Passenger rights

Flight Cancellation

Dear Customer,

At Canaryfly we are sorry that your flight has been cancelled and we kindly ask you to accept our sincerest apologies for this. Our main goal is to offer you excellent service and you can be sure that we are doing everything possible to ensure your trip takes place in the best conditions. In order to mitigate as much as possible any inconvenience this may have caused, we inform you of your rights as a passenger in accordance with Regulation (EC) No. 261/2004.

According to Regulation (EC) 261/2004 of the European Parliament and of the Council, of 11 February 2004, when a flight is cancelled, that is, a scheduled flight that you had at least one seat reserved on is not operated, departing from:

• A community airport, or
• An airport located in a non-community country – whose rules do not provide for compensation and assistance – to a community airport and the operating carrier is a community carrier.

Provided that the passenger:

• Has a confirmed reservation on the flight, with a ticket (printed or electronic) or other proof that they have been accepted and registered by the airline, and presents themselves for check-in under the required conditions and at the time previously indicated in writing, including by electronic means (if no time is indicated, at least 45 minutes before the scheduled departure time), or
• Has been transferred from the flight for which they had a reservation to another flight.

The operating air carrier is not obliged to pay compensation to the passenger:

• If it can prove that the cancellation was due to extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken (cases of political instability, weather conditions incompatible with the operation of the flight, security risks beyond the airline's control, strikes affecting the operations of an operating air carrier and which are beyond the airline's control, and the repercussions of an air traffic management decision, in relation to a specific aircraft on a specific date, resulting in a long delay, an overnight delay, or the cancellation of one or more flights of the aircraft, even if the airline concerned has done everything possible to avoid such delays or cancellations).
• The passenger was informed of the cancellation at least two weeks before the scheduled departure time.
• The passenger was informed of the cancellation between two weeks and 7 days before the scheduled departure time and was offered alternative transport allowing them to depart no more than two hours before the scheduled departure time and arrive at their final destination less than 4 hours after the scheduled arrival time.
• The passenger was informed of the cancellation less than 7 days before the scheduled departure time and was offered another flight allowing them to depart no more than 1 hour before the scheduled departure time and arrive at their final destination less than two hours after the scheduled arrival time.

If none of the above circumstances apply, passengers with a confirmed seat reservation for a cancelled flight are entitled to:

Change of travel class

Should the passenger be on on a flight with a seat class that is inferior to that which corresponds to their ticket, the corresponding percentage will be refunded (in accordance with the table) in relation to the flight ticket in question within seven days:

The refund will be paid in cash, bank transfer, electronic bank transfer, cheque or when there is a prior signed agreement by the passenger, travel vouchers or other services.

With this document we expect to comply with your right to information. Should you require, you may contact our customer service department.

Furthermore, we inform you that the Official Body you may wish to contact is:

Air Safety State Agency (AESA) Spanish - User Quality and Protection Division. Paseo de la Castellana 112, 28046 - Madrid - Tel: 91 396 82 10, or via their web page at: www.seguridadaerea.gob.es

Useful links

• https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm
• https://www.seguridadaerea.gob.es/en/ambitos/derechos-de-los-pasajeros/informacion-para-companias-aereas

Flight delay

Dear Customer;

We apologize for the delay of your flight and in order to alleviate as far as possible the inconvenience suffered, we offer the following guarantees as legislated in Regulation (EC) 261/2004. Please accept our sincere apologies and be assured that we are doing our best to ensure that you make your trip under optimum conditions.

The case of a flight departing from:

• an EC airport, or
• an airport located in a non-EU country, the rules of which do not provide for compensation and assistance, to an EC airport and the carrier responsible for the flight is an EC company.

Provided that the passenger:

• Has a confirmed booking on the flight, a ticket (printed or electronic) or other proof that they had been accepted and registered by the aviation company, was present to check-in under the conditions required and at the time indicated previously in writing or by electronic means (if no time is indicated, at least 45 minutes before the time of departure) or,
• Was transferred from the flight for which they had a reservation to another flight.

And if affected by a delay with respect to the expected departure time:

• A departure delay of two hours or more in the case of flights of up to 1500 km.
• A departure delay of four hours or more in the case of flights not included above.

