### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 25 , eur 0 , 15 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 19 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation .


### consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package . basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the union . consumers should be able to choose a different provider for roaming services without changing their number , and in a manner which ensures interoperability of services , with roaming services being provided anywhere in the union and with the same level of quality . ### customers should have the right to opt for the separate sale of roaming services from their domestic mobile package . basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the union . the conditions offered by home providers of roaming services should be easy for customers to compare . to that end , the commission should propose uniform criteria for the provision of such information . for this purpose the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carry out appropriate consultations with berec and the stakeholders , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . until such criteria are adopted , national regulatory authorities should encourage the provision of comparable information , for instance by means of guides which use as a reference the regulated tariffs applied to the relevant roaming services . customers should be able to choose a different provider for roaming services without changing their number , and in a manner which ensures interoperability of services , with roaming services being provided anywhere in the union and with the same level of quality .


### ‘ alternative roaming provider’ means a home provider , different from the operator providing domestic mobile communication services , that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller ; ### ‘ alternative roaming provider’ means a provider , different from the operator providing domestic mobile communication services , that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller ;


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 45 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 20 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 20 , per megabyte used until 30 june 2016 .


### in order to improve the transparency of retail prices for making and receiving regulated roaming calls within the union and to help roaming customers make decisions on the use of their mobile telephones while abroad , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited member state . moreover , providers should give their customers , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service . ### in order to improve the transparency of retail prices for the use of roaming services and to help roaming customers make decisions on the use of their mobile telephones while abroad , when travelling both within and outside the union , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when using roaming services in a visited country . moreover , providers should give their customers , provided that they are located in the union , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service .


### in order to ensure the development of the single market , implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the union . ### in order to ensure the development of the single market , implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the union and meet the following criteria : any technical solution must be cost - effective ; b ) it shall be designed in a customer - friendly way ; c ) it shall allow for a maximum degree of interoperability ; d ) customers shall be able to easily and quickly switch to an alternative roaming provider or between alternative roaming providers while retaining their mobile number ; e ) roaming by union citizens in third countries or by third - country citizens in the union shall not be impeded .


### in particular , mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another member state . this information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension . ### in particular , mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another country . this information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension .


### in order to facilitate customers ' understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing , by indicating their approximate size in terms of data usage . ### in order to facilitate customers ' understanding of the financial consequences of the use of data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing , by indicating their approximate size in terms of data usage .


### in article 13 of directive 2004 / 40 / ec the date ' 30 april 2012 ' is replaced by ' 30 april 2014 ' . ### in article 13 of directive 2004 / 40 / ec the date ' 30 april 2012 ' is replaced by ' 31 october 2013 ' .


### “connecting flight” means a flight which , under a single contract of carriage , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , where appropriate in the context , means that other flight departing from the transfer point . ### ' connecting flight ' means a flight which , under a single contract of carriage and a single booking reference , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , in the context of article 6a , means that other flight departing from the transfer point ;


### ' ticket price ' means the full price paid for a ticket and including the air fare , and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket ; ### ' ticket price ' means the full price paid for a ticket and including the air fare , all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket related to the air transport part of the journey .


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### air carriers shall clearly indicate , prior to final booking , in all distribution channels including computerised reservation systems , and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that will be applied within a given maximum baggage allowance and details of additional charges applicable for the carriage of baggage . regardless of the distribution channel , items attracting additional charges must be capable of being purchased together with the core travel service .


### airports and airport users such as air carriers and ground handling companies should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting . to this end , they should prepare contingency plans for such occurrences and work together in the development of such plans . ### the airport managing body and airport users such as air carriers , ground handling companies and navigation service providers should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and re - routing . to this end they should prepare contingency plans for such occurrences and work together with national , regional or local authorities in the development of such plans . existing contingency plans should if necessary be adapted accordingly .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that two conditions are fulfilled : – that the delay or change of schedule is caused by extraordinary circumstances , and – that the delay or change of schedule could not have been avoided even if all reasonable measures had been correctly taken . such extraordinary circumstances can only be invoked insofar as they affect the flight concerned or the previous flight operated by the same aircraft .


### paragraphs 1 and 2 apply also to third country air carriers operating a connecting flight to or from an eu airport . ’ ### paragraphs 1 and 2 also apply to third - country air carriers operating a connecting flight from an airport within the union to another airport within the union , or from an airport within the union to an airport outside the union . ’


### where the bodies designated under articles 16 and 16a differ , reporting mechanisms shall be set up to ensure the exchange of information between the various bodies in order to help the national enforcement body to carry out its tasks of supervision and enforcement and for the body designated under article 16a to collect the information necessary to examine individual complaints . ### in accordance with directive 2013 / 11 / eu , cooperation mechanisms shall be set up between the national enforcement body and the body designated under article 16a which shall include mutual information exchanges in order to help the national enforcement body to carry out its tasks of supervision and enforcement and for the body designated under article 16a to collect the information and technical expertise necessary for the handling of individual complaints . in addition , a union - wide mechanism shall be set up between all bodies designated by under this article and article 16a to ensure the exchange of information about infringements , sanctions and best practices of enforcement between all member states .


