EU Regulation No 261/2004
Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
It is our policy to do all within our power to maintain an on-time operation. However, if your flight has been canceled or significantly delayed or you have been denied boarding on a flight for which you have a confirmed reservation, you are entitled to the rights defined in Regulation (EC) No 261/2004.
The following rules shall apply:
- to passengers whose scheduled flight leaves from an EU Member State or passengers whose scheduled flight is with an EU airline and leaves from a third country to arrive in an EU country, provided that the passengers have not received any compensation or financial support in this third country;
- on condition that you have a confirmed reservation on the flight concerned and present yourself for check-in at the time indicated or, if no time is indicated, not later than 45 minutes before the published departure time;
- only on the condition that you are traveling at a fare available to the public and your flight is under the SmartLynx Airlines 6Y/ART flight number.
When your flight is expected to be significantly delayed, you have the right to receive care from the airline. This includes meals and refreshments in reasonable relation to the waiting time, possibly hotel accommodation including transport costs, and the opportunity to make two brief telephone calls or to send two faxes or e-mails. The airline is not required to provide this care if you are responsible for a further delay of your departing flight.
Depending on the length and circumstance of your flight delay, you might be able to claim under the EU flight delay compensation legislation EC261.
If you’re eligible for flight delay compensation, the amount you’re entitled to will depend on the length of your delay and the flight distance; see below:
- A- For all flights of 1,500 km or less - €250;
- B- For all intra-Community (Europe to Europe) flights of more than 1,500 km or for all other flights between 1,500-3,500 km - €400;
- C- For all flights not falling under categories A or B, with the exception of flights delayed less than four hours - €600.
But, not all flights delayed over three hours are eligible – it depends on the circumstance of the delay. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions, security risks, unexpected flight safety shortcomings, and strikes that affect our operation.
Neither compensation will be eligible if passengers are informed about a flight time change at least two weeks before the departure date.
If you are involuntarily denied boarding on a flight you have booked, you have the right to care from the airline as described above under "Delays". In addition, you shall be offered re-routing to the final destination of your booked flight, except when there are reasonable grounds to deny boarding, such as reasons of health, safety, security, or inadequate travel documentation.
If we reasonably expect to deny boarding on a flight, we will first look for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger in question. If an insufficient number of volunteers come forward, and we deny boarding to you against your will, we will compensate you:
- A- EUR 250 for all flights of 1500 km or less;
- B- EUR 400 for all intra-Community flights or more than 1500 kilometers and for all other flights between 1500 and 3500 kilometers;
- C- EUR 600 for all flights not falling under A or B.
When passengers are offered re-routing to their final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked.
- by two hours, in respect of all flights of 1 500 kilometers or less or
- by three hours, in respect of all intra-Community flights of more than 1 500 kilometers and for all other flights between 1 500 and 3 500 kilometers or
- by four hours, in respect of all flights not falling under a) or b),
the compensation will be reduced by 50%.
In determining the distance, the basis shall be the last destination at which the denial of boarding will delay your arrival after the scheduled time.
If the flight you have a confirmed reservation for is canceled, you have the same rights to re-routing, care, reimbursement, and compensation as described above.
However, you are not entitled to compensation per the EU Regulation if the incident can be attributed to extraordinary circumstances that could not have been avoided by taking all reasonable measures. Such events include, for instance, poor weather conditions, political instability, strikes, security risks, and unexpected deficiencies in flight safety.
Neither will compensation be offered if we advised passengers about a flight cancellation at least two weeks before the departure date and/or cases where a package tour is canceled for reasons other than a flight cancellation.
How to apply for the compensation
If you are submitting a claim on behalf of yourself, please complete the online application form. If you’re submitting a claim for more than one flight, please fill out a separate form for each flight.
You may claim on behalf of other people from your booking, providing they all traveled under the same booking number. A Letter of Authority signed by the passenger you are claiming for is needed for passengers under a different booking reference.
Kindly be advised that we are only able to process applications that contain complete and accurate flight information. We may require further documents to establish your identity and/or your right to claim.
Once your application is submitted, you will almost immediately receive an automated web acknowledgment. We endeavor to process applications within 45 days. However, this time frame may increase depending on the volume of applications and the quality of the information provided by the applicant.