Regulation on Establishment of Rights and Compensation to Passengers in Case of Cancellation or Long Delay of Flights.

Establishment of rights and compensation to passengers in case of denied boarding, cancellation or long delay of flights.

According to the provisions of this regulation sets out the conditions in which the air transport passengers can benefit their minimum rights in the event of:

a) denied boarding against their will;

b) cancellation of their flight;

c) delay of the flight.

Provision of the Regulation applies to:

a) passengers departing from an airport located in the territory of the Republic of Moldova;

b) passengers departing from an airport located in a third country to an airport located on the territory of the Republic of Moldova, with the exception of situations where they have already received compensation and received assistance in the third country, in the case if the carrier of the airline flight is a carrier of the Republic of Moldova.

Passengers can count on compensation and assistance from the carrier if:

a) the passenger has a confirmed reservation on an appropriate flight, personally appeared for registration under specified conditions and at the time indicated in advance in writing (including by electronic means) airline, tour operator or travel agent, or, if no time is entered no later than 45 minutes before the published departure time;

b) flight, on which was confirmed the booking was changed by airline, travel agent or tour operator on another flight, irrespective of the reasons for this change.

However, passengers who travel for free or at a reduced fare not available directly or indirectly by the public, can not rely on compensation and assistance provided by this Decision Even so, the rules provided in the Regulations, shall apply to passengers having tickets issued airline, tour operator or travel agency program frequent flyer or other commercial programs.

In any case, where an air carrier presupposes a possible delay of flight for more than an hour, as follows:

a) by two hours for flights between 1500 km or less;

b) for three hours or more for all flights between 1500 and 3500 kilometers;

c) for four hours or more for all flights not falling under subparagraphs a) or b), then the passenger airlines are offered: food and beverages, according by the waiting time.

In addition, passengers are entitled to two free calls and send free messages via telex, fax or email.

If the advance of their estimated time of departure is delayed for at least one day after the time of departure, announced initially, passengers are provided with hotel accommodation for one or more nights, or in case of need - accommodation, additional to what was planned by the passenger as well as, transfer from the airport to the residence.

Passengers receive compensation amounting to:

a) 250 Euro for all flights between 1500 km or less;

b) 400 Euro for all flights between 1500 and 3500 kilometers;

c) 600 Euro for all flights not falling under subparagraphs a) or b).

In determining the distance is taken into account the last point where the passenger should arrive after the scheduled time due to denied boarding or canceled.

Compensation is made in Moldavian Lei at the exchange rate of the National Bank on the date of payment.

If passengers are offered re-routing to the 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 - for all flights up to 1500 kilometers;

b) for three hours - for flights between 1500 and 3500 kilometers;

c) by four hours for all flights not falling under subparagraphs a) or b).

In these cases, the air carrier may reduce by 50% the size of the compensation provided.

If the carrier transfers passengers in a more expensive class than the one that matches the purchased ticket, the air carrier can not request for this additional payment.

If the carrier transfers passengers to a cheaper class than the one corresponding to the purchased ticket, in term of seven days refunds:

a) 30% of the cost of the ticket for all flights up to 1500 kilometers;

b) 50% of the cost of the ticket for all flights between 1500 and 3500 kilometers;

c) 75% of the ticket price for flights not falling under subparagraphs a) or b).

Any person who considers that his rights under this Regulation have been infringed, may apply to the competent authorities, in accordance with applicable law.

The air carrier must ensure that the check-in area was posted an announcement, consisting of the following text printed clear and legible letters: "If you are denied boarding or if your flight is canceled or delayed for at least two hours, ask at the front desk or at the gate, the text indicating your rights, particularly with regard to compensation and assistance. "

Agency for the Protection of Consumer Rights monitors compliance with legislation in the field of consumer protection for air transport.

The full text of the Decision is available at the following address:

Flights Passengers Rights Moldova | Flights Passengers Rights Moldova.

Decision of the Government of the Republic of Moldova on the approval of the Regulation on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights No 836 as of 08.11.2012.

Published in Monitorul Oficial No 237-241/902 of 16.11.2012.

Decision takes effect from the date of publication.


 

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