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### air carriers shall clearly indicate , at an early stage of the booking process , in all distribution channels including computerised reservation systems , and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that will be applied within a given maximum baggage allowance . details of additional charges applicable for the carriage of baggage air carriers shall be communicated at an early stage of the booking process and on request at the airport in a clear , transparent and unambiguous manner . core travel service and additional charges must be clearly identifiable and purchasable separately from each other .


### the community air carrier shall provide a complaint form at the airport which allows the passenger to immediately submit such a complaint about damaged or delayed baggage . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the montreal convention . ### at all airports , air carriers and their groundhandlers shall set up a service to provide passengers with a complaint form which allows them to immediately submit a complaint about damaged or delayed baggage upon arrival . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of passengers to submit a complaint via other means within the deadlines prescribed by the montreal convention . the commission shall be empowered , by means of implementing acts in accordance with the procedure referred to in article 16c , to set up the standardized claim form .


### labour disputes at the operating air carrier or at essential service providers such as airports and air navigation service providers . ### labour disputes at essential service providers such as airports and air navigation service providers .


### without prejudice to article 8 , this regulation shall only apply to passengers transported by motorised fixed wing aircraft . however , where a part of the journey is carried out , in accordance with a contract of carriage , by another mode of transport or by helicopter , this regulation shall apply for the whole journey and the part of the journey carried out by another mode of transport shall be considered as a connecting flight for the purposes of this regulation . ' ### without prejudice to article 8 , this regulation shall only apply to passengers transported by motorised fixed wing aircraft . however , where a part of the journey is carried out , in accordance with a single contract of carriage and under a single booking , by another mode of transport or by helicopter , this regulation shall apply for the whole journey if stated in the travel contract .


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the air carrier shall provide a full answer to the passenger . ### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . the submission of a complaint within three months and after the expiry of that three - month period shall be without prejudice to his right to enforce his claims under this regulation within the framework of the judicial system and an out - of - court resolution . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the air carrier shall provide a full answer to the passenger . where the air carrier does not provide that full answer within that two - month period , it shall be deemed to accept the passenger’s claims .


### each passenger may complain to any national body designated under paragraph 3 , about an alleged infringement of this regulation at any airport situated on the territory of a member state or concerning any flight from a third country to an airport situated on that territory . such complaints may be submitted at the earliest two months after a complaint was submitted to the concerned carrier unless the carrier has already provided a final reply to such complaint . ### on receipt of the full answer from the air carrier , the passenger concerned may complain to any national body designated under paragraph 3 about an alleged infringement of this regulation at any airport situated on the territory of a member state or concerning any flight from any airport situated on the territory of a member state or from a third country to such airports . such complaints may be submitted within a pre - specified time - limit , which shall be set at not less than one year from the date on which the passenger submitted the complaint or claim to the carrier concerned .


### each passenger may complain to any national body designated under paragraph 3 , about an alleged infringement of this regulation at any airport situated on the territory of a member state or concerning any flight from a third country to an airport situated on that territory . such complaints may be submitted at the earliest two months after a complaint was submitted to the concerned carrier unless the carrier has already provided a final reply to such complaint . ### on receipt of the full answer from the air carrier , the passenger concerned may complain to any national out - of - court dispute resolution body designated under paragraph 3 about an alleged infringement of this regulation at any airport situated on the territory of a member state or concerning any flight from any airport situated on the territory of a member state or of a third country to such airports . such complaints may be submitted within a pre - specified time - limit , which shall be set at not less than one year from the date on which the passenger submitted the complaint or claim to the carrier concerned .


### regulation no 261 / 2004 should explicitly include the right to compensation for passengers suffering long delays , in line with the judgement of the european court of justice in the joined cases c - 402 / 07 and c - 432 / 07 . at the same time , the thresholds above which delays give rise to a right to compensation should be increased to take account of the financial impact on the sector and to avoid any increase in the frequency of cancellations as a consequence . to ensure that citizens travelling within the eu face homogenous conditions for compensation , the threshold should be the same for all travel within the union , but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports . ### regulation no 261 / 2004 should explicitly include the right to compensation for passengers suffering long delays , in line with the judgement of the european court of justice in the joined cases c - 402 / 07 and c - 432 / 07 sturgeon . to ensure that citizens travelling within the union face homogenous conditions for compensation , the threshold should be the same for all travel within the union , but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers in dealing with delays at remote airports .


### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . ’ ### where the passenger , or an intermediary acting on behalf of the passenger , reports spelling mistakes in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct those mistakes at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . ’


### within 7 days of receiving the complaint , the designated body shall confirm receipt of the complaint and shall send a copy to the appropriate national enforcement body . the time taken to provide the final reply to the complainant shall not be longer than three months from the receipt of the complaint . a copy of the final reply shall also be provided to the national enforcement body . ### where a designated body has received a complaint , it shall notify the parties to the dispute as soon as it has received all documents containing the information relating to the complaint . it shall send a copy of the documents relating to the complaint to the appropriate national enforcement body . the time taken to provide the final reply to the complainant shall not be longer than 90 calendar days from the date on which the designated body has received the complete complaint file . a copy of the final reply shall also be provided to the national enforcement body .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that two conditions are fulfilled : – the delay or change of schedule is caused by extraordinary circumstances , and – that the delay or change of schedule could not have been avoided even if all measures had been correctly taken . where technical defaults are invoked , such extraordinary circumstances can only be invoked in so far as they affect the flight concerned or the previous flight operated by the same aircraft .


### whenever passengers are offered , pursuant to paragraph 1 , a total or partial rerouting by another mode of transport , this regulation shall apply to the transport carried out by that other mode of transport as if it were carried out by fixed wing aircraft . ### whenever passengers are offered , pursuant to paragraph 1 , a total or partial re - routing by another mode of transport , article 6a shall apply to the transport carried out by that other mode of transport in accordance with the re - routing agreements in place between the operating airline and the other mode of transport .


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . ### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within three months from the date on which the flight took place or was scheduled to take place , without prejudice to his right of access to the judicial system and to out - of court resolution after the expiry of that three - month period . within seven days of receiving the complaint , the air carrier shall confirm receipt thereof to the passenger . within two months of receiving the complaint , the air carrier shall provide a full answer to the passenger . where the air carrier does not provide that full answer within that two - month period , it shall be deemed to accept the passenger’s claims .


### air traffic management restrictions or closure of airspace or an airport ; ### unforeseen air traffic management restrictions or the unforeseen closure of airspace or an airport ;


### security risks , acts of sabotage or terrorism rendering impossible the safe operation of the flight ; ### security risks , acts of sabotage or terrorism , violent political conflicts or wars rendering impossible the safe operation of the flight ;


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### air carriers shall clearly indicate , prior to final booking , in all distribution channels including computerised reservation systems , and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that will be applied within a given maximum baggage allowance and details of additional charges applicable for the carriage of baggage . regardless of the distribution channel , items attracting additional charges must be capable of being purchased together with the core travel service .


### the delegation of power referred to in article 6 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 6 shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### ‚4 . if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### ‚4 . if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken correctly , it may limit the accommodation provided according to paragraph 1 to eur 125 per night and per passenger . if the passenger arranges his own accommodation , the air carrier may limit the costs of the accommodation to eur 125 per night and 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights . this shall at all events be without prejudice to the obligation of operating air carriers to provide accommodation , and the carrier shall comply with this obligation as a priority , in addition to the continued obligations for information specified in article 14 .


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems affecting the aircraft which are caused by natural disasters , acts of sabotage or terrorism or meteorological conditions , or a hidden manufacturing defect revealed by the manufacturer or a competent authority or a defect arising during the flight for reasons other than those referred to in point of paragraph 2 where the defect in question impinges on flight safety and prevents the normal continuation of the flight ;


### where the passenger does not acquire a ticket directly from the operating air carrier , but via an intermediary established within the union , this intermediary shall provide the passenger’s contact details to the air carrier , on condition that the passenger has given his explicit and written authorisation . this authorisation may only be given on an “opt - in” basis . the air carrier may use these contact details exclusively for the purpose of fulfilling the information obligation under this article and not for marketing purposes and shall delete the contact details within 72 hours after the completion of the contract of carriage . the processing , access and storage of these data shall be undertaken in accordance with directive 95 / 46 / ec of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### where the passenger does not acquire a ticket directly from the operating air carrier , but via an intermediary established within the union , that intermediary shall provide the passenger’s contact details to the air carrier , on condition that the passenger has given his consent . that consent may only be given on an “opt - in” basis . the air carrier may use those contact details exclusively for the purpose of fulfilling the information obligation under this article and not for marketing purposes , and shall delete the contact details within 72 hours after completion of the contract of carriage . the passenger’s consent to the transfer of his / her contact details to the air carrier and to the processing , access and storage of those data shall be undertaken in accordance with directive 95 / 46 / ec of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### the airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport . it shall also ensure that passengers present at the airport are informed about the cancellation of their flight and about their rights in case the airline unexpectedly ceases operations as in the case of insolvency or revocation of its operating licence . ### the airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport . on the basis of the information received , it shall also ensure that passengers present at the airport are informed about the causes and their rights in cases of delays and flight disruptions , such as the cancellation of their flight , and about their rights in the event that the airline unexpectedly ceases operations , for example in the event of its insolvency or revocation of its operating licence .


