This Information Notice contains important information about your rights in case denied boarding, flight cancellation or flight delay of at least 2 hours as per Regulation (EC) No 216/2004 (the “Regulation”). The Regulation applies to passengers departing from an EU airport and to passengers departing from of non EU airport to an EU airport unless you have received benefits or compensation and were given assistance in that non EU country. The Regulation also applies on the condition that you have a confirmed reservation on the flight concerned and, except in case of cancellation, presented yourself for check-in on time as specified. The Regulation does not apply to passengers travelling free of charge or at reduced fare not available directly or indirectly to the public. This Notice is communicated to you for information purpose only. Please take also some time to refer to the Regulation.
In the event that a seat is not available for a passenger with a confirmed reservation, we will seek volunteers to surrender their reservation in exchange of benefits mutually agreed. If there are not sufficient volunteers, we may deny boarding to passengers against their will.
If you are denied boarding against you will, unless you are denied boarding for a reason set out in General Conditions of Carriage or related legislations (such as health, safety, security, or inadequate travel documentation), you are entitled to the rights set out in paragraphs 1 to 3 below.
If your flight is cancelled you are entitled to the rights set in paragraph 1 to 3 below. As regards your right to compensation, we may refuse it when:
- you are informed of the cancellation at least 2 weeks before the scheduled time of departure;
- you are informed of the cancellation between 2 weeks and 7 days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than 2 hours before the scheduled time of departure and to reach your final destination less than 4 hours after the scheduled time of arrival;
- you are informed of the cancellation less than 7 days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than 1 hour before the scheduled time of departure and to reach your final destination less than 2 hours after the scheduled time of arrival;
- we can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken by us.
If we reasonably expect your flight to be delayed beyond is scheduled time of departure of 2 hours or more in case of flight of 1500 km or less, or 3 hours or more in case of intra-EU flight of more than 1500 km or non intra EU flight between 1500 km and 3500 km, or 4 hours or more in case of non intra EU flight of more than 3500 km, you are entitled to the rights set in paragraphs 1 to 3.
NATIONAL ENFORCEMENT BODY (NEB)
In Belgium the National Enforcement Body of the Regulation is: SPF Mobilité & Transport – Direction Générale Transport Aérien – Cellule Stratégique – Droits des passagers, City Atrium, Rue du Progrès 56, 1210 Brussels – [email protected]. The list of other European NEB is available on this link.
Air Belgium SA, Customer Relations, 2 rue Emile Francqui, 1435 Mont-Saint Guibert, Belgique. [email protected]
RIGHT TO COMPENSATION
If you are involuntarily denied boarding or your flight is cancelled or delayed by 3 or more hours with respect to the scheduled arrival time (provided no extraordinary circumstances occur),you are entitled to:
- EUR 250 in respect of all flights of 1500 km or less;
- EUR 400 in respect of all intra-EU flight of more than 1500 km, or for non intra EU flights between 1500 and 3500 km;
- EUR 600 in respect of non intra EU flight of more than 3500 km.
If we are able to offer you re-routing on an alternative flight and the arrival time of the re-routed flight does not exceed the scheduled arrival time of the flight booked:
- by 2 hours in respect of all flights of 1500 km or less;
- by 3 hours in respect of all intra-EU flights of more than 1500 km, or off non intra EU flights between 1500 and 3500 km;
- by 4 hours in respect of non intra EU flight of more than 3500 km;
the compensation may be reduced by 50%.
The distances are measured by the great circle route method.
RIGHT TO REIMBURSEMENT OR RE-ROUTING
If you are denied boarding (whether voluntarily or involuntarily) or your flight is cancelled, you are additionally entitle to choose between:
a. reimbursement within 7 days, by means provided by the Regulation, of the full cost of the ticket at the price at which it 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 your 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 your final destination at the earliest opportunity;
c. re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.
If your flight is delayed by at least 5 hours and you elect not to travel, you are entitled to the benefit of point a. above.
RIGHT TO CARE
If you are involuntarily denied boarding, or if your flight is cancelled, or delayed by more than 2 hours, we will offer you free of charge:
a. meals and refreshment in a reasonable relation to the waiting time;
b. two phone calls, telex or fax messages, or e-mails;
c. hotel accommodation in cases where a stay on one night or more becomes necessary, or where a stay additional to that intended by you becomes necessary;
d. transport between the airport and place of accommodation (hotel or other).
If your flight is delayed or cancelled without notice being given to you prior to your arrival at the airport of departure, we will offer you items a) and b) above. If, as a result of the delay or you are being re-routed following a cancellation, your new time of departure is reasonably expected to be at least the day after the original day of departure, we will also offer you items c) and d).