AIR PASSENGER RIGHTS

1. if you are flying from one EU country to another , and the flight is operated by an  EU or non-EU airline ,
2. if  you fly to the EU  from a non-EU country, and the flight is operated by an  EU airline ,
3. if  you fly from the EU  to a non-EU country, and the flight is operated by an  EU or non-EU airline ,
4. if the  passenger has not yet used the assistance  (compensation, rerouting, other airline assistance) provided to airplane passengers experiencing problems on that trip in accordance with the relevant legislation of a non-EU country.

In this case, the EU is the  28  EU member states , as well as Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Maarten (French Antilles), Azores, Madeira, Canary Islands, Iceland, Norway, Switzerland.

The regulation determines what rights passengers have in the following situations:

• if the airline refuses to carry a passenger who has a confirmed reservation and has arrived on time for check-in,
• when the flight is cancelled,
• when the flight is delayed for a long time (more than 2 hours),
• when the passenger flies to the final destination three or more hours later than planned,
• when the passenger is transferred to a lower or higher class.

The regulation also applies if the flight is part of a tourist package, except when the organized tourist trip is canceled for reasons other than flight cancellation.

In case of refusal to transport :

• the right to a refund of the amount paid for the flight ticket and a flight to the original place of departure (if applicable) or to a re-routing to the final destination under similar travel conditions;
• the right to take care of: meals, soft drinks – according to the waiting time, hotel accommodation if you have to wait overnight for the next flight, and transportation between the airport and the place of accommodation, and the right to make two free calls or send messages by fax or e-mail;
• the right to compensation according to Article 7 of the Regulation.
• The passenger must be given written information about his rights under the Regulation.

In case of flight cancellation:

• the right to a refund of the amount paid for the flight ticket and a flight to the original place of departure (if applicable) or to a re-routing to the final destination under similar travel conditions;
• the right to take care of: meals, soft drinks – according to the waiting time, hotel accommodation if you have to wait overnight for the next flight, and transportation between the airport and the place of accommodation, and the right to make two free calls or send messages by fax or e-mail;
• the right to compensation according to Article 7 of the Regulation, if the passenger is notified of the flight cancellation less than 14 days before the flight. The carrier is not obliged to pay compensation to the passenger if the flight is canceled due to special circumstances that could have been avoided even by taking all reasonable measures.
• The passenger must be given written information about his rights under the Regulation.

In case of a long flight delay:

• the right to care: meals, refreshments and the right to make two free calls or send messages by fax or e-mail if the flight is delayed:

a) for two hours or more – in the case of a flight distance of 1,500 kilometers or less,

b) for three hours or more – in the case of all intra-Community flights with a distance of more than 1500 kilometers and in the case of other flights between 1500 and 3500 kilometers,

c) for four hours or more – in the case of all other flights;

• hotel accommodation if you have to wait overnight for the next flight, and transport between the airport and the place of accommodation;
• the right to refuse the flight and recover the amount paid for the ticket, if the flight according to the plan provided by the passenger no longer makes sense – in the event that the flight is delayed for five hours or more.
• The passenger must be given written information about his rights under the Regulation.

In the case of arriving at the final destination three or more hours later than planned:

• the right to compensation according to Article 7 of the Regulation. The carrier is not obliged to pay compensation to the passenger if the flight is delayed due to special circumstances that could have been avoided even by taking all reasonable measures.

In the case of a passenger being transferred to a higher or lower class:

• If the carrier transfers the passenger to a higher class than the one specified in the flight ticket, he must not request an additional fee from the passenger;
• If the carrier transfers the passenger to a lower class than the one specified in the flight ticket, within 7 days it must return to the passenger:

a) 30% of the ticket price – in case of a flight distance of 1500 kilometers or less,

b) 50% of the ticket price – in the case of all intra-Community flights over 1,500 kilometers and other flights between 1,500 and 3,500 kilometers,

c) 75% of the ticket price for all other flights.

If you believe that the airline or its representatives have treated you inappropriately and your rights provided for in the Regulation have not been ensured, you should actively defend your rights:

1. First of all, contact the responsible employee of the airline or an authorized representative on the spot, indicating which rights you think the airline has not ensured and demand to provide the services that belong to you;
2. If this cannot be resolved locally, you should submit a written claim to the airline (some airlines have standard claim forms). It should state the circumstances of the event, indicate which of your rights were violated and submit your specific requirements;
3. You should get a response from the airline. The latter must respond to the passenger’s claim as soon as possible, but no longer than within two months. If the carrier’s answer is insufficiently reasoned – demand to substantiate it.

 If you are not satisfied with the airline’s answer or if you do not receive it for more than 2 months, you have the right to contact the institution responsible for supervising the implementation of the Regulation. In the case of flights from airports located in the territory of the Republic of Lithuania and in the case of flights to such airports from airports of countries outside the European Community, you should submit a complaint to the Lithuanian Transport Safety Administration. If you are complaining about an event that happened in another European Community country, you should contact the relevant authority in that country.