The air passenger rights in the European Union
The relevant act of the European Union (“EU”) covering the air passenger rights in the event of delay or cancellation of flights is directly applicable and entirely binding Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (“Regulation”). Slovenian Obligations and Real Rights in Air Navigation Act (“ZOSRL”) also refers to the direct applicability of the Regulation, which is thus applicable in the entire territory of the Republic of Slovenia.
Under the aforementioned Regulation, passengers departing from an airport located in an EU Member State and passengers flying from an airport located in the third country to an airport in an EU Member State with the air carrier from the EU have the rights to reimbursement, re-routing, assistance and right to compensation. A right to compensation arises if a passenger confirmed a reservation on the flight concerned and checked-in on time, meaning that the passenger already acquired his or her boarding pass. A passenger does not have to check-in if the flight has already been cancelled.
In the event of lost or damaged baggage, the rights of passengers are regulated by the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) and Regulation No 889/2002 amending Regulation (EC) No 2027/97 on air carrier liability in the event of accidents.
An air carrier is liable in case of loss, destruction or damage to baggage on the plane or after the baggage has been checked. An air carrier is held strictly liable for the checked baggage; in the case of hand luggage, the air carrier is liable only if at fault. An air carrier IS NOT held liable if the damage or destruction resulted from the inherent defect or quality of the baggage.
We have prepared some information for you that can come in handy if you as an air passenger find yourself in one of these situations. We hope you will not encounter these difficulties or, at least, they will be few; however, if they do occur these guidelines may help determine your rights in a specific situation and the deadlines for their enforcement.
Authors: Urban Marolt, student
Ana Vran, senior associate
