martynh99 - Sorry to take this off topic but as Ros's fee's have been brought into this thread I can offer the following taken from Ros's booklet that is available for download via my sig:-

We are the experts, we are solicitors who are professionally qualified and we have a solicitor Mrs Ros Fernihough who deals with all types of holiday complaints and enquiries.

Ah yes, but how much is this going to cost?

We offer a free assessment of every enquiry and claim - no obligation - and all you have to do is to contact us on 0845 2262332 or 01922 621114 and you will be advised what to send us and we will give you a FREE WRITTEN assessment of your claim without any obligation.

Yes, but that's all very well, but if I have a claim and decide to use your firm, how much will it cost me?

In the vast majority of cases we are able to offer a "no win - no fee" agreement. That means that if we do not recover any compensation for you, you do not pay us a fee. Therefore you are never in a situation where your legal costs exceed your compensation.

If your claim is such that we are unable to offer you a "no win - no fee" agreement we offer a fixed fee and our fees range from as little as £50 plus VAT.

I live a long way away and don't wish to travel to see you - does that matter?

We have clients all over the United Kingdom and many clients in Europe. It is not necessary to see clients as all work can be successfully completed by letter, fax, e-mail and telephone. It is only necessary to see clients on the actual day of the court hearing.

If my case goes to court, which court will it be in?

We will travel to you to your nearest county court that is convenient for you. We do not expect you to travel to the nearest court to us.

How do I know that Ros Fernihough is competent to deal with my claim?

Ros Fernihough has specialised in travel law claims since dealing with her own claim following a disastrous holiday in the Dominican Republic in 1993. She does not deal with any other area of law. She is well-known by all the major tour operators and airlines, has appeared on all major television consumer programmes, gives regular advice to consumers on radio programmes, has written articles for many newspapers and journals and has an extremely good record of successfully negotiating claims.

I do know however, that if a T/O has offered compensation for eg £400 and the client is not happy with this offer (therefore contacting Ros for assistance) then this amount is not taken into account on the final compensation figure.

Perhaps the confusion starts as to which company you're dealing with, e.g. First Choice Holidays or First Choice Airlines as these are two different entities.

Similar to Virgin Holidays and Virgin Atlantic.

From VH's T&Cs:

CLICK HERE

For copyright reasons I can't copy the relevant section, but if you read point 9 it states similar to what First Choice is stating.

BUT

if you read Virgin Atlantic's T&C's:

CLICK HERE

For copyright reasons I can't copy the relevant section, but if you read the whole section it explains that further compensation in addition to Virgin Holiday's T&C's is offered according to European Legislation.

So perhaps the original poster should seek redress from the airline rather than the touroperator. They might have similar names, they might even be in the same group of companies, but in effect they are most probably two seperate companies and should be treated as such.

Mark

Wow - didn't expect such a simple post to cause so many emotive responses.

Thanks for all the responses. To answer a few questions that have been asked throughout the posts

Why did I use FC again ? - Having holidayed with First Choice many times before, overall my experiences had been good with the exception of the xmas holiday. On this occasion, I used FC for the return leg of a 'diy' holiday - they had the flights available at the times I needed to get back, other airlines didn't.

My rights - the point of this post was to gain clarification that I should have been provided with them in writing by the handling agent in Palma - the collective opinion including evidence from the AUC etc seems to indicate I should have done so.

Compensation I was given €9 per person in vouchers so I was given refreshments. The flight was due to depart about 1pm but left just short of 7pm. I would have expected a meal on the plane too but this was not to be. I'm not particularly after any compensation, the flights were relatively cheap considering it was school holiday week, just wanted FC to accept they were in the wrong (again) and apologise - instead they go on the defensive and get my back up prompting me to formalise the complaint now to the AUC.

And on a final note - can a mod please close this thread to avoid any more of the sniping that's taken it over. Once I have an update I'll forward it to a mod for posting.

Thanks,
Martynh99[/i]

Hiya Mark.
You took the words right out of my mouth, that is exactly what I was thinking after I had shut down the computer last night.
MyTravel and Mytravel airlines is a good example too, although when seeking information from MT airlines, it sends you back to the main holiday page of Mytravel and as far as I can see, you have to go on the main site in the first place to get to the airline section anyway.