### nine hours or more after the scheduled time of arrival for journeys to / from third countries between 3500 and 6000 kilometres ; ### five hours or more after the scheduled time of arrival for journeys to / from third countries of more than 3 500 kilometres ;


### in the case c - 22 / 11 , the european court decided that the concept of ‘ denied boarding’ must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds , such as operational reasons . given this confirmation , there is no reason to modify the current definition of “denied boarding” . ### in case c - 22 / 11 finnair , the court of justice decided that the concept of ‘ denied boarding’ must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds , such as operational reasons . the definition of “denied boarding” should cover cases where the scheduled time of departure has been changed to an earlier departure with the consequence that a passenger misses the flight .


### reimbursement within seven days of the passenger ' s request , by the means provided for in article 7 , of the flight price , 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 , ### reimbursement within seven working days of the passenger ' s request , by the means provided for in article 7 , of the flight price , 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 ,


### the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight . such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier . ### the operating air carrier shall not apply the limitations set out in article 9 and if the passenger is a disabled person or a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the operating air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight . such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or other flights on the airline’s schedule the cancellation of which is proven by the airline to have been caused directly by the extraordinary circumstances in question .


### air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration . this uncertainty linked with the absence of any foreseeable limit in time may risk endangering a carrier’s financial stability . an air carrier should therefore be able to limit the provision of care after a certain duration of time . moreover , contingency planning and speedy rerouting should lessen the risk of passengers being stranded for long periods . ### air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration . an air carrier should , however , be able to limit the provision of care as regards the costs of accommodation and , in cases where passengers arrange the accommodation themselves , as regards costs and care after a certain duration of time . moreover , contingency planning and speedy re - routing should lessen the risk of passengers being stranded for long periods .


### within 7 days of receiving the complaint , the designated body shall confirm receipt of the complaint and shall send a copy to the appropriate national enforcement body . the time taken to provide the final reply to the complainant shall not be longer than three months from the receipt of the complaint . a copy of the final reply shall also be provided to the national enforcement body . ### where a designated body has received a complaint , it shall notify the parties to the dispute as soon as it has received all documents containing the information relating to the complaint . it shall send a copy of the documents relating to the complaint to the appropriate national enforcement body . the time taken to provide the final reply to the complainant shall not be longer than 90 calendar days from the date on which the designated body has received the complete complaint file . a copy of the final reply shall also be provided to the national enforcement body .


### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of five hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety related or security - related reasons why the aircraft cannot leave its position on the tarmac . ### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of two hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac .


### ' 3 . the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight , such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier . ' ### ' 3 . the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance . '


### the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight , such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier . ### the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with a disability , a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance .


### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of five hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . ### subject to safety constraints , where a tarmac delay occurs , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of two hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac , or unless take - off is imminent , meaning it is likely to take place within half an hour .


### where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight , the passenger shall have a right to compensation by the community air carrier operating that preceding flight in accordance with article 6 . for these purposes , the delay shall be calculated by reference to the scheduled time of arrival at the final destination . ### where a passenger misses a connecting flight as a result of a change of schedule or a delay to a preceding connecting flight at the transfer point of 90 minutes or more , the passenger shall have a right to compensation by the union air carrier operating that preceding flight in accordance with article 6 . for these purposes , the overall delay shall be calculated by reference to the scheduled time of arrival at the final destination .


### the community air carrier shall provide a complaint form at the airport which allows the passenger to immediately submit such a complaint about damaged or delayed baggage . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the montreal convention . ### at all airports , the airport managing body shall set up a service to provide passengers with a complaint form which allows them to immediately submit a complaint about damaged or delayed baggage upon arrival . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of passengers to submit a complaint via other means within the deadlines prescribed by the montreal convention . a union wide harmonised claim form is set out in annex 2a to this regulation .


### musical instruments should as far as possible be accepted as baggage within the passenger cabin and , where this is not possible , should where possible be carried under the appropriate conditions in the cargo compartment of the aircraft . regulation no 2027 / 97 should be amended accordingly . ### musical instruments should as far as possible be accepted as baggage within the passenger cabin and , where this is not possible , should where possible be carried under the appropriate conditions in the cargo compartment of the aircraft . in order to allow the passengers concerned to assess whether their instrument can be stored in the cabin , air carriers should inform them about the size of storage facilities . regulation no 2027 / 97 should be amended accordingly .


