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Regulation (EC) No. 261/2004 of the European Parliament and of the Council, of 11 February 2004, which establishes the minimum common rules applicable in cases of denied boarding (refusal to board passengers on a flight, even when they have a confirmed booking on the flight concerned and, except in the case of cancellation, have presented themselves for check-in at the time indicated and in line with the established conditions or have been transferred by an airline or tour operator, except where there are reasonable grounds to deny them boarding, such as reasons of health, or security, or the presentation of inappropriate travel documentation).

This is applicable when the flight departs from:

• A European Community airport.
• An airport situated in a non-European community country - where the regulations do not give compensations and assistance - with the destination of a European Community airport and the carrier in charge of the flight is of the European Community.

Provided that the passenger:

• has a confirmed booking on the flight, having a ticket (printed or electronic) or other proof that they have been accepted and registered by the airline, and they arrive at check-in under the required conditions and at the time stated previously and in writing, including electronic means (if no time is indicated, at least 45 minutes before the departure time).
• or they have been transferred from the flight for which they had a booking to another flight.

When an airline anticipates that it will have to deny boarding on a flight, it will first call for volunteers to surrender their bookings in exchange for certain benefits, with the conditions to be agreed with the airline. These volunteers will also have the right to reimbursement or alternative transport.

A volunteer is a person who, having presented themselves for boarding under the established conditions, accepts the airline's request for passengers willing to surrender their booking in exchange for certain benefits.

Only if the number of volunteers is insufficient may the airline deny boarding to passengers against their will and it must offer them immediate compensation and provide them with assistance and offer them refund of the ticket or alternative transport, in accordance with the following sections.

Right to compensation

Passengers only have the right to compensation in the event of flight cancellation or they are denied boarding.

The compensations by the carrier responsible for the flight are as follows:

• 250 euros for flights up to 1,500 kilometres.
• 400 euros for all flights within the European Community of more than 1,500 kilometres, and for all other flights between 1,500 and 3,500 kilometres.
• 600 euros for all flights not included in the previous sections.

The compensation will be paid in cash, electronic bank transfer, bank transfer, bank cheque or, with the signed agreement of the passenger, in travel vouchers or other services.

Reduction of compensation

The airline responsible for the flight may reduce the previously mentioned compensations by 50 percent when the alternative transport offered allows arrival at the final destination with a time difference with respect to the scheduled arrival time of the originally booked flight of:

• No more than 2 hours for all flights up to 1,500 kilometres.
• No more than 3 hours for all flights within the European Community of over 1,500 kilometres, and for all other flights between 1,500 and 3,500 kilometres.
• No more than 4 hours for all flights not included in the previous sections.

Right to reimbursement or alternative transport

Passengers have the right to reimbursement of the amount of the ticket or alternative transport in the event of flight delay over 5 hours (only if they decide not to fly), flight cancellation or they are denied boarding.

When you are entitled to reimbursement or alternative transport, you will be offered the following options:

• Reimbursement within 7 days of the full purchase price of the ticket, for the part of the journey not made and for the part already made, if the flight no longer serves any purpose in relation to the passenger's original travel plan, and when relevant, a return flight as quickly as possible to the first point of departure.

  Passengers whose flight forms part of a travel package will be offered, if applicable, a return flight to their first point of departure as quickly as possible, but not the reimbursement referred to in the previous paragraph.

  The reimbursement will be paid in cash, electronic bank transfer, bank transfer, bank cheque or, with the signed agreement of the passenger, in travel vouchers or other services.

• Transport to their final destination as quickly as possible in comparable transport conditions.
• Transport to their final destination at a later date at the passenger's convenience, subject to availability of seats.

Cities with several airports

If a city or region has several airports, the airline that offers an alternative flight to a destination is a different airport from that booked by the passenger will bear the cost of transferring the passenger between the substitute airport and the airport for which the booking was made, or to another nearby destination agreed with the passenger.

Right to assistance

Passengers have right to assistance in the event of flight delays over 2 hours, cancellation or they are denied boarding.

The airline will offer the passengers free of charge sufficient meals and refreshments in relation to the time they must spend waiting, and two telephone calls, telex or fax messages, or e-mails.

In addition, passengers will be offered hotel accommodation free of charge when a stay of one or more nights is necessary, or when a stay additional to that foreseen by the passenger is necessary, and it will offer transport between the airport and place of accommodation.

Assistance for persons with reduced mobility or special needs

Airlines will give priority to carrying persons with reduced mobility and any persons or registered guide dogs accompanying them, as well as unaccompanied children.

In the event of being denied boarding, cancellation and delays of any duration, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, will have the right to receive assistance as soon as possible.

Change of travel class

If the airline responsible for a flight seats a passenger in a place of a higher class than that for which the ticket was purchased it may not request any additional payment. If it seats the passenger in a lower class it will reimburse within seven days (by the means previously indicated for reimbursements), 30 percent of the passenger's ticket price for all flights of 1,500 kilometres or less, 50 percent for all flights within the European Community of over 1,500 kilometres, (except flights between European territory and the French overseas territories), and for all other flights between 1,500 and 3,500 kilometres, or 75 percent for all flights other than the above.

Supplementary compensation

In accordance with Regulation (EC) 261/2004, of 11 February 2004, an appeal may be filed with the Courts of Justice in order to obtain supplementary compensation. The compensation awarded under this Regulation may be deducted from the original.

Obligation to inform passengers of their rights

In accordance with Regulation (EC) 261/2004, airlines will ensure that a notice containing the following text is displayed at the check-in desk in a manner clearly visible to passengers:

"If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance."

The airline denying boarding or cancelling a flight will provide each passenger affected with a written document setting out the rules for compensation and assistance.

It will also provide each passenger affected by a delay of at least 2 hours with an equivalent notice.

This information must be provided using suitable alternative means for blind or visually impaired persons.