Passenger Charter of Rights
ENAC, Ente Nazionale per l’Aviazione Civile (Italian Civil Aviation Authority), makes the Passenger Charter of Rights available to all passengers (you may download it from here).
The charter also explains the different forms of protection for passengers provided by the different legislations and relevant to the booking of flights, compensation in the event of baggage loss or mishandling, delays, flight cancellations or overbooking, with specific indications for each type of contract, including the “all inclusive” packages.
In the event of disruptions, as detailed in Regulation (EU) 261/2004, for denied boarding (overbooking), cancellation or prolonged delay of flights, passengers must file their claim for compensation directly to the airline. As regards the responsibility related to baggage, The Montreal Convention orders the right to compensation in case of loss, damage, or delay in delivery. The disruption must be reported immediately to the Lost & Found office upon arrival, by filling the special P.I.R. forms in, then the form must be sent to the airline by registered mail. If a passenger does not receive their luggage, it is presumed lost in transit and after 21 days they are entitled to compensation.
If the baggage is damaged, the complaint must be filed within 7 days of the report being opened. However, any damage compensation action must be carried out within two years.
National, EU and International Law in force
- Regulation (EU) No. 261/2004 of the European Parliament and Council dated 11 February 2004, which establishes common regulations on assistance and compensation to passengers in the event of denied boarding, flight cancellation or long delay.
- Regulation (EU) No. 889/2002 on the responsibilities of the civil aviation carrier.
- Regulation (EU) No. 323 of the Council dated 8 February 1999, which modifies Regulation (EU) No. 2299/’89 of the Code of Conduct for computerized reservation systems.
- Legislative Decree 27 January 2006 No.69 – sanctioning provisions for the violation of Regulation (EU) No. 261/2004 – which sets forth common rules on compensation and assistance to passengers in case of denied boarding, flight cancellation or long delay.
- Directive 90/314/EU of the European Council of 13 June 1990 on travel, holidays and “all inclusive” travel packages.
- Legislative Decree 6 September 2005 No.206, Consumer Code on travel, holidays and “all inclusive” travel packages.
- Regulation (EU) No. 1107/2006 of the European Parliament and Council of 5 July 2006 related to the rights of the disabled and PRMs when travelling by air.