### ' 4 . if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### ' 4 . if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 175 per night and per passenger and to a maximum of five nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the five nights , in addition to the continued obligations for information specified in article 14 .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided despite taking all reasonable measures . such extraordinary circumstances in the case of a technical failure of the aircraft intended to operate a given flight can only be invoked when those circumstances occurred just prior to or on the flight in question , or on the flight immediately prior to that flight , in so far as they affect the flight in question .


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned , or the identification of damage , such as engine damage caused by bird strike that occurred during the previous flight , and which in both cases prevent the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ;


### in cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this regulation , no provision of this regulation or of national law may be interpreted as restricting its right to seek compensation for the costs incurred under this regulation from any third parties which contributed to the event triggering compensation or other obligations . ### in cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this regulation , and without prejudice to existing contracts for disclaimer between third parties , no provision of this regulation or of national law may be interpreted as restricting its right to recover the costs incurred under this regulation from any third parties which contributed to the event triggering compensation or other obligations .


### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the accommodation provided according to paragraph 1 to a maximum of 3 nights . the operating air carrier shall provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that two conditions are fulfilled : – that the delay or change of schedule is caused by extraordinary circumstances , and – that the delay or change of schedule could not have been avoided even if all reasonable measures had been correctly taken . such extraordinary circumstances can only be invoked insofar as they affect the flight concerned or the previous flight operated by the same aircraft .


### “extraordinary circumstances” means circumstances which , by their nature or origin , are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ; ### ' extraordinary circumstances ' means circumstances which , by their nature or origin , are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex . moreover , by means of delegated act in accordance with article 16e , the non - exhaustive list of circumstances considered as extraordinary circumstances resulting from the work of the national enforcement bodies shall be set out in detail .


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### air carriers shall clearly indicate , at an early stage of the booking process , in all distribution channels including computerised reservation systems , and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that will be applied within a given maximum baggage allowance . details of additional charges applicable for the carriage of baggage air carriers shall be communicated at an early stage of the booking process and on request at the airport in a clear , transparent and unambiguous manner . core travel service and additional charges must be clearly identifiable and purchasable separately from each other .


### where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight , the passenger shall have a right to compensation by the community air carrier operating that preceding flight in accordance with article 6 . for these purposes , the delay shall be calculated by reference to the scheduled time of arrival at the final destination . ### where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight , the passenger shall have a right to compensation by the community air carrier operating that preceding flight in accordance with article 6 . for these purposes , the delay shall be calculated by reference to the scheduled time of arrival at the airport where the connection was to have been made .


### “connecting flight” means a flight which , under a single contract of carriage , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , where appropriate in the context , means that other flight departing from the transfer point . ### “connecting flight” means a flight which , under a single contract of carriage and a single booking reference , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , where appropriate in the context , means that other flight departing from the transfer point .


### where the bodies designated under articles 16 and 16a differ , reporting mechanisms shall be set up to ensure the exchange of information between the various bodies in order to help the national enforcement body to carry out its tasks of supervision and enforcement and for the body designated under article 16a to collect the information necessary to examine individual complaints . ### in accordance with directive 2013 / 11 / eu , cooperation mechanisms shall be set up between the national enforcement body and the body designated under article 16a which shall include mutual information exchanges in order to help the national enforcement body to carry out its tasks of supervision and enforcement and for the body designated under article 16a to collect the information and technical expertise necessary for the handling of individual complaints . in addition , a union - wide mechanism shall be set up between all bodies designated by under this article and article 16a to ensure the exchange of information about infringements , sanctions and best practices of enforcement between all member states .


### the air carrier may reach a voluntary agreement with the passenger that replaces the compensation provisions set out in paragraph 1 , provided that this agreement is confirmed by a document signed by the passenger which reminds the passenger of his rights to compensation under this regulation . “ ### the air carrier may reach a voluntary agreement with the passenger that replaces the compensation provisions set out in paragraph 1 in at least an equivalent manner with the other non - monetary benefits , provided that this agreement is confirmed by a document signed by the passenger which reminds the passenger of his rights to compensation under this regulation . such an agreement may only be concluded after the events giving rise to the entitlement have occurred .


### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### the operating air carrier may limit the total cost of accommodation provided according to paragraph 1 to eur 80 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , paragraph 1 and shall not apply .


### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken correctly , it may limit the accommodation provided according to paragraph 1 to eur 125 per night and per passenger , if the passenger decides to arrange his own accommodation . this shall at all events be without prejudice to the obligation of operating air carriers to provide accommodation , and the carrier shall comply with this obligation as a priority , in addition to the continued obligations for information specified in article 14 . this limitation shall not apply where the air carrier failed to provide the accommodation .