Canaryfly provides free of charge:

• Sufficient food and drink in relation to the necessary waiting time, unless the flight departure is delayed further.
• Two short telephone calls, telex or fax messages, or emails.
  Canaryfly will provide special care in relation to the needs of individuals with reduced mobility and their travel companions, as well as to the needs of unaccompanied minors.

According to Regulation (EC) 261/2004, in Article 6(1) (iii) Article 8(1)(a) "The right to reimbursement for alternative transport", where the delay is at least 5 hours and you decide not to travel on the delayed flight, in addition to the assistance described above, Canaryfly offers a refund, within seven days (in cash, by bank transfer, check, travel vouchers or other services agreed with the passenger) of the full cost of the ticket, at the price at which the ticket was purchased, corresponding to the unmade part or parts of the trip and the part or parts of the trip made, if the flight is no longer in accordance with the original travel plans, together with, if applicable, flight back to the first point of departure as soon as possible.

The right to compensation for delays is not covered by Regulation (EC) 261/2004. However, on 19 November 2009, the Court of Justice of the European Union (ECJ) delivered a judgement in Cases C-402/07 and C-432/07, which may invoke the right to be financially compensated in accordance with Article 7 of Regulation (EC) 261/2004, in certain cases of delay.

This right to compensation will occur when a passenger suffers a loss of time equal to or greater than three hours delay to final destination; that is, when they arrive at the final destination three or more hours after the initially scheduled arrival time. In such cases the right to compensation has been recognized in the following terms:

• 2250 Euros for flights up to 1500 km
• b. 400 Euros for all intra-EC flights over 1500 km and for all other flights between 1500 and 3500 km.
• c. EUR 600 for all flights not covered by the preceding paragraphs.

When the expected departure time is at least one day after the previously announced departure time, and where an overnight stay of one or more nights is required, in addition to the above, Canaryfly will offer the passenger:

• Hotel accommodation when a stopover of one or more nights is required.
• Travel between the airport and the accommodation location (Hotel or other accommodation).

The right to compensation due to delay is not included if it can be proved that the cancellation was due to extraordinary causes that could not have been avoided even if reasonable measures had been taken, particularly in cases of political instability, weather conditions incompatible with the performance of the flight, safety risks of which the company is not responsible, unexpected shortcomings in flight safety, strikes affecting the operations of an air carrier operating a flight and the impact of an air traffic management decision, in relation to a given aircraft and on a given date, result in a long delay, a delay from one day to the next or the cancellation of one or more flights of the aircraft, even if the air carrier concerned has done everything it can to avoid such delays or cancellations.

Should the passenger be on on a flight with a seat class that is inferior to that which corresponds to their ticket, the corresponding percentage will be refunded (in accordance with the table) in relation to the flight ticket in question within seven days:

*Except for flights between a member state and oversees French territories.

The refund will be paid in cash, bank transfer, electronic bank transfer, cheque or when there is a prior signed agreement by the passenger, travel vouchers or other services.

With this document we expect to comply with your right to information. Should you require, you may contact our customer service department.

Furthermore, we inform you that the Official Body you may wish to contact is:

Air Safety State Agency (AESA) Spanish - User Quality and Protection Division. Paseo de la Castellana 112, 28046 - Madrid - Tel: 91 396 82 10, or via their web page at: www.seguridadaerea.gob.es

Useful links

European Union - Passenger Rights

• https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm
• https://www.seguridadaerea.gob.es/en/ambitos/derechos-de-los-pasajeros/informacion-para-companias-aereas

Denied boarding

Dear Customer,

We are sorry that for reasons beyond your control we have had to deny boarding on your reserved flight. In order to reduce as much as possible the inconvenience we may have caused you, Canaryfly offers assistance, and where appropriate, compensation, according to the specific circumstances of each case.

Regulation (EC) 261/2004 of the European Parliament and of the Council of 11 February 2004 lays down minimum standards applicable in the event of denied boarding (refusal to board passengers on a flight, even if they have a confirmed reservation on that flight and, except in the case of cancellation, were present at check-in within the time limit and under the conditions required or have been transferred by an airline or a tour operator, unless there are reasonable grounds to deny boarding, such as health or safety reasons or the submission of inappropriate travel documents). As provided for in articles (14) and (15) of that regulation, where extraordinary causes are established as unavoidable even if reasonable measures had been taken, particularly in cases of political instability, weather conditions incompatible with the performance of the flight, safety risks of which the company is not responsible, unexpected shortcomings in flight safety, strikes affecting the operations of an air carrier operating a flight and the impact of an air traffic management decision, in relation to a given aircraft and on a given date, result in a long delay, a delay from one day to the next or the cancellation of one or more flights of the aircraft, even if the air carrier concerned has done everything it can to avoid such delays or cancellations.

