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Tourist Rights TOURIST www.albanialastminute.com www.albania.al RIGHTS National Tourism Agency Bulevardi Gjergj Fishta, Pallati Shallvaret A12, Tirana, Albania +355 42 273 778 [email protected] Visit Albania @Visit_Albania albania.tourism COPYRIGHT NATIONAL TOURISM AGENCY Të drejtat e turistit 3 Të drejtat e turistit How to reach Albania 4 5 Të drejtat e turistit Air Transport (EC) 261/2004. In the event wherethe passenger departs from a third country outside EU to Albania or to EU member Dear visitor, the first step to care about once you have state, but provided service by an operating air carrier not decided to spend your holidays in Albania is the trip. If you licensed in Albania or any EU member state, consequently have chosen to travel by airplane in the following we will deal its rights are recognized neither by the Albanian Regulation with the troubles and the most common issues one may face nor by the EC Regulation. and what are the procedures and conditions of an eventual compensation. Article .1 Guideline Scope Air carrier passenger rights The rights defined in the regulationare implemented to: The granted air passengers’ rights in Albania are principally a) Passengers departing from an airport located in the provided not only by the Albanian Republic Air Code Albanian territory (or CEAS according to the unilateral are also adapted by Regulation no. 1 date 26.02.2013 agreement); on‘compensation, passenger assistance in the event of b) passengers departing from an airport located in a third denied boarding and cancellation or delay of the flight’ of country to anairport located in the Republic of Albania (or the Minister of Transports (whichtransposes Regulation (EC) CEAE) in cases when the operating air carrier is of Albanian 261/2004 by European Council and Parliament. The objective of the Regulationno. 1 date 26.02.2013 for‘compensation, nationality (or CEAE according to the unilateral agreement), passenger assistance in cases of denied boarding and not including cases when compensation and assistance is cancelation or delay during the flight’ of the Minister of previously offered in the third country. Transports is to define the compensation rules and assistance The Albanian Civil Airport Authority, as the national for passengers in the followingsituations: authority that guarantees the provision of passenger rights processes the claimed complaints that benefit basing on the Denied boarding guideline, pointing and orienting passengers the rights and steps to follow when possible for benefitting of their rights Cancellation and claims, providing the necessary measures towards the Delay operating air carriers that do not implementto the defined and agreed rights. Downgrading of the service category The guideline issues the enforcement right to the Civil Article 2 Conditions passengers should meet Aviation Authority as the national responsible body its full implementation for passengers who depart from an a) Passengers must obtain a confirmed reservation, international Albanian airport or from a non EU member except cancelled cases mentioned below ‘Cancellation’ state international airport to Albania, in cases applied to of the flight and introduce at the tickets’ check in, as Albanian operating air carriers. provided and written (electronically) in the defined time schedule, by the operating air carrier, tour operator or an Note: In the event where passenger departs from an EU member state (regardless‘ of the operating air carrier’s authorized agent, or if no time is indicated not later than nationality) or in the event where the passenger departs from 45 minutes before the published departuretime. a country outside EU and travels on an EU licensed airborne b) Re-routingby an air carrier or tour operator from the operator, its rights are first guaranteed by the EU Regulation flight for which they had a reservation to another flight, regardless the reason. 6 7 Të drejtat e turistit Article 3 Regulation application exclusion will the operating air carrier shall immediately compensate and assist them as provided in article 7, according to provisions of article 8 and 9. a) The guideline does not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, the Article 5 Cancellation regulation shall apply to passengers having tickets issued by an air carrier or tour operator under a In the event of cancellation of a flight the concerned frequent flyer program or other commercial program. passengers are: b) This regulation applies only to passengers transported by a motorized fixed wing aircraft. a) offered assistance by the operating air carrier in accordance c) The regulationshall apply to any air carrier operator with article 8; and providing transport service to passengers according b) are offered assistance by the operating air carrier to sections 1 and 2. Where an operating air carrier in accordance with