### given the short deadlines for the submission of complaints for lost , damaged or delayed baggage , air carriers should give passengers the possibility to submit a complaint by providing a complaint form at the airport . this could also take the form of the common property irregularity report . ### given the short deadlines for the submission of complaints for lost , damaged or delayed baggage , air carriers should give passengers the possibility to submit a complaint by providing a complaint form in all eu official languages at the airport . this could also take the form of the common property irregularity report .


### «extraordinary circumstances» means circumstances which , by their nature or origin , are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ; ### «extraordinary circumstances» means circumstances beyond the control of the air carrier concerned in the normal exercise of its activity and outside the obligations imposed by the relevant safety and security rules to be observed . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ;


### an operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this regulation , including information on possible limitations pursuant to articles 9 and 9 . it shall also provide each passenger affected by a delay or a change of schedule of at least two hours with an equivalent notice . the contact details of the competent complaint handling bodies designated under article 16a shall also be given to the passenger in written form . ### in the event of denied boarding , flight cancellation , delay or change of schedule of at least two hours , the operating air carrier shall as soon as possible fully inform the passenger affected and provide him with a written notice setting out the rules for compensation and assistance in line with this regulation , including information on possible limitations pursuant to articles 9 and 9 , and of possible alternative transport modes . the contact details of the competent complaint handling bodies designated under article 16a shall also be given to the passenger in written form .


### where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight , the community air carrier operating the onward connecting flight shall offer the passenger : ### where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight , the union air carrier operating that preceding flight shall offer the passenger :


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the two conditions laid down in article 5 have been fulfilled .


### without prejudice to article 8 , this regulation shall only apply to passengers transported by motorised fixed wing aircraft . however , where a part of the journey is carried out , in accordance with a contract of carriage , by another mode of transport or by helicopter , this regulation shall apply for the whole journey and the part of the journey carried out by another mode of transport shall be considered as a connecting flight for the purposes of this regulation . ### without prejudice to article 8 , article 6a shall only apply to passengers transported by motorised fixed wing aircraft . ' however , where a part of the journey is carried out , in accordance with a single contract of carriage and on the basis of a single reservation , by another mode of transport or by helicopter , this regulation shall apply for the whole journey if it was so indicated in the contract of carriage '


### where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight , the community air carrier operating the onward connecting flight shall offer the passenger : ### where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight , the community air carrier responsible for the delay shall offer the passenger :


### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . ' ### where the passenger , or an intermediary acting on behalf of the passenger , reports one or more spelling mistakes in the name of one or more passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct the errors at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law .


### when the delay is of at least five hours , the assistance specified in article 8 . ### when the delay is of at least three hours , the assistance specified in article 8 .


### for disabled persons , persons with reduced mobility and other persons with special needs such as unaccompanied children , pregnant women and persons in need of specific medical attention , it may be more difficult to arrange accommodation when flight disruptions occur . therefore , any limitations on the right for accommodation in cases of extraordinary circumstances or for regional operations should not apply to these categories of passenger . ### for persons with disabilities , persons with reduced mobility and other persons with special needs such as unaccompanied children , pregnant women and persons with specific health needs , it may be more difficult to arrange accommodation unaided when flight disruptions occur . therefore , any limitations on the right for accommodation in cases of extraordinary circumstances or for regional operations should not apply to these passengers .


### where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight , the passenger shall have a right to compensation by the community air carrier operating that preceding flight in accordance with article 6 . for these purposes , the delay shall be calculated by reference to the scheduled time of arrival at the final destination . ### where a passenger misses a connecting flight as a result of a change of schedule or a delay to a preceding connecting flight of 90 minutes or more calculated by reference to the time of arrival at the transfer point , the passenger shall have a right to compensation by the union air carrier operating that preceding flight in accordance with article 6 . for these purposes , the overall delay shall be calculated by reference to the scheduled time of arrival at the final destination .


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems such as the identification of a defect after the aircraft has been released to service and which prevents the safe continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ;


### at the time of reservation , air carriers shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this regulation and on the relevant contact addresses , to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints . ### air carriers shall provide information to passengers on their claim and complaint handling processes and the relevant time - limits under paragraph 2 of this article , in relation to the rights set out in this regulation , and on the relevant contact addresses to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier and , if relevant , the organiser shall also inform passengers of the body or bodies competent for handling passenger complaints , as designated by member states under this article and article 16 . the relevant information shall be given at the time of booking , shall be accessible to all , shall be clearly indicated in the passenger ' s ticket and on the air carrier ' s websites , and shall be handed out at the air carrier ' s desks at airports . a complaint form shall be provided to passengers .


### where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight , the passenger shall have a right to compensation by the community air carrier operating that preceding flight in accordance with article 6 . for these purposes , the delay shall be calculated by reference to the scheduled time of arrival at the final destination . ### where a passenger misses a connecting flight as a result of a change of schedule or a delay to a preceding connecting flight at the transfer point of 90 minutes or more , the passenger shall have a right to compensation by the union air carrier operating that preceding flight in accordance with article 6 . for these purposes , the overall delay shall be calculated by reference to the scheduled time of arrival at the final destination .