They are part of a group operating under one banner, one is the meat and the other is the veg, neither communicatiing with the customer, but the fact remains that they are trading under one arm, when the push comes to the shove.
Surely if you book a package holiday, then the TO is responsible for all aspects of the holiday, including the flight, afterall, they have sold you the flight under the umbrella of First Choice PLC and should therefore be informed enough to advise you of your rights and redirect the customer to the appropriate department to deal with the complaint.??
It might NOT be their responsiblity in that particular department, but they should atleast be able to give you an address or a telephone number for FC airlines.
Whereas if you book two separate services independantly, then you would address any complains with either the agent who booked the hotel or in this case the airline.?
But don't let us be silly here...you getting informed of your rights may mean they have to pay out money...ignorance is bliss.!

Going back to First Choice quote:
The parent group of the airline, First Choice Holidays PLC and you cannot get to the airline without going to the main holiday page, the same as Mytravel.

Me, I wouldn't bother messing about with a tin pot company, I'd go straight to ATOL and ask them my rights as in accordance with the European Rules and Regulations, quoting FC ATOL number 0230.

Sanjiiiiiiiiiii

*Admin edit - post deleted by the blonde administrator*

samsung753,

Enough of the sarcasm please or otherwise your posting rights will be taken away.

MarkJ HT Mod

In relation to Ros and the service she offers to our members, this alone is worth a fortune, as anyone who had ever had to use solicitors will affirm -

We offer a free assessment of every enquiry and claim - no obligation - and all you have to do is to contact us on 0845 2262332 or 01922 621114 and you will be advised what to send us and we will give you a FREE WRITTEN assessment of your claim without any obligation.

Getting back to the original complaint Mark has a point about First Choice Holidays and First Choice Airlines as to whether they are two different entities.

All the more reason to contact Ros, or go straight to the AUC and let them sort out culpability?

Peter

Hi Martynh99,

You've certainly raised an interesting discussion point which might not yet be finished.

And on a final note - can a mod please close this thread to avoid any more of the sniping that's taken it over.

I hope not, there are other ways of dealing with those who try to disrupt threads for their own purposes and are insulting or offensive.

Peter

can a mod please close this thread to avoid any more of the sniping that's taken it over

Hiya Martvn
Your post has brought forward a very interesting debate that MAY help other people faced with the same situation and that includes ME.
The only sniping I can see in this topic is from ONE person who prefers to not act his age, but his shoe size.

We have drifted from European Regulations to the services of solicitors, both are equally important in the fight the general public face when challenging big consortiums who think they have the right to run rough shod over the paying customer.
I have taken a few of them to the cleaners in my time and before anyone thinks differently, I'm not a whinger and will be a reasonable person until someone tries to take me for a ride.

I employed the services of a solicitor who like Ros deals only in Travel and that was on a no win, no fee basis.
I won the case which was against a travel company and whilst I won, the solicitor made it quite clear that a percentage of the award would be taken for his fees.
Considering he won me far more than I would have expected or had been offered from the company, then I was quite delighted with the outcome and him getting a percentage for his hard work...He didn't rip me off, it still left me way in pocket.

I never for one moment thought that he was going to fight on my behalf for NOTHING ...common sense should tell you that nobody works for NOTHING....but.....and here's the but.
If he thought that I didn't have a good case to put before the courts, then he would never have taken the case on in the first place and if having taken the case on, I had lost, then it wouldn't have cost me one penny for his services.
Nobody works for nothing, get real.! remember YOU are EMPLOYING him/her on your behalf and you should pay for his/her services and that will come out of any financial award made by the court.

Sanjiiiiiiiiiiiiiii

"First Choice" means First Choice Holidays & Flights Limited, of First Choice House, London Road, Crawley, West Sussex RH10 9GX

Sanjiiiiiiiiii

Another case involving the same company, failure to supply a document they are required by law to send to a consumer, this time booking conditions.

See HERE

Peter

Out of interest what was the name of the person that sent you the letter? I've had a similar sounding one.

Heva
sorry - we can't name people on this forum

Please do not discuss the names of individuals on the forums as we do not wish to be accused of libel.

luci

Just thought i'd update you all.
FC called me today (day 29 since my last correspondence). The only way I can describe the girls attitude was nasty.
She moaned that she'd looked into the 3 times now and they are correct. They don't have to give out the leaflets because all airports have a 40foot sign detailing your rights. The A4 page on back of checkin desks is sufficient (the one that says ask for the text detailing your rights !)

