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Singapore Airlines

EC 261/2004
compensation and assistance
in the event of denied
boarding, cancellation, or long
delay of ights
Will Phua, Senior Manager Legal
Azizul Kamal, Legal Counsel
Scope
passengers departing from an airport located in the territory of a Member State to which the
Treaty applies

BCN, FRA, PAR, MUC, MXP, ZRH, AMS, ROM, CPH, LHR, MAN only
have a conrmed reservation on the ight concerned and present themselves for check-in

Ticketed passengers only

Stipulated check-in time, or not less than 45 minutes before STD


shall not apply to passengers travelling free of charge or at a reduced fare not available
directly or indirectly to the public

Commercial passengers only


shall apply to passengers under a frequent yer programme or other commercial
programme

Includes Pay With Miles tickets and redemption tickets


Scope
Origin Destination EC 261
SIN FRA Inapplicable
FRA JFK Applicable
MAN MUN Applicable
CGK SIN Inapplicable
PAR SIN Applicable
Scope
Denied boarding
Cancellation
Delay
Denied boarding
!
Denition: SIA refuses to carry the passenger on a ight even
though:
!
She has presented herself for boarding with a conrmed
reservation; and
!
There are no other reasonable grounds for denied boarding
including safety and security, or inadequate or missing travel
documents
!
Examples of denied boarding include cases of overbooking,
operational reasons, and errors made by ground staff
!
Denied boarding can be voluntary or involuntary
Denied boarding
Description EC 261 Denied boarding
SQ12 NRT-LAX
Flight is overbooked. Announcement is made
calling for volunteers to give up their reservations.
Passenger X comes forward to volunteer his
reservation.
Inapplicable
Yes.
Voluntary.
SQ323 AMS-SIN
After checking in, passenger has had one too
many drinks at the bar. He has been disturbing
passengers at the boarding gate. Ground staff
refuse to let him board. He is lying on the ground
refusing to get up until he is let in.
Applicable
No.
Overriding
safety
considerations.
Denied boarding
Description EC 261 Denied boarding
SQ351 CPH-SIN
A passenger is in the boarding gate, and presents
his boarding pass and passport. Ground staff
checks his passport and notices that the photo
page looks tampered with. He is not allowed to
board.
Applicable
No.
Inadequate or
missing travel
documents.
SQ333 CDG-SIN
There is an strike conducted by airport staff at the
CDG airport. Some ights are cancelled, and the
passengers moved to other later ights. This
results in some passengers on later ights being
unable to travel on the ights that they are
scheduled.
Applicable
Yes.
Involuntary.
Right to Care
Right to Reimbursement
Right to Compensation
Denied boarding

!
Reasonable number of meals and refreshments; and
!
Reasonable means of communication
!
Hotel accommodation and transport between airport
and hotel, where stay becomes necessary
!
Key: hotel stay is necessary when the ight is the next
day
Right to Care
Denied boarding
Description Rights
SQ333 CDG-SIN
There is a snowstorm at the CDG airport. Some ights are cancelled, and the
passengers moved to other later ights. This results in some passengers on later
ights being unable to travel on the ights that they are scheduled. Passenger X
is offered a seat on the next ight on the next day.
He accepts.
Care (reasonable number of
meals and refreshments, hotel
accommodation, transport
between hotel and airport,
means of communication).
He declines, and wants to take a ight on the
same day on a different airline. We accomodate
his request and he reaches SIN at 1000, which is 3
hours 25 min after original STA.
Care (reasonable number of
meals and refreshments,
means of communication).
Right to Care
Right to Reimbursement
Right to Compensation
Denied boarding

!
Reimbursement within seven days
!
Full price of ticket for
!
Parts of the journey not made; and
!
Parts of the journey already made if the ight is no
longer serving any purpose in relation to the
passengers original travel plan; and
!
Return ight to the rst point of departure, where relevant
Right to Reimbursement
Denied boarding
!
Re-routing
!
Comparable transport conditions
!
At the earliest opportunity or at the passengers
convenience
Right to Reimbursement
Denied boarding
Description Rights
FRA-SIN-HKG

JCL Passenger is involuntarily denied
boarding at FRA.
Reimbursement or re-routing

If reimbursement: Both sectors of the
ight

If rerouting: Travel on another airline/
ight at the earliest opportunity, or at a
later date at his convenience

If we y him on another class of travel,
we will be responsible for the fare
difference
Right to Care
Right to Reimbursement
Right to Compensation
Denied boarding

Two types of distances:

1. 1500 km or less
!
MUN-MAN

2. 3500 km or more
!
All other ights
How much compensation is payable?


