Passengers’ rights

Information to Passengers concerning the EU Regulation 261/2004/EC and applicable rules of the Law on Obligations and Proprietary Rights in Aviation (Official Gazette 132/1998 and 63/08).

Dear Passenger,

If your flight has been cancelled or significantly delayed or if 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, which entered into force on 17/02/2005. The air carrier on whose flight the disruption occurs is responsible for granting your rights.

Scope

  • This Regulation shall apply:
  • (a)to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;
  • (b)to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
  • only if you have a confirmed reservation on the flight concerned
  • only if you (except in case of cancellation) present yourself in time for check-in, at least two hours prior departure ( depending of the airport). The passenger must arrive at the check-in desk in good time, presenting all necessary travel documents, so that he or she is checked in at least 10 minutes before the respective closing time and is in possession of a boarding pass. A later appearance may result in the refusal of carriage.
  • only if you travel on a ticket bought at fare available to the public
  • where Flyair41 is the air carrier of the flight.

Delay

A delay occurs when a flight is delayed beyond its scheduled departure time

  • by 4 hours for flights of more than 3.500 km
  • by 3 hours for flights between 1.500 km and 3.500 km as well as intra-Community -flights of more than 1.500 km
  • by 2 hours for flights of up to 1.500 km.

When your flights are expected to have a long delay, passengers are entitled to receive care while waiting.
This includes:

  • meals and refreshments in a reasonable relation to the waiting time
  • if necessary hotel accommodation
  • and the possibility of making two short telephone calls, fax or e-mail messages.

In case of more than 5 hours you are entitled to a refund of your ticket for the parts not used.

Denied boarding

If in case of overbooking you are denied boarding, voluntarily or involuntarily, on a flight for which you hold a reservation you are entitled to care and refund as laid out in the previous section on delay.

  • In addition you are entitled to re-routing, under comparable conditions, to your final destination at the earliest opportunity.
  • Subject to availability of seats, you may instead choose re-routing to your final destination at a later date of your convenience, in which case you will have to bear yourself the cost of food, accommodation and transfer.
  • If you have denied boarding against your will you are in addition entitled to compensation.

Compensation can  be provided by cheque or bank transfer or, with your consent, in the form of a gift card.
The amount of Denied Boarding Compensation (DBC) depends on the distance of the schedule flight or the alternative flight proposed to you.

Compensations amount to:

a) € 250 – for flights up to 1.500 km
b) € 400 – for flights between 1.500 km and 3.500 and intra-Community flights of more than 1.500 km,
c) € 600 – for flights not falling under a) or b).

If you are offered an alternative flight, the scheduled arrival time of which does not exceed
a) 2 hours in respect of flights up to 1.500 km
b) 3 hours in respect of flights between 1.500 km and 3.500 km as well as intra- Community flights of more than 1.500 km
c) 4 hours in respect of all other flights

Cancellation

If your flight, for which you hold a valid reservation, has been cancelled, you are also entitled to re-routing, care, refund and compensation as laid out here above. If the flight cancellation is due to extraordinary circumstances, which could not have been avoided, even if all reasonable measures had been taken, you are not entitled to financial compensation, but you retain all other above mentioned rights.
Equally, there is no right to compensation when the passenger has been informed of the cancellation:

  • at least 14 days before the schedule time of departure
  • between 14 and 7 days before the schedule time of departure and the alternative flight departs no more than 2 hours before the originally schedule time of departure and reaches final destination less than 4 hours after the scheduled time of arrival
  • less than 7 days before schedule time of departure and the alternative flight departs no more than 1 hour before the originally schedule time of departure and reaches final destination in less than 2 hours after the scheduled time of arrival.

How to claim compensation

To make a claim for compensation please contact FlyAir41. The person making the claim must be one of the passengers and must send boarding pass or e-ticket number or itinerary.
Claims may be submitted by email to passenger-claims@flyair41.com.

Or by post to: FLYAIR41, Ivana Banjavcica 22A,10000 Zagreb, Croatia.

Claimants must supply their name and contact details, e-mail, names of other passengers being claimed for and their contact details, correct bank details, ticket number, booking reference and details of the cancelled flight, flight number date and details of the claim you are making and supporting documents (e.g. unused ticket coupons).

Arbitration board

  • Mandatory information according Article 16 Regulation (EC) 261/2004 and Article 19 Regulation No. 542 The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (for all complaints regarding the regulations (EC) 261/2004 und (EC) 1107/2006)

If your trip is private trip and if you remain dissatisfied with the final decision made from our customer care team, if you have not received a reply within two months you may contact the National Enforcement Body (NEB) in the country where the incident took place. If the incident took place at the airport outside the EU, complaint can be filed to the NEB in the Member State of flight destination.

The European Commission  provides a platform for Online Dispute Resolution (ODR).

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

 

About Fly Air41

FLY AIR41 is a young airline founded in 2021 in Zagreb, Croatia, as a sister airline to Sundair from Germany.
FLY AIR41 operates holiday flights to the most beautiful destinations in the Mediterranean, the Red Sea and the Canary Islands from bases in Germany, like Bremen, Düsseldorf and Leipzig.
The airline also operates special and charter flights.
The modern fleet currently consists of 2 Airbus A319 and two Airbus A320.