What
is overbooking?
In
the world of air transport, often
it happens that passengers holding
a confirmed reservation and an issued
ticket do not check in for their
flights without giving proper notice
to the airline in due time.
To avoid losing revenue from unoccupied
seats, and to enable other customers
to use them, all airlines resort
to the commercial practice known
as "overbooking" – which, in other
words, consists in accepting a number
of bookings higher than the number
of the seats available on board,
according to figures based upon
close statistic evaluation of the
matter.
Therefore, it is very rare that
more booked passengers attend to
check-in for a flight, than there
are seats on the plane, not consenting
the airline to allow the "overbooked"
passengers to board the aircraft.
However, customers who have been
"denied boarding" are entitled,
pursuant to current EU regulation
(EC Reg. N. 261/04), to an immediate
compensation (calculated according
to fixed schemes), whose acceptance
by a passenger does not prejudice
his or her possible further rights
in any way.
DENIED BOARDING NOTICE TO
ALITALIA PASSENGERS PURSUANT TO
REGULATION (EC) N. 261/04
1. Applicability
The following rules shall apply:
A. in respect of Alitalia flights
departing from an airport in the
European Union, and flights operated
by Alitalia departing from an airport
in a third country to an airport
in the European Union (unless you
received benefits or compensation
and were given assistance in that
third country)
B. on condition that:
a) you have a confirmed reservation
on the flight concerned and present
yourself for check-in:
- as stipulated and at the time
indicated in advance and in
writing (including by electronic
means) by Alitalia, or by a
tour operator or an authorized
travel agent
or, if no time is indicated,
- not later than 45 minutes
before the published departure
time
b) you have been transferred by
Alitalia or a tour operator from
the flight for which you held a
reservation to another flight, irrespective
of the reason
C. only to passengers traveling:
- not free of charge or at a
reduced fare not available directly
or indirectly to the public
- with tickets issued under
a frequent flyer programme or
other commercial programme by
an air carrier or tour operator
D. when Alitalia is the operating
carrier of the flight concerned
pursuant Regulation EC 261/2004
of the European Parliament and of
the Council of the European Union
2. Rules for Compensation
and Assistance
Denied boarding is a refusal by
an airline to carry a passenger
on a flight, even though the passenger
has presented him or herself for
boarding under the conditions mentioned
above under the heading Applicability,
except when there are reasonable
grounds to deny boarding, such as
reasons of health, safety, security
or inadequate travel documentation.
Before Alitalia denies boarding
for a flight Alitalia will call
for volunteers to surrender their
reservations, in return for benefits
under conditions to be agreed, and
also assistance as described in
paragraph I below as appropriate.
If an insufficient number of volunteers
comes forward, and Alitalia denies
boarding to you against your will, Alitalia
will immediately compensate you:
- EUR 250 for all flights of
1.500 kilometres or less
- EUR 400 for all intra-Community
flights of more than 1500 kilometres,
and for all other flights between
1 500 and 3 500 kilometres
- EUR 600 for all flights not
falling under (a) or (b)
When you are offered re-routing
to your final destination on an
alternative flight as described
below at paragraph I. (b) or (c),
and the arrival time of the re-routed
flight does not exceed the scheduled
arrival time of the flight originally
booked:
(a) by two hours, in respect of
all flights of 1 500 kilometres
or less; or
(b) by three hours, in respect of
all intra-Community flights of more
than 1 500 kilometres and for all
other flights between 1.500 and
3.500 kilometres; or
(c) by four hours, in respect of
all flights not falling under (a)
or (b) of this paragraph, Alitalia
may reduce the compensation described
above by 50%.
In determining the distance, the
basis shall be the last destination
at which the denial of boarding
will delay your arrival after the
scheduled time.
The compensation referred to above
shall be paid to you in cash, by
electronic bank transfer, bank orders
or bank cheques or, with the signed
agreement of yours, in travel vouchers
and/or other services.The distances
shall be measured by the great circle
route method.
In addition, Alitalia will
offer you the following:
I. A choice between:
- reimbursement within seven
days (in cash, by electronic
bank transfer, bank orders or
bank cheques or, with your signed
agreement, travel vouchers and/or
other services) of the full
cost of your 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 your
original travel plan, together
with, when relevant, a return
flight to the first point of
departure, at the earliest opportunity;
or
- re-routing, under comparable
transport conditions, to your
final destination, at the earliest
opportunity; or
- re-routing, under comparable
transport conditions, to your
final destination at a later
date at your convenience, subject
to availability of seats.
II. Alitalia will, moreover,
offer you, free of charge:
- meals and refreshments in
a reasonable relation to the
waiting time
- hotel accommodation in cases:
- where a stay of one or more
nights becomes necessary, or
- where a stay additional to
that intended by you becomes
necessary
- transport between the airport
and place of accommodation (hotel
or other); and
- two telephone calls, telex
or fax messages or e-mails.
For the above purposes, "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.
Unless you have volunteered to surrender
your reservation, the assistance
described above will apply without
prejudice to any rights you may
have under applicable law (including
EU Directive 90/314 on package travel)
to further compensation, although
any such assistance granted may
be deducted from any such further
compensation.
This Notice is required by Regulation
EC 261/2004 of the European Parliament
and of the Council of the European
Union.
[Upon your request, Alitalia
will give you in written form the
contact details of the national
designated body for the enforcement
of the Regulation EC 261/2004 in
any particular case. Such body for
flights departing from an Italian
airport is ENAC (Ente Nazionale
per l’Aviazione Civile), located
in Rome, Viale del Castro Pretorio,
118 – 00185 / ITALY].
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Terms & Conditions of Carriage
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