article 9 (1) (a) and 9 (2) as well as in which has no contract with the passenger performs event of re-routing (new itinerary), when the expected obligationsunder this guideline, it shall be regarded time ofdeparture of the new flight is at least the day after as doing so on behalf of the person having a contract the departure as it was planned in the cancelled flight, the with that passenger. assistance is provided by articles 9 (1) (b) and 9 (1) (c); d) The guideline shall not apply in cases when a tour c)eligibleto rights to compensation by the operating air package (scheduled trip) is canceled for reasons that carrier in accordance with article 7, unless; do not affectthe flight cancelation. i) passengers are informed of the cancellation at least two weeks before the scheduled time of departure; or ii) passengers are informed of the cancellation between seven Article 4 Denied boarding days to two weeks prior to the scheduled time of departure and are offered re-routing allowing them to departno more a) When an operating air carrier line reasonably than 2 hours before the scheduled time of and reach their considers denyingboarding to passengers, it shall first call for volunteers to surrender their reservations in exchange for benefitsunder conditions to be defined and agreed between the concerned passenger and the operating air carrier. The volunteers are assisted as described in article 8 and such assistance being additional to the benefits mentioned in this paragraph. b) If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may deny the boarding to passengers against their will. c) If boarding is denied to passengers against their 8 9 Të drejtat e turistit final destinationin less after the scheduled time of arrival; or specified assistance in article 9 (1) (b) and 9 (1) (c);and iii) are informed of the cancellation in less than seven days iii) when delay is at least five hours, the assistance specified prior to the scheduled time of departure and are offered re- in article 8 (1) (a). routing, allowing themto depart no more than 1 hours prior to the scheduled time of departure and to reach their final In any case the assistance will be provided within the above destination less than two hours from the scheduled time of defined time limits in regards to each distance. arrival. When passengers are informed of the flight cancellation an Article 7 Right to Compensation explanation shall be given concerning possible alternative transport. I. All references applied in this article, passengers will benefit a compensation value up to: An operating air carrier shall not beobliged to pay a) 250 euros for all flights of a distance 1500 km or less; compensationin accordance with article 7, if it can prove that b) 400 euros for all flights within the ECAS of more than 1500 the cancellation was caused by extraordinary circumstances km and for all flights between 1500 and 3500 km; which could not have been avoided even if reasonable c) 600 euros for all flights not falling under (a) or (b). precautions had been taken. In determining the basis shall be considered the last destination at which the denial of boarding or cancellation The burden of proof concerning questions asto whether the will delay the passenger’s arrival after the scheduled time. passenger has been informed of the flight cancellation shall rest with the operating air carrier responsibilities. II. The airline operator may deduct the provided compensation in article 1 by 50 % when passengers are Article 6 Delay offered re-routing(new itinerary) to their final destination by an alternative flight according to article 8, when the scheduled When an operating air carrier reasonably expects a flight to time of arrival does not exceed the previousreservation. be delayed beyond its scheduled time of departure: a) by 2 hours including all flights of 1500 km or less; or a) for two or more hours in flight distances of 1500 km or b)by three hours including all flights within CEAS, more less; or than 1500 km and all other flights between distance b) for three hours or more in the case of flights within ECAS 1500 and 3500 km of more than 1500 km and of all other flights between 1500 c) by four hours in reference to all flights not falling and 3500 km; or under (a) or (b). c) for four or more in the case of all flights not falling under (a) or (b) III. The compensation referred to in section I shall be paid in cash, electronic bank transfer, bank or check statement or passengers shall be offered by the operating air carrier: with a signed agreement of the passenger, in travel vouchers or other related services. i) assistance specified in articles 9 (1) (a) and 9 (2); and ii) when the reasonably expected time of departure is at least The distances in section I and II shall by the great circle route the day after the time of departurepreviosly announced, the method.
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