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Flight cancellation compensation

A- Flight Cancellation and Long Delays: Notification of Rights under EC Regulation No 261/2004 (as required by Article 14.2)

OpenSkies makes every effort to operate to their published schedules. There are occasions however, where it is not possible to do so and a flight may be delayed or cancelled. This notification informs you of your rights under EC Regulation No. 261/2004 should this happen; it does not give you any additional contractual rights. This law is applicable to all passengers departing from an airport within the EU and to all passengers traveling into an EU Member State on an EU carrier unless they have received assistance in the country of departure. It is the operating carrier's responsibility to meet these requirements. This notification also explains how to claim compensation or a refund or reimbursement under this law in respect of a flight operated by OpenSkies

B - Right to re-routing or refund of part(s) of the journey not flown

Passengers, whose flight is cancelled, shall have the choice of either:

  • Re-routing, under comparable transport conditions, to the final destination of the ticket presented at check-in at the earliest opportunity or at a later date at the passenger's convenience, subject to availability; or
  • A refund payable to the person who purchased the ticket. This applies to the part or parts of the journey not flown.

If your flight is delayed for five hours or more, the purchaser of your ticket is entitled to a refund for the part or parts of the journey not flown.

C - Right to reimbursement of part(s) of the journey already flown that no longer serve any purpose in relation to the passenger's original travel plane

If a cancellation or delay of five hours or more disrupts a connecting journey for which you hold a through ticket (with a planned connection time of 24 hours or less) and you no longer wish to continue to your destination, the operating carrier will provide a return flight to the original point of departure at the earliest opportunity as well as refunding the parts of the journey not flown. If you choose not to continue with your journey and decide to return to your point of departure, the purchaser of your ticket is entitled to receive a reimbursement for the part(s) of the journey which were flown, providing that you can prove that the journey no longer serves any purpose in relation to your original travel plans. To obtain a reimbursement of a flown sector, the purchaser of the ticket must make the claim at the same time as claiming the refund of the unflown sectors.

D - How to claim a refund/reimbursement

To apply for a refund of unused parts of your journey or reimbursement of the parts of the journey flown, please contact the office where your ticket was purchased. You will need to provide in writing your name and contact details, ticket number, booking reference, flight number, date and details of the claim you are making and supporting documents (e.g. unused flight documents).

E - Right to care

Where a flight has been cancelled, or is subject to a long delay, passengers are entitled to refreshments and meals in a reasonable relation to their waiting time as well as means of contacting two people outside the airport. These provisions apply according to the duration of the expected delay and the distance of the flight as follows:

  • Delay of two hours or more for flights of 1500 km or less
  • Delay of three hours or more for all flights within the EU of more than 1500 km and all other flights between 1500km and 3500 km
  • Delay of four hours or more for all other flights.

In addition, the operating carrier will provide hotel accommodation if necessary and provide transport between the airport and place of accommodation. Passengers will be advised of the arrangements for obtaining refreshments, transport and hotel accommodation, by the carrier.

F - Right to compensation for cancelled flights (not including long delays)

When you are informed of a cancellation less than fourteen days before the planned departure date that arises from causes within the carrier's control (rather than extraordinary circumstances which could not have been avoided by all reasonable measures) you may claim compensation unless you are offered a re-route which allows departure and arrival at your final destination within the following times:

  • If you are informed of the cancellation between thirteen and seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival; or
  • If you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival.

The levels of compensation are specified as follows:

  • EUR 250 for flights of 1500 km or less
  • EUR 400 for flights within the EU of more than 1500 km and for all other flights between 1500km and 3500 km
  • EUR 600 for all other flights.

Compensation is reduced by 50% if any re-routing offered to your final destination results in a scheduled arrival time which does not exceed the scheduled arrival time of the original flight by:

  • Two hours for flights of 1500 km or less
  • Three hours for all flights within the EU of more than 1500 km and for all other flights between 1500km and 3500 km
  • Four hours for all other flights.

Please note that passengers are not entitled to compensation if they have been informed of a cancellation fourteen days or more before the planned departure date. Passengers will be informed of cancellations via the contact details given to the operating carrier with the booking by the passenger, the purchaser of the ticket or the travel agent.

G - How to claim compensation

To make a claim please contact OpenSkies Customer Relations by clicking here.

Or leave a message on: +1 904-485-9284

Or write to:

OpenSkies Customer Relations
Postfach 286118
28361 Bremen
Germany

The person making the claim must be one of the passengers.  Claimants must supply their name and contact details, the names of other passengers being claimed for and their contact details, booking reference and details of the cancelled flight. Claims can cover up to a total of six passengers provided that they have the same surname, are in the same booking and have travelled the same journey.

Please note OpenSkies is unable to process your claim for compensation at the airport.

H - Eligibility

To be eligible for any of the rights listed above passengers must have a confirmed reservation on the flight (or have been transferred by us onto the flight from another flight on which they had a confirmed reservation) and be in possession of a paper ticket or e-ticket itinerary receipt. In addition, passengers' rights in respect to a delay only arise if they have presented themselves for check-in in good time. If you do have any complaints regarding your ability to exercise your rights, please contact our customer relations department.