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Consumer's Telegramm European Edition

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Consumer's Telegram December 2009

Insert of n. 76 - Editorial office: Centro Europeo Consumatori (European Consumer Centre, Bolzano - Italy)



REVOLUTIONARY DECISION OF EUROPEAN COURT OF JUSTICE

Also Delays are Subject to Passengers' Right to Compensation

The Regulation (EC) 261/2004 clearly defines the consumer/passengers' rights for flight delays, cancellations or denied boarding. The lawmaker says that passengers have the right to reimbursement of the unused ticket, of expenses during the waiting time, as well as compensation payments of 250, 400 or 600 Euro, depending on the distance, for cancellation or denied boarding (for ex. overbooking), except if the cancellation is due to unforeseeable circumstances or force majeure.
For delays, up to now, the passengers only had the right to reimbursement for expenses during the waiting time (the airline had to provide free food and beverages in relation to the waiting period and, if necessary, a room in a hotel as well as the transport from and to the airport, 2 telephone calls or two messages via telex, fax or email) and the airline had to reimburse the ticket price if the consumer renounced to the flight, but only if the delay period was more than 5 hours. Now, a decision of the European Court puts a new light on the interpretation of this decree, because it argues that the situation of passengers affected by a delay is nearly the same as of those whose flight was cancelled. In both cases, passengers suffer from an irreversible loss of time, which can only be compensated by a respective payment. We will see if the airlines conform to this decision.
More information available on http://www.euroconsumatori.org/16842v24453d53662.html


AIR TRANSPORT

Italian Airline Myair is bankrupt

A sentence from the 29-10-2009 opened the process of "extraordinary administration" (amministrazione straordinaria) for the airline Myair. All creditors of the airline, that is also the passengers affected by the cancellation of flights and waiting for the reimbursement of the ticket price, can place their demands within 30 January 2010 (domanda di insinuazione del passivo) at the court office of the bankruptcy section of the district court Vicenza (Contá Santa Corona 26, 39100 Vicenza (Vi) Italy). You are obliged to add documents to prove the demand (for ex. a copy of the flight tickets, a proof for the payment, letters to the airline in which the reimbursement was demanded). The court hearing in order to define the debt status will be held on the 02.03.2010. More information are available on the homepage of Myair (http://www.myair.com).


EURO ZONE

Transnational Payments get easier

Since November 1st 2009, transnational money transfer have become easier, faster and cheaper. International debits within the Euro zone are now possible. Thus, consumers have the possibility to pay periodical bills for water, gas, electricity, telecommunication services or subscription fees for newspapers and magazines also from abroad.
Also the charges for national and international money transfers up to a sum of 50,000 Euro have been changed: the conditions for transfers abroad which used to be more expensive have become much more convenient. Banks within the Euro zone have time until November 2010 to apply the new rules. For bank institutes outside the Euro zone the time period for the change has been extended to the year 2014.



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