1500 kilometers or less; or
b) By three hours, in respect of all intra-Community flights of more than 1 500 kilometers and for all other flights between 1500 and 3500 kilometers; or
c) By four hours, in respect of all flights not falling under (a) or (b),Passengers should be compensated according to the above mentioned table, unless:
They are informed of the cancellation at least two weeks before the scheduled time of departure; or They are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; orThey are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Regarding Cancelations:
When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.
An Airline shall not be obliged to pay compensation in accordance, if it can be proven that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating Airline.
3-Delay:
When an operating airline reasonably expects a flight to be delayed beyond its scheduled time of departure:
For two hours or more in the case of flights of 1500 kilometers or less; or
For three hours or more in the case of all intra-Community flights of more than 1500
kilometers and of all other flights between 1500 and 3500 kilometers; or For four hours or more in the case of all flights not falling under (a) or (b), Passengers shall be offered
Meals and refreshments according to the waiting time;
In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
When the reasonably expected time of departure is at least the day after the time of departure previously announced, Passengers shall be offered Hotel accommodation in cases:
Where a stay of one or more nights becomes necessary, or Where a stay additional to that intended by the passenger becomes necessary;
Transport between the airport and place of accommodation (hotel or other)
And
When the delay is at least five hours, passengers can choose
Reimbursement within seven days, of the full cost of the 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 the passenger's original travel plan, together with, when relevant,
- A return flight to the first point of departure, at the earliest opportunity;
4-Upgrading and Downgrading:
1. Where an Airline places a passenger in a class of service higher than that for which the ticket was purchased, the Airline shall not request any supplementary payment.
2. Where an Airline places a passenger in a class of service lower than that for which the ticket was purchased, the Airline shall within seven days, of this Part, reimburse the passenger with the difference in the fares of both classes
a) 30 % of the price of the ticket for all flights of 1500 kilometers or less, or
b) 50 % of the price of the ticket for all intra-Community flights of more than 1500 kilometers, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1500 and 3500 kilometers , or
c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.
3. The definition of downgrading (or upgrading) applies to the class of carriage for which the ticket was purchased and not to any advantages offered through a frequent flyer program or other commercial program provided by an air carrier or tour operator.
5-Baggage:
Airlines liability in the case of destruction, loss, damage or delay of baggage is limited to SDR 1,131 Special Drawing Rights “
*Reimbursement and compensation shall be paid in cash, electronic bank transfer, bank orders or bank cheques or, with the sign agreement of the passenger, in travel vouchers or other services.