1. EUR 250; or
EUR 125 if we manage to reroute
the passenger and he arrives
within two hours after original STA

2. EUR 600; or
EUR 300 if we manage to reroute
the passenger such that he reaches his
nal destination more than three hours
but less than four hours after original
STA
Right to Compensation
Denied boarding
Description EC 216
Denied
boarding
Rights
SQ25 FRA-SIN
Flight is overbooked and
passenger has been chosen to
be denied boarding.
Passenger takes the ight the
next day.
Applicable Involuntary
Care
Re-routing
Compensation of EUR 600
SQ328 MUN-MAN
Ground staff mistakenly
denies boarding to a
passenger, thinking that he
needed a visa to enter MAN.
Passenger takes another ight
on the same day, arriving
within 1 hour of original STA.
Applicable Involuntary
Care
Re-routing
Compensation of EUR 125
Denied boarding
Description EC 216
Denied
boarding
Rights
SQ25 FRA-SIN
Flight is overbooked and
passenger has been chosen to
be denied boarding.
Passenger decides not to
travel.
Applicable Involuntary
Care
Reimbursement
Compensation of EUR 600
MUN-MAN-SIN
Ground staff mistakenly
denies boarding to a
passenger, thinking that he
needed a visa to enter MAN.
Passenger decides not to
travel.
Applicable Involuntary
Care
Reimbursement and return
ight
Compensation of EUR 600
Scope
Denied boarding
Cancellation
Delay
Cancellation
!
Denition:
!
Non-operation of a ight which was previously
planned and on which at least one place was reserved
!
Planning for the original ight is abandoned and
passengers from that ight are transferred to join
passengers on another ight which was also planned,
independent of the original ight on which they had
made their bookings
Cancellation
Description EC 261 Cancellation
SQ25 FRA-SIN
Due to airport closure arising
from airport strikes, the ight
is cancelled and passengers
transferred to the same ight
on the next day.
Applicable Yes
SQ877 TPE-SIN
Due to runway closure after
an accident, the ight is
cancelled and passengers are
transferred to SQ879 on the
next day.
Inapplicable Yes
Cancellation
Description EC 261 Cancellation
SQ25 FRA-SIN
A minor snowstorm, which is
foreseeable and expected for
this time of the year, has
resulted in temporary runway
closure for 2 hours. The ATD
is 2 hours 30 minutes after the
STD.
Applicable
No
This is a ight delay.
Cancellation
Description EC 261 Cancellation
SQ25 FRA-SIN
A minor snowstorm, which is
foreseeable and expected for
this time of the year, has
resulted in temporary runway
closure for 4 hours. The ATD
is 4 hours after the STD.
Applicable
No
This is a ight delay.
The difference between
this delay and the
previous one is that this
delay will give rise to
compensation.
Right to Care
Right to Reimbursement
Right to Compensation
Cancellation

Two types of distances:

1. 1500 km or less
!
MUN-MAN

2. 3500 km or more
!
All other ights
How much compensation is payable?


1. EUR 250
EUR 125 if we manage to reroute
the passenger and he arrives
within two hours after original STA

2. EUR 600; or
EUR 300 if we managed to reroute
the passenger such that he reaches his
nal destination more than three hours
but less than four hours after original
STA
Right to Compensation
Cancellation

!
If passengers are informed at least two weeks in advance
!
If passengers are informed one to two weeks in advance and
are offered re-routing so that they can depart within two hours
before their original STD, and arrive within four hours after
their original STA
!
If passengers are informed less than one week in advance and
are offered rerouting so that they can depart within one hour
before their original STD, and arrive within two hours after
their original STA
Right to Compensation - Exceptions
Cancellation
Description Rights
SQ67 BCN-SIN
Tuesday, 17th Dec 2013
This ight is cancelled due to insufcient
demand. Passengers are informed the day
before.
Compensation of EUR 600
Continued from above
Passengers are informed more than two
weeks before, on 2nd Dec 2013.
No compensation
Cancellation
Description Rights
SQ67 BCN-SIN
Tuesday, 17th Dec 2013
This ight is cancelled due to insufcient demand.
-
Continued from above
Passengers are informed between one to two
weeks before, on 9th Dec 2013. They are rerouted
to the next available ight on another carrier that
departs within two hours of original STD and
arrives within four hours of original STA.
No compensation
Passengers are informed between one to two
weeks before, on 9th Dec 2013. They are rerouted
to the next available ight, SQ67 on Thursday, 18th
Dec 2013.
Compensation of EUR 600
Cancellation
Description Rights
SQ67 BCN-SIN
Tuesday, 17th Dec 2013
This ight is cancelled due to insufcient demand.
-
Continued from above
Passengers are informed less than one week
before, on 12th Dec 2013. They are rerouted to the
next available ight on another carrier that departs
within one hour of original STD and arrives within
two hours of original STA.
No compensation
Passengers are informed less than one week
before, on 12th Dec 2013. They are rerouted to the
next available ight, SQ67 on Thursday, 18th Dec
2013.
Compensation of EUR 600
Scope
Denied boarding
Cancellation
Delay
Delay
!
Denition: ight is operated in accordance with the
original planning and its actual departure time was later
than the STD
!
But there may be a delay on arrival at the nal
destination even if there is no delay at departure
!
Assessment of compensation is based on the delay
(compared to STA) on arrival at the nal destination
Delay
Two types of distances:

