Air passenger rights in Romania

In the context of the continuous increase in air traffic and airlines’ efforts to maximize profits, passengers often face unpleasant situations such as flight cancellations, significant delays, or denied boarding.

To protect passengers’ rights, Regulation (EC) No. 261/2004, which implemented the 1999 Montreal Convention regarding liability and compensation for air passengers, establishes common rules in the European Union regarding compensation and assistance owed by airlines in such cases.

Additionally, under the Montreal Convention, passengers are entitled to compensation for baggage loss or damage during a flight, as well as injury or death of passengers.

At Blaj Law, you can find a lawyer for EC 261/2004 who assists and represents both air passengers and companies to whom claims have been assigned, helping them obtain the compensation they are rightfully entitled to.

Rights under Regulation EC 261/2004

In cases of incidents affecting a flight, passengers are entitled to several rights under European legislation, including immediate assistance, ticket refunds, or financial compensation.

According to Article 5 of Regulation EC 261/2004, when a flight is canceled, the airline must inform passengers of available alternatives to continue their journey. Passengers can choose between a full refund of the ticket price or rerouting to their final destination under similar conditions. If the passenger is on a layover, the airline must provide a return flight to the initial departure point as soon as possible. If passengers opt for rerouting, it can be arranged as soon as possible under comparable conditions or at a later date at their choice, depending on seat availability.

Additionally, passengers are entitled to free assistance, including meals and refreshments appropriate to the waiting time, two free phone calls, or messages via telex, fax, or email. If rerouting involves an overnight delay, the airline must provide free accommodation, regardless of whether one or more nights are required. Transport between the airport and the accommodation must also be provided free of charge.

Most importantly, in the event of a flight cancellation, passengers are entitled to financial compensation based on the flight distance:

• 250 EUR for flights up to 1,500 km,

• 400 EUR for intra-Community flights over 1,500 km and international flights between 1,500 and 3,500 km,

• 600 EUR for international flights over 3,500 km.

Compensation may be reduced by 50% if the airline offers an alternative flight that reaches the final destination with a reduced delay: no more than two hours for flights up to 1,500 km, three hours for those between 1,500 and 3,500 km, and four hours for longer flights.

Furthermore, if passengers are informed of the cancellation at least two weeks in advance, or between 14 and 7 days before departure with an alternative flight departing no more than two hours earlier and arriving no more than four hours late, no compensation is due. If cancellation is announced less than seven days before departure, compensation does not apply only if the alternative flight departs no more than one hour earlier and arrives with a delay of no more than two hours.

Under Article 6 of Regulation 261/2004, if an airline reasonably expects a flight delay beyond the scheduled departure time, passengers are also entitled to certain benefits. These vary depending on the delay duration and flight distance. Specifically, for flights up to 1,500 km, if the delay is at least two hours, the airline must provide assistance. For intra-EU flights over 1,500 km and international flights between 1,500 and 3,500 km, this obligation applies after at least three hours of delay. For all other flights, assistance must be provided after four hours of delay.

Regulation 261/2004 states that, in such cases, passengers have the right to receive free meals and refreshments proportional to the waiting time. Airlines must also provide two free phone calls or allow messages via telex, fax, or email without extra costs. If departure is rescheduled for the following day, passengers must receive free hotel accommodation for one or more additional nights if needed, along with free transport between the airport and accommodation.

If a delay exceeds five hours, passengers may request a full ticket refund, which must be returned within seven days. This refund includes both unused travel segments and those already completed if the flight no longer serves the passenger’s original travel plan. Additionally, if the passenger is on a layover, the airline must provide a return flight to the initial departure point as soon as possible.

For long delays exceeding three hours upon arrival, the European Court of Justice has ruled that airlines owe passengers the same compensation as for canceled flights, based on flight distance.

Finally, denied boarding occurs when airlines refuse to transport passengers on a specific flight despite their presence at the gate, without justified reasons. Under Regulation 261/2004, justified reasons include passenger health, security concerns, or inadequate travel documents.

If airlines anticipate potential denied boarding, they must first seek volunteers willing to give up their reservations in exchange for compensation before denying boarding to other passengers against their will.

Passengers denied boarding have the right to the same compensation as in flight cancellations, as well as assistance from the airline.

Legal Representation in Romanian Courts

Compensation claims under Regulation 261/2004 can be pursued in court, with jurisdiction belonging to the court where the departure or arrival airport is located. Therefore, Romanian courts are competent to handle such cases even for international flights, regardless of the airline’s nationality, as long as one airport is within Romania.

Our team of lawyers in Cluj assists and represents both passengers and companies claiming compensation for cancellations, delays, or denied boarding before courts across the country.

Services Provided by Blaj Law

Blaj Law provides legal assistance both to passengers seeking compensation under Regulation (EC) No. 261/2004 and the 1999 Montreal Convention, and to companies acquiring passengers’ claims for enforcement.