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### air carriers shall clearly and transparently indicate , prior to final booking , in all distribution channels including computerised reservation systems , and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger’s reservation , including any restrictions on the number of items that will be applied within a given maximum baggage allowance and details of additional charges applicable for the carriage of baggage . regardless of the distribution channel , items attracting additional charges must be capable of being purchased together with the core travel service .


### the airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport . it shall also ensure that passengers present at the airport are informed about the cancellation of their flight and about their rights in case the airline unexpectedly ceases operations as in the case of insolvency or revocation of its operating licence . ### the airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport . on the basis of the information received , it shall also ensure that passengers present at the airport are informed about the causes and their rights in cases of delays and flight disruptions , such as the cancellation of their flight , and about their rights in the event that the airline unexpectedly ceases operations , for example in the event of its insolvency or revocation of its operating licence .


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems which affect the operation of the aircraft , caused by natural disasters , sabotage , terrorism , meteorological conditions , collision with a foreign body ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority , or a defect that arose during the flight for reasons other than those referred to in point 2 , if such a defect impinges on flight safety and renders normal continuation of the flight impossible ;


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided despite taking all reasonable measures . such extraordinary circumstances in the case of a technical failure of the aircraft intended to operate a given flight can only be invoked when those circumstances occurred just prior to or on the flight in question , or on the flight immediately prior to that flight , in so far as they affect the flight in question .


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### air carriers shall clearly indicate , prior to final booking , in all distribution channels including computerised reservation systems , and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that will be applied within a given maximum baggage allowance and details of additional charges applicable for the carriage of baggage . regardless of the distribution channel , items attracting additional charges must be capable of being purchased together with the core travel service .


### in the event of cancellation or delay in departure , passengers shall be informed by the operating air carrier of the situation as soon as possible and in any event no later than 30 minutes after the scheduled departure time , and of the estimated departure time as soon as this information is available , provided the air carrier has received the passenger ' s contact details in accordance with paragraphs 6 and 7 in case the ticket was acquired via an intermediary . ### in the event of cancellation or delay in departure , passengers shall be informed by the operating air carrier of the situation , including the cause of the disruption , as soon as this information is available , and in any event no later than 30 minutes after the scheduled departure time of the estimated departure time , provided that the air carrier has received the passenger ' s contact details in accordance with paragraphs 6 and 7 in case the ticket was acquired via an intermediary


### the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight . such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier . ### the operating air carrier shall not apply the limitations set out in article 9 and if the passenger is a disabled person or a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the operating air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight . such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier .


### «tarmac delay» means , at departure , the time the aircraft remains on the ground between the start of boarding of the passengers and the take - off time of the aircraft or , at arrival , the time between the touch - down of the aircraft and the start of disembarkation of the passengers ; ### ‘ tarmac delay’ means , at departure , the time the aircraft remains on the ground between the end of boarding of the passengers and the take - off time of the aircraft or , at arrival , the time between the touch - down of the aircraft and the start of disembarkation of the passengers ;


### ‘ 5 . at airports whose annual traffic has been not less than three million passengers for at least three consecutive years , the airport managing body shall ensure that the operations of the airport and of airport users , in particular the air carriers and the suppliers of ground handling services , are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations . ### ‘ 5 . at airports whose annual traffic has been not less than one and a half million passengers for at least three consecutive years , the airport managing body , in cooperation with the airport users , in particular the air carriers , the suppliers of ground handling services , the air navigation service providers and the airport retail outlets , shall set up a proper contingency plan that shall ensure adequate coordination of the airport and the airport users in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers being stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the setting - up of contingency plans shall also include the participation of the relevant national , regional or local authorities and organisations when appropriate . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations .


### «extraordinary circumstances» means circumstances which , by their nature or origin , are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ; ### «extraordinary circumstances» means circumstances beyond the control of the air carrier concerned in the normal exercise of its activity and outside the obligations imposed by the relevant safety and security rules to be observed . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ;


### the compensation referred to in paragraph 1 shall be paid in cash , by electronic bank transfer , bank orders or bank cheques . ### the compensation referred to in paragraph 1 shall be paid in cash , by electronic bank transfer , bank orders or bank cheques , or , with the agreement of the passenger , in the form of vouchers or other services .


### at the time of reservation , air carriers shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this regulation and on the relevant contact addresses , to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints . ### at the time of reservation , air carriers shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this regulation and on the relevant contact addresses , to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints and the time limit laid down in article 16a for claiming an entitlement .


