The following rules shall apply:
- in respect of flights departing from an airport in the EU, and flights operated by a Community air carrier departing from an airport in a third country to an airport in the EU (unless you received benefits or compensation and were given assistance in that third country);
- on condition that you have a confirmed reservation on the flight concerned and present yourself for check-in as stipulated and at the time indicated in advance and in writing or electronically, or, if no time is indicated, not later than 45 minutes before the published departure time;
- only to passengers travelling at a fare available directly or indirectly to the public, or on tickets issued under a frequent flyer programme or other commercial programme;
- where Air Malta is the operating carrier of the flight.
Rules for Compensation and Assistance
Denied boarding is a refusal by an airline to carry a passenger on a flight, even though the passenger has presented him or herself for boarding under the conditions mentioned above under the heading Applicability, except when there are reasonable grounds to deny boarding, such as reasons of health, safety, security or inadequate travel documentation.
Before Air Malta denies boarding for a flight we will call for volunteers to surrender their reservations, in return for benefits under conditions to be agreed, and also assistance as described in paragraph I below as appropriate.
If an insufficient number of volunteers comes forward, and Air Malta denies boarding to you against your will, we will immediately compensate you:
- EUR 250 for all flights of 1 500 kilometres or less;
- EUR 400 for all intra-Community flights of more than 1 500 kilometres, and for all other flights between 1 500 and 3 500 kilometres;
- EUR 600 for all flights not falling under (a) or (b) of this paragraph.
When you are offered re-routing to your final destination on an alternative flight as described below at paragraph I. (b) or (c), and the arrival time of the re-routed flight does not exceed the scheduled arrival time of the flight originally booked: (a) by two hours, in respect of all flights of 1 500 kilometres or less; or (b) by three hours, in respect of all intra-Community flights of more than 1 500 kilometres and for all other flights between 1 500 and 3 500 kilometres; or (c) by four hours, in respect of all flights not falling under (a) or (b) of this paragraph, Air Malta may reduce the compensation described above 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. The distances shall be measured by the great circle route method.
In addition, Air Malta will offer you the following:
I. A choice between:
- reimbursement within seven days (in cash, by electronic bank transfer, bank orders or bank cheques or, with your signed agreement, travel vouchers and/or other services) of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity; or
- re-routing, under comparable transport conditions, to your final destination, at the earliest opportunity; or
- re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.
II. And we will offer you, free of charge:
- meals and refreshments in a reasonable relation to the waiting time;
- hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by you becomes necessary;
3. transport between the airport and place of accommodation (hotel or other); and
4. two telephone calls, telex or fax messages or e-mails.
Unless you have volunteered to surrender your reservation, the assistance described above will apply without prejudice to any rights you may have under applicable law (including EU Directive 90/314 on package travel) to further compensation, although any such assistance granted may be deducted from any such further compensation.
This Notice is required by Regulation EC 261/2004 of the European Parliament and of the Council of the European Union.