I explained 261/2004 section 5.5 and she told me that 'you think you know what you're on about but you don't. I'm fully aware of 261/2004 and we don't have to give the text out'

Name noted, supervisor contacted and formal complaint going to the highest person I can find in FC.

Perhaps a copy to the press as well?

They really hate it when to publish on a wider scale.

fwh

Play 'em along by all means.

Let them 'em dig an ever deepening pit for themselves.

Then zap 'em with a complaint to one of the UK Enforcement Agencies, the Air Transport Users Council and the Civil Aviation Authority see HERE and HERE

Peter

I explained 261/2004 section 5.5 and she told me that 'you think you know what you're on about but you don't. I'm fully aware of 261/2004 and we don't have to give the text out'

I just lurrrrrrrve wannabees
Am I missing some thing here.? am I not the sharpest knife in the drawer? " a written document" and I take that to mean your rights written on paper because in the rules it states "the written notice it not at hand when requested"
You can hardly hand out a 40 foot sign.....hope that's a typo error from Martyn, 4 foot would be pushing it

She moaned that she'd looked into the 3 times now and they are correct. They don't have to give out the leaflets because all airports have a 40foot sign detailing your rights. The A4 page on back of checkin desks is sufficient (the one that says ask for the text detailing your rights !)

All airports? she wants to get her @r$e down to Robin Hood Airport, FC could be Dick Turpin
There were no signs in any shape or form to tell me to "ask for my rights" or advising me of my rights and the 40 foot so called sign is tucked away in a corner, nicely framed, well away from the check-in desks and unless you deliberately went and looked for it ( as I did) then you wouldn't even be aware that it was there, it's not exactly positioned in a prominent place.
So her ALL airports is a load of tripe.

Hi is this what you are referring to as i cannot see where it says that they have to give anything out.
Could someone point it out to me.
Or is this not the right regulations i am looking at.

Regulation (EC) No 261/2004 of the European Parliament and of the Council

of 11 February 2004

establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Economic and Social Committee(2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 1 December 2003,

Whereas:

(1) Action by the Community in the field of air transport should aim, among other things, at ensuring a high level of protection for passengers. Moreover, full account should be taken of the requirements of consumer protection in general.

(2) Denied boarding and cancellation or long delay of flights cause serious trouble and inconvenience to passengers.

(3) While Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied boarding compensation system in scheduled air transport(4) created basic protection for passengers, the number of passengers denied boarding against their will remains too high, as does that affected by cancellations without prior warning and that affected by long delays.

(4) The Community should therefore raise the standards of protection set by that Regulation both to strengthen the rights of passengers and to ensure that air carriers operate under harmonised conditions in a liberalised market.

(5) Since the distinction between scheduled and non-scheduled air services is weakening, such protection should apply to passengers not only on scheduled but also on non-scheduled flights, including those forming part of package tours.

(6) The protection accorded to passengers departing from an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight.

(7) In order to ensure the effective application of this Regulation, the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis.

(8) This Regulation should not restrict the rights of the operating air carrier to seek compensation from any person, including third parties, in accordance with the law applicable.

(9) The number of passengers denied boarding against their will should be reduced by requiring air carriers to call for volunteers to surrender their reservations, in exchange for benefits, instead of denying passengers boarding, and by fully compensating those finally denied boarding.

(10) Passengers denied boarding against their will should be able either to cancel their flights, with reimbursement of their tickets, or to continue them under satisfactory conditions, and should be adequately cared for while awaiting a later flight.

(11) Volunteers should also be able to cancel their flights, with reimbursement of their tickets, or continue them under satisfactory conditions, since they face difficulties of travel similar to those experienced by passengers denied boarding against their will.

(12) The trouble and inconvenience to passengers caused by cancellation of flights should also be reduced. This should be achieved by inducing carriers to inform passengers of cancellations before the scheduled time of departure and in addition to offer them reasonable re-routing, so that the passengers can make other arrangements. Air carriers should compensate passengers if they fail to do this, except when the cancellation occurs in extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

(13) Passengers whose flights are cancelled should be able either to obtain reimbursement of their tickets or to obtain re-routing under satisfactory conditions, and should be adequately cared for while awaiting a later flight.

(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

(15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.

(16) In cases where a package tour is cancelled for reasons other than the flight being cancelled, this Regulation should not apply.