### passengers should not only be correctly informed about their rights in cases of flight disruption , but they should also be adequately informed about the cause of the disruption itself , as soon as the information becomes available . this information should also be provided where the passenger has acquired the ticket through an intermediary established in the union . ### passengers should not only be correctly informed about their rights in cases of flight disruption , but they should also be adequately informed about the cause of the disruption itself , as soon as the information becomes available . this information should also be provided by the air carrier where the passenger has acquired the ticket through an intermediary established in the union .


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### air carriers shall clearly indicate , at the beginning of every booking process and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at the beginning of every booking process and at the airport . additional charges must be communicated clearly and transparently , and it must be possible for them to be paid in conjunction with the actual reservation of the journey , irrespective of the manner in which that reservation is made . this obligation shall also apply to operators offering flights on behalf of air carriers . additional charges are part of the overall fare . this paragraph is without prejudice to the rights set out in article 8 and article 22 of directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights .


### “airport managing body” means a body which , in conjunction with other activities or not as the case may be , has as its objective under national laws , regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned ; ### «airport managing body» means a body which , in conjunction with other activities or not as the case may be , has as its objective under national laws , regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination of the different operators present in the airports or airport network concerned ;


### when the delay is of at least five hours and includes one or several nights , the assistance specified in article 9 and 9 ; and ### when the delay is of at least three hours and includes night - time hours , the assistance specified in points and of article 9 ; and


### where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight , the passenger shall have a right to compensation by the community air carrier operating that preceding flight in accordance with article 6 . for these purposes , the delay shall be calculated by reference to the scheduled time of arrival at the final destination . ### where a passenger misses a connecting flight as a result of a change of schedule or a delay to a preceding connecting flight at the transfer point of 90 minutes or more , the passenger shall have a right to compensation by the union air carrier operating that preceding flight in accordance with article 6 . for these purposes , the overall delay shall be calculated by reference to the scheduled time of arrival at the final destination .


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems , such as the identification of a defect after the aircraft has been released to service and which prevents the safe continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ;


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . ### if a passenger wants to lodge a claim with , or make a complaint to , the air carrier in connection with the rights laid down in this regulation , he shall do so in writing or in electronic form within 6 months from the date on which the flight was scheduled to begin . where one of the cases referred to in articles 4 , 5 and 6 has occurred , the carrier shall , without undue delay , inform passengers of the address for complaints and of the fact that complaints must be submitted in writing within six months . within 7 days of receiving the claim or the complaint , the carrier shall confirm its receipt to the passenger . within two months of receiving the complaint , the carrier shall be required to provide a full answer to the passenger .


### five hours or more after the scheduled time of arrival for all intra - community journeys and for journeys to / from third countries of 3500 kilometres or less ; ### three hours or more after the scheduled time of arrival for all journeys within the union and for journeys to / from third countries of 3&#160 ; 500 kilometres or less ;


### the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight , such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier . ### the operating air carrier shall not apply the limitations set out in articles 9 and 9 : - if the passenger is a person with a disability or a person with reduced mobility or any person accompanying him / her , or a person in need of specific medical assistance , on condition the operating air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight ; - if the passenger is an unaccompanied child or a pregnant woman . such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier .


### in accordance with relevant eu and national law , each member state shall designate a national body or bodies responsible for the out - of - court resolution of disputes between air carriers and passengers with regard to the rights covered by this regulation . ### member states shall ensure that air passengers can submit disputes with air carriers concerning rights and obligations established by this regulation to independent , efficacious and efficient out - of - court resolution mechanisms . to that end , each member state shall designate a national body or bodies responsible for the out - of - court resolution of disputes between air carriers and passengers with regard to the rights and obligations covered by this regulation . for disputes falling within the scope of directive 2013 / 11 / eu , only that directive shall apply . air carriers shall adhere to the adr system provided for by directive 2013 / 11 / eu .


### security risks , acts of sabotage or terrorism rendering impossible the safe operation of the flight ; ### war , political unrest , outrages , acts of sabotage or terrorism rendering impossible the safe operation of the flight ;


### « ticket price” means the full price paid for a ticket and including the air fare , and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket ; ### ‘ ticket price’ means the full price paid for a ticket , including the air fare and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket . the ticket price always includes costs for the check - in , the provision of the tickets and the issuing of the boarding card , the carrying of a minimum luggage allowance and essential items , as well as all costs related to payment , such as credit card costs ;


### airports and airport users such as air carriers and ground handling companies should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting . to this end , they should prepare contingency plans for such occurrences and work together in the development of such plans . ### the airport managing body and airport users such as air carriers , ground handling companies and navigation service providers should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and re - routing . to this end they should prepare contingency plans for such occurrences and work together with national , regional or local authorities in the development of such plans . existing contingency plans should if necessary be adapted accordingly .