355 / 469
MISCELLANEOUS
341
planned for the cancelled flight, in addition to above referred services,
accommodation and transport to the place of accommodation should be
offered to the passenger.
The relevant passengers have the right to claim compensation from
the operating air carrier, unless (i) they are informed of the cancellation
at least two weeks before the scheduled time of departure; or (ii) they are
informed of the cancellation between two weeks and seven days before
the scheduled time of departure and are offered re-routing, allowing them
to depart no more than two hours before the scheduled time of departure
and to reach their final destination less than four hours after the scheduled
time of arrival; or (iii) they are informed of the cancellation less than seven
days before the scheduled time of departure and are offered re-routing,
allowing them to depart no more than one hour before the scheduled time
of departure and to reach their final destination less than two hours after
the scheduled time of arrival.
When passengers are informed of the cancellation, an explanation
shall be given concerning possible alternative transport.
An operating air carrier shall not be obliged to pay compensation, if it
can prove that the cancellation is caused by extraordinary circumstances
which could not have been avoided even all the reasonable measures have
been taken. The burden of proof concerning the questions as to whether
and when the passenger has been informed of the cancellation of the
flight shall rest with the operating air carrier. In the case that the contact
information of the passenger is not provided to the air carrier or the air
carrier have been misinformed, even if such information is duly demanded
by the operating air carrier; then such air carrier shall not be liable.
Delay in Flights
When an operating air carrier reasonably expects a flight to be delayed
beyond its scheduled time of departure:
• for two hours or more in the case of domestic flight and flights of
1500 km or less; or
• for three hours or more in the case of flights between 1500 km and
3500 km; or