Applies when the flight departs from:

• An EC airport, or
• An airport located in a non-EU country, the rules of which do not provide for compensation and assistance, to an EC airport and the carrier responsible for the flight is an EC company.

Provided that the passenger:

Has a confirmed booking on the flight, a ticket (printed or electronic) or other proof that they had been accepted and registered by the aviation company, was present to check-in under the conditions required and at the time indicated previously in writing or by electronic means (if no time is indicated, at least 45 minutes before the time of departure) or,
TThey were transferred from the flight for which they had a reservation to another flight.
Canaryfly is required to request that volunteers relinquish their reservations in exchange for certain benefits and rights under Regulation (EC) 261/2004.

Conditions for passengers denied boarding.

Passengers who voluntarily give up their seat: In the event that there are more passengers with a confirmed reservation on a flight than available seats, provided that check-in procedures were carried out within the minimum time required, Canaryfly will ask for volunteers to give up their confirmed seat in exchange for agreed compensation and assistance.
Passengers who do not voluntarily give up their seat: If sufficient volunteers are not found and other passengers must be denied boarding against their will, these passengers shall be entitled to compensation and attention.
The passenger may choose between:

Transport to the final destination under comparable conditions as soon as possible or on a later date that suits the passenger, according to available seats.
A refund within a period of 7 days (in cash, via a bank transfer, cheque, travel vouchers or other agreed services) of the full cost of the ticket, at the price at which it was bought, corresponding to the part or parts of the journey not used, or of the entire journey if the flight is unsuitable in accordance with the original travel plans, along with where applicable, a return flight to the first departure point, as soon as is possible.

In addition, passengers will receive:

• Sufficient food and drink in relation to the necessary waiting time, unless the flight departure is delayed further.
• Two short telephone calls, telex or fax messages, or emails.
• Hotel accommodation when it is necessary to stay one or more nights and round-trip transportation between the airport and the place of accommodation (hotel or others)
  Canaryfly will provide special care in relation to the needs of individuals with reduced mobility and their travel companions, as well as to the needs of unaccompanied minors.

We inform you that you are entitled to immediate compensation depending on the distance between the airport of departure and the arrival airport, in accordance with Regulation (EC) 261/2004, consisting of:

• 125 Euros for flights up to 1,500 km, when the alternative transport offered has a departure time not exceeding two hours later than the one initially scheduled on the booked flight, or 250 Euros, if the delay is more than two hours.
• 200 Euros for all intra-EC flights of more than 1,500 km and for all other flights between 1,500 and 3,500 km, where the alternative transport offered arrives at the destination no more than 3 hours later than that initially provided for on the reserved flight or 400 Euros if the delay is more than 3 hours.
• 300 Euros for all flights not included in the above points, where the alternative transport offered has an arrival at destination time not 4 hours later than that initially provided for on the booked flight; or 600 Euros if the delay is longer than four hours.

Change of travel class

Should the passenger be on on a flight with a seat class that is inferior to that which corresponds to their ticket, the corresponding percentage will be refunded (in accordance with the table) in relation to the flight ticket in question within seven days:

**Except for flights between a member state and oversees French territories.

The refund will be paid in cash, bank transfer, electronic bank transfer, cheque or when there is a prior signed agreement by the passenger, travel vouchers or other services.

With this document we expect to comply with your right to information. Should you require, you may contact our customer service department.

Furthermore, we inform you that the Official Body you may wish to contact is:

Air Safety State Agency (AESA) Spanish - User Quality and Protection Division. Paseo de la Castellana 112, 28046 - Madrid - Tel: 91 396 82 10, or via their web page at: www.seguridadaerea.gob.es

Useful links

European Union - Passenger Rights

• https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm
• https://www.seguridadaerea.gob.es/en/ambitos/derechos-de-los-pasajeros/informacion-para-companias-aereas