(17) Passengers whose flights are delayed for a specified time should be adequately cared for and should be able to cancel their flights with reimbursement of their tickets or to continue them under satisfactory conditions.

(18) Care for passengers awaiting an alternative or a delayed flight may be limited or declined if the provision of the care would itself cause further delay.

(19) Operating air carriers should meet the special needs of persons with reduced mobility and any persons accompanying them.

(20) Passengers should be fully informed of their rights in the event of denied boarding and of cancellation or long delay of flights, so that they can effectively exercise their rights.

(21) Member States should lay down rules on sanctions applicable to infringements of the provisions of this Regulation and ensure that these sanctions are applied. The sanctions should be effective, proportionate and dissuasive.

(22) Member States should ensure and supervise general compliance by their air carriers with this Regulation and designate an appropriate body to carry out such enforcement tasks. The supervision should not affect the rights of passengers and air carriers to seek legal redress from courts under procedures of national law.

(23) The Commission should analyse the application of this Regulation and should assess in particular the opportunity of extending its scope to all passengers having a contract with a tour operator or with a Community carrier, when departing from a third country airport to an airport in a Member State.

(24) Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation.

(25) Regulation (EEC) No 295/91 should accordingly be repealed,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject

1. This Regulation establishes, under the conditions specified herein, minimum rights for passengers when:

(a) they are denied boarding against their will;

(b) their flight is cancelled;

(c) their flight is delayed.

2. Application of this Regulation to Gibraltar airport is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

3. Application of this Regulation to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation.

Article 2

Definitions

For the purposes of this Regulation:

(a) "air carrier" means an air transport undertaking with a valid operating licence;

(b) "operating air carrier" means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger;

(c) "Community carrier" means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers(5);

(d) "tour operator" means, with the exception of an air carrier, an organiser within the meaning of Article 2, point 2, of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours(6);

(e) "package" means those services defined in Article 2, point 1, of Directive 90/314/EEC;

(f) "ticket" means a valid document giving entitlement to transport, or something equivalent in paperless form, including electronic form, issued or authorised by the air carrier or its authorised agent;

(g) "reservation" means the fact that the passenger has a ticket, or other proof, which indicates that the reservation has been accepted and registered by the air carrier or tour operator;

(h) "final destination" means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight; alternative connecting flights available shall not be taken into account if the original planned arrival time is respected;

(i) "person with reduced mobility" means any person whose mobility is reduced when using transport because of any physical disability (sensory or locomotory, permanent or temporary), intellectual impairment, age or any other cause of disability, and whose situation needs special attention and adaptation to the person's needs of the services made available to all passengers;

(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;

(k) "volunteer" means a person who has presented himself for boarding under the conditions laid down in Article 3(2) and responds positively to the air carrier's call for passengers prepared to surrender their reservation in exchange for benefits.

(l) "cancellation" means the non-operation of a flight which was previously planned and on which at least one place was reserved.

Article 3

Scope

1. This Regulation shall apply:

(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.

2. Paragraph 1 shall apply on the condition that passengers:

(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in,

- as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent,

or, if no time is indicated,

- not later than 45 minutes before the published departure time; or

(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.

3. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.

4. This Regulation shall only apply to passengers transported by motorised fixed wing aircraft.

5. This Regulation shall apply to any operating air carrier providing transport to passengers covered by paragraphs 1 and 2. Where an operating air carrier which has no contract with the passenger performs obligations under this Regulation, it shall be regarded as doing so on behalf of the person having a contract with that passenger.

6. This Regulation shall not affect the rights of passengers under Directive 90/314/EEC. This Regulation shall not apply in cases where a package tour is cancelled for reasons other than cancellation of the flight.

Article 4

Denied boarding

1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph.

2. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will.

3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9.

Article 5

Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or

(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

3. 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 which could not have been avoided even if all reasonable measures had been taken.

4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

Article 6

Delay

1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:

(a) for two hours or more in the case of flights of 1500 kilometres or less; or

(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or

(c) for four hours or more in the case of all flights not falling under (a) or (b),

passengers shall be offered by the operating air carrier:

(i) the assistance specified in Article 9(1)(a) and 9(2); and

(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).

2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket.

Article 7

Right to compensation

1. Where reference is made to this Article, passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometres or less;

(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;

(c) EUR 600 for all flights not falling under (a) or (b).

