Denied Boarding

The Dutch Transport and Water Management Inspectorate (Dutch Civil Aviation Authority) ensures that air carriers departing from Dutch airports or EU air carriers departing from third countries to the Netherlands are in compliance with this EC regulation.  The passenger (holding a valid flight booking) always needs to contact the air carrier (Airline) first to address a complaint. If there is a disagreement based on the air carrier’s answer, then the passenger can complete the form and file a complaint pertaining an alleged infringement to this regulation in case of denied boarding, cancellation and long delays of this regulation or in case of a ticket downgrading.

When denied boarding for example as a result of an overbooked flight) or a flight cancellation, air passengers may be entitled to compensation and/or assistance from the operating airline. Compensation can be claimed, unless a cancellation was informed 14 days before the flight or rerouting (arrival close to original travel times), or in case of extraordinary circumstances other than ruled under the Court of Justice in the case of Wallentin-Hermann (Dec 2008). 

In an event of a long delay air passengers may be entitled to care and assistance by the Airline in reasonable proportion to a delay incident and depending on the flight distance (for example refreshments, meals, hotel accommodation). The air carrier is obliged to inform passengers about their rights in writing. A delay of 24 hours or more is not considered a cancellation.

The ruling

The Court of Justice of the European Communities ruled that passengers experiencing a long delay have rights to compensation as stated in article 7 of the regulation under the precondition that on the account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.

• The air carrier has an obligation to inform you about passenger rights;
• If a delay lasts longer than 2 hours, passengers have rights to refreshments/meals/hotel (in proportion to delay period) and two phone calls;
• If a delay exceeds five hours, a refund of the ticket can be requested if a passenger decides to decline from his flight;
• There is no right for financial compensation when your flight is delayed as opposed to when you are denied boarding on the airplane or the flight has been cancelled;
• A cancelled flight is a confirmed flight that was not performed irrespective of the reason why.   

The air carrier is responsible for their performance with respect to this EC regulation. Always contact your air carrier first for ticket/compensation or assistance. Ensure that you address your complaint at the air carrier in question. It should not be addressed to your travel agency or tour operator.
In case you did not receive an air carrier’s answer within a period of six weeks, then you can file your complaint of an alleged infringement to this regulation at the Dutch Inspectorate for handling. 

I have received an air carrier (Airline) answer to my claim and I disagree.
Did the air carrier provide you with insufficient information, assistance or did they refuse to pay regulated compensation? 
Then you can file a complaint at the Dutch Inspectorate in case you cannot solve your request with the air carrier. The Inspectorate investigates each individual complaint and will conclude about its results in writing. The air carrier receives the Inspectorate’s request to substantiate circumstances or reasons of the alleged infringement of a passenger complaint. Conclusions are informed to parties involved in writing. 

What does the Inspectorate need from the passenger?
An alleged infringement can be evaluated based on the signed form, all related correspondence between parties and pieces of evidence.  

Why file a complaint at the Inspectorate?
The Dutch Inspectorate is the designated body responsible for the enforcement of this EC regulation for flights from Dutch airports and flights from a third country.  The Dutch Inspectorate can ensure that the concerned parties are in compliance with the Regulation. Inspections can be performed ad hoc on Dutch Airports.

Who else can I contact regarding my complaint?
You can also opt to file your complaint at the Airline Passenger Arbitration Board. More information can be found on the Board’s website (fee for passenger).

The Dutch inspectorate cannot handle luggage claims. Claims on lost luggage needs to be done in accordance to the ‘Montreal agreement'