1. 1500 km or less
!
MUN-MAN

2. 3500 km or more
!
All other ights
When is it a delay under
EC 261?

1. Actual departure is two
hours or more after STD

2. Actual departure is four
hours or more after STD
Delay
Description EC 261 Delay
SQ328 MUN-MAN
STD: 0610
STA: 0735
Actual time of departure: 0820
Actual time of arrival: 0930
Applicable Yes
SQ68 BCN-GRU
STD: 0900
STA: 1710
Actual time of departure: 1200
Actual time of arrival: 2200
Applicable Yes
Right to Care
Right to Reimbursement
Right to Compensation
Delay

!
In the case of a long delay of three or more hours,
passengers are to have the same rights as those with
their ights cancelled
!
Measured from time of arrival at nal destination
Right to Compensation
Delay
Description EC 216 Delay Rights
SQ25 FRA-SIN
STD: 1150
STA: 0650 +1
Actual time of departure: 1700
Actual time of arrival: 1200
Applicable Yes
Care
Reimbursement (and
return ight if applicable)
Compensation
SQ68 BCN-GRU
STD: 0900
STA: 1710
Actual time of departure: 1200
Actual time of arrival: 2200
Applicable Yes
Care
Compensation
Delay
Description EC 216 Delay Rights
SQ328 MUN-MAN
STD: 0610
STA: 0735
Actual time of departure: 0820
Actual time of arrival: 0930
Applicable Yes Care
SQ345 ZUR-SIN
STD: 1045
STA: 0600 +1
Actual time of departure: 1400
Actual time of arrival: 0845 +1
Applicable Yes None
Delay

Two types of distances:

1. 1500 km or less
!
MUN-MAN

2. 3500 km or more
!
All other ights
How much compensation is payable?


1. EUR 250


2. EUR 600, where the passenger
reaches his destination more than
four hours after STA; or
EUR 300, if the passenger reaches
his nal destination more than three
hours but less than four hours after
STA.
Right to Compensation
Delay
Description EC 216 Delay Rights
SQ25 FRA-SIN
STD: 1150
STA: 0650 +1
Actual time of departure: 1700
Actual time of arrival: 1200
Applicable Yes
Care
Reimbursement (and
return ight if applicable)
Compensation of EUR 600
SQ328 MUN-MAN
STD: 0610
STA: 0735
Actual time of departure: 0930
Actual time of arrival: 1100
Applicable Yes
Care
Compensation of EUR 250
Delay
Description EC 216 Delay Rights
BCN-SIN-RGN

SQ67 BCN-SIN
STD: 0930
STA: 0510 +1
Actual time of departure: 1300
Actual time of arrival: 0830