In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

(a) by two hours, in respect of all flights of 1500 kilometres or less; or

(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or

(c) by four hours, in respect of all flights not falling under (a) or (b),

the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.

Article 8

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:

(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

- a return flight to the first point of departure, at the earliest opportunity;

(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or

(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.

3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.

Article 9

Right to care

1. Where reference is made to this Article, passengers shall be offered free of charge:

(a) meals and refreshments in a reasonable relation to the waiting time;

(b) hotel accommodation in cases

- where a stay of one or more nights becomes necessary, or

- where a stay additional to that intended by the passenger becomes necessary;

(c) transport between the airport and place of accommodation (hotel or other).

2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

Article 10

Upgrading and downgrading

1. If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.

2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3), reimburse

(a) 30 % of the price of the ticket for all flights of 1500 kilometres or less, or

(b) 50 % of the price of the ticket for all intra-Community flights of more than 1500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1500 and 3500 kilometres, or

(c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.

Article 11

Persons with reduced mobility or special needs

1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children.

2. In cases of denied boarding, cancellation and delays of any length, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to care in accordance with Article 9 as soon as possible.

Article 12

Further compensation

1. This Regulation shall apply without prejudice to a passenger's rights to further compensation. The compensation granted under this Regulation may be deducted from such compensation.

2. Without prejudice to relevant principles and rules of national law, including case-law, paragraph 1 shall not apply to passengers who have voluntarily surrendered a reservation under Article 4(1).

Article 13

Right of redress

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 may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the operating air carrier's right to seek reimbursement from a tour operator or another person with whom the operating air carrier has a contract. Similarly, no provision of this Regulation may be interpreted as restricting the right of a tour operator or a third party, other than a passenger, with whom an operating air carrier has a contract, to seek reimbursement or compensation from the operating air carrier in accordance with applicable relevant laws.

Article 14

Obligation to inform passengers of their rights

1. The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance".

2. 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. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form.

3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means.

Article 15

Exclusion of waiver

1. Obligations vis-à-vis passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage.

2. If, nevertheless, such a derogation or restrictive clause is applied in respect of a passenger, or if the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in this Regulation, the passenger shall still be entitled to take the necessary proceedings before the competent courts or bodies in order to obtain additional compensation.

Article 16

Infringements

1. Each Member State shall designate a body responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. Where appropriate, this body shall take the measures necessary to ensure that the rights of passengers are respected. The Member States shall inform the Commission of the body that has been designated in accordance with this paragraph.

2. Without prejudice to Article 12, each passenger may complain to any body designated under paragraph 1, or to any other competent body designated by a Member State, 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.

3. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive.

Article 17

Report

The Commission shall report to the European Parliament and the Council by 1 January 2007 on the operation and the results of this Regulation, in particular regarding:

- the incidence of denied boarding and of cancellation of flights,

- the possible extension of the scope of this Regulation to passengers having a contract with a Community carrier or holding a flight reservation which forms part of a "package tour" to which Directive 90/314/EEC applies and who depart from a third-country airport to an airport in a Member State, on flights not operated by Community air carriers,

- the possible revision of the amounts of compensation referred to in Article 7(1).

The report shall be accompanied where necessary by legislative proposals.

Article 18

Repeal

Regulation (EEC) No 295/91 shall be repealed.

Article 19

Entry into force

This Regulation shall enter into force on 17 February 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 11 February 2004.

For the European Parliament

The President

P. Cox

For the Council

The President

M. McDowell

(1) OJ C 103 E, 30.4.2002, p. 225 and OJ C 71 E, 25.3.2003, p. 188.

(2) OJ C 241, 7.10.2002, p. 29.

(3) Opinion of the European Parliament of 24 October 2002 (OJ C 300 E, 11.12.2003, p. 443), Council Common Position of 18 March 2003 (OJ C 125 E, 27.5.2003, p. 63) and Position of the European Parliament of 3 July 2003. Legislative Resolution of the European Parliament of 18 December 2003 and Council Decision of 26 January 2004.

(4) OJ L 36, 8.2.1991, p. 5.

(5) OJ L 240, 24.8.1992, p. 1.

(6) OJ L 158, 23.6.1990, p. 59.

Commission Statement

The Commission recalls its intention to promote voluntary agreements or to make proposals to extend Community measures of passenger protection to other modes of transport than air, notably rail and maritime navigation.