SQ998 SIN-RGN
STD: 0755
STA: 0920
Pax misconnected, and
rerouted on MI518.
Actual time of arrival: 1600
Applicable Yes
Care
Reimbursement (and
return ight if applicable)
Compensation of EUR 600
Procedure
!
The party receiving the claim will process and handle the claim
!
CA, upon receipt of the claim, must consult the EU departure station
from which the passenger has departed
!
Receiving party must conrm receipt of the complaint within seven
days of receipt
!
A full response must be given to the passenger within two months
!
A passenger may bring him claim to a National Enforcement Body
(NEB), which may require SIA to provide documentation to support
its position
!
Only an NEB or an EU court can enforce EC 261
Procedure
Is EC261 applicable?
!
Is the outbound ight from an EU station?
!
Is the passenger holding a commercial ticket?
!
Does the passenger have a conrmed reservation?
!
Did the passenger present himself for check-in at stipulated
time, or at least no later than 45 minutes before the STD?
Proceed to the next stage if all the answers to the above are YES
Procedure
Has the passenger experienced denied boarding, delay, or cancellation?
!
Did the ight the passenger is scheduled on depart as originally planned?
!
Did the ight depart, but more than two hours after STD for MAN-MUN
ights, or more than three hours after STD for all other ights?
!
Did that same ight arrive, but more than three hours after STA?
!
Did that same ight arrive, but more than four hours after STA?
!
Did that ight depart without the passenger as he was not allowed to
board, against his will?
Make a determination of which situation the passenger has faced and proceed
Procedure - Denied boarding
Are any exceptions applicable?
!
Was the passenger in breach of any of SIAs Conditions of
Carriage and/or Contract?
!
Were there other reasonable grounds to deny boarding,
such as reasons of health, safety or security, or inadequate
or missing documents relating to their identity or travel
documentation?
If no exceptions are applicable, proceed to consider how
much to compensate
Procedure - Denied boarding
How much to compensate?
!
What is the passengers itinerary?
!
Was the passenger re-routed?
!
If he was re-routed, did he arrive less than two hours after original STA for
MAN-MUN ights, or less than four hours after original STA for all other
ights?
No rerouting - EUR 250 or 600 + reimbursement or return ight if applicable
Re-reouted and arrives within stipulated time limits as above - EUR 125 or 300
Re-routed and does not arrive within stipulated time limits as above - EUR
250 or 600
Procedure - Cancellation
Are any exceptions applicable?
!
Were there any extraordinary circumstances that led to the cancellation?
!
Acts of terrorism
!
Closure of airport for security reasons without any pre-notication
!
Inclement weather conditions, endangering the safety of the ight
!
Discovery of hidden manufacturing defects
!
Unexpected ight safety shortcomings
!
Air trafc management decisions
!
Airport strikes
!
Political unrest and instability
The list above is non-exhaustive and serves as a general guide for other analogous situations that are
extraordinary - please consult the full list for more information
Procedure - Cancellation
Are any exceptions applicable?
!
Were there any extraordinary circumstances that led to the cancellation?
!
Was the passenger informed:
!
Two weeks prior to the ight date?
!
Between one to two weeks prior to the ight date?
!
Was the passenger re-routed on a ight departing within two hours before the
original STD, and arriving within four hours after the original STA?
!
Less than one week prior to the ight date?
!
Was the passenger re-routed on a ight departing within one hour before the
original STD, and arriving within two hours after the original STA?
If no exceptions are applicable, proceed to consider how much to compensate
Procedure - Cancellation
How much to compensate?
!
What is the passengers itinerary?
!
Was the passenger re-routed?
!
If he was re-routed, did he arrive less than two hours after original STA for
MAN-MUN ights, or less than four hours after original STA for all other
ights?
No rerouting - EUR 250 or 600 + reimbursement and return ight if applicable
Re-reouted and arrives within stipulated time limits as above - EUR 125 or 300
Re-routed and does not arrive within stipulated time limits as above - EUR
250 or 600
Procedure - Delay
Are any exceptions applicable?
!
Were there any extraordinary circumstances that led to the cancellation?
!
Was the passenger informed:
!
Two weeks prior to the ight date?
!
Between one to two weeks prior to the ight date?
!
Was the passenger re-routed on a ight departing within two hours before the
original STD, and arriving within four hours after the original STA?
!
Less than one week prior to the ight date?
!
Was the passenger re-routed on a ight departing within one hour before the
original STD, and arriving within two hours after the original STA?
If no exceptions are applicable, proceed to consider how much to compensate
Procedure - Delay
How much to compensate?
!
What is the passengers itinerary?
!
How long was the delay?
!
If the delay was more than ve hours, was the passenger re-routed?
!
If he was re-routed, did he arrive more than or less than four hours after
original STA?
If 3 to 4 hours - EUR 250 (short ights) or 300
If more than 4 hours - EUR 250 (short ights) or 600
If more than 5 hours - EUR 250 + reimbursement and return ight if applicable
(short ight) or 600 + reimbursement and return ight if applicable
Key Concepts
!
EC 261 is only applicable if the itinerary is ex-EU station
!
Three situations: Denied boarding, Cancellation, and Delay
!
Three types of rights: Care, Reimbursement, and Compensation
!
Exception of Extraordinary Circumstances exist for each
situation
!
Special exceptions to compensation for Cancellation exist,
depending on how much notice was given to the passenger and
if he was successfully rerouted
Thank you