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Singapore Airlines

EC 261/2004

Will Phua, Senior Manager Legal! Azizul Kamal, Legal Counsel

compensation and assistance in the event of denied boarding, cancellation, or long delay of flights

Scope

“… passengers departing from an airport located in the territory of a Member State to which the Treaty applies” !

BCN, FRA, PAR, MUC, MXP, ZRH, AMS, ROM, CPH, LHR, MAN only !

“… have a confirmed reservation on the flight concerned and… present themselves for check-in” !

Ticketed passengers only !

Stipulated check-in time, or not less than 45 minutes before STD !

“… shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public…” !

Commercial passengers only !

“…

programme” !

shall

apply

to

passengers…

under

a

frequent

flyer

programme

or

other

commercial

Includes Pay With Miles tickets and redemption tickets

Scope

Origin Destination EC 261 SIN FRA Inapplicable FRA JFK Applicable MAN MUN Applicable CGK SIN
Origin
Destination
EC 261
SIN
FRA
Inapplicable
FRA
JFK
Applicable
MAN
MUN
Applicable
CGK
SIN
Inapplicable
PAR
SIN
Applicable

Scope

Denied boarding

Cancellation

Delay

Denied boarding

Definition: SIA refuses to carry the passenger on a flight even though:!

She has presented herself for boarding with a confirmed reservation; and!

There are no other reasonable grounds for denied boarding including safety and security, or inadequate or missing travel documents!

Examples of denied boarding include cases of overbooking, operational reasons, and errors made by ground staff !

Denied boarding can be voluntary or involuntary

Denied boarding

Description
Description
EC 261
EC 261
Denied boarding
Denied boarding

SQ12 NRT-LAX ! Flight is overbooked. Announcement is made calling for volunteers to give up their reservations. Passenger X comes forward to volunteer his reservation.

SQ323 AMS-SIN ! After checking in, passenger has had one too many drinks at the bar. He has been disturbing passengers at the boarding gate. Ground staff refuse to let him board. He is lying on the ground refusing to get up until he is let in.

Inapplicable

Applicable

Yes. ! Voluntary.

No. ! Overriding safety considerations.

Denied boarding

Description
Description
EC 261
EC 261
Denied boarding
Denied boarding

SQ351 CPH-SIN ! A passenger is in the boarding gate, and presents his boarding pass and passport. Ground staff checks his passport and notices that the photo page looks tampered with. He is not allowed to board.

SQ333 CDG-SIN ! There is an strike conducted by airport staff at the CDG airport. Some flights are cancelled, and the passengers moved to other later flights. This results in some passengers on later flights being unable to travel on the flights that they are scheduled.

Applicable

Applicable

No. ! Inadequate or missing travel documents.

Yes. ! Involuntary.

Right to Care

Right to Reimbursement

Right to Compensation

Denied boarding

Right to Care

!

Reasonable number of meals and refreshments; and!

Reasonable means of communication!

Hotel accommodation and transport between airport and hotel, where stay becomes necessary !

Key: hotel stay is necessary when the flight is the next day

Denied boarding

Description

Rights

SQ333 CDG-SIN ! There is a snowstorm at the CDG airport. Some flights are cancelled, and the passengers moved to other later flights. This results in some passengers on later flights being unable to travel on the flights that they are scheduled. Passenger X is offered a seat on the next flight on the next day.

He accepts.

He declines, and wants to take a flight on the same day on a different airline. We accomodate his request and he reaches SIN at 1000, which is 3 hours 25 min after original STA.

Care (reasonable number of meals and refreshments, hotel accommodation, transport between hotel and airport, means of communication).

Care (reasonable number of meals and refreshments, means of communication).

Right to Care

Right to Reimbursement

Right to Compensation

Denied boarding

Right to Reimbursement

!

Reimbursement within seven days!

Full price of ticket for !

Parts of the journey not made; and!

Parts of the journey already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan; and!

Return flight to the first point of departure, where relevant

Denied boarding

Right to Reimbursement

Re-routing !

Comparable transport conditions!

At the earliest opportunity or at the passenger’s convenience

Denied boarding

Description
Description
Rights
Rights

FRA-SIN-HKG !

!

JCL Passenger is involuntarily denied boarding at FRA.

Reimbursement or re-routing !

!

If reimbursement: Both sectors of the flight !

!

If rerouting: Travel on another airline/ flight at the earliest opportunity, or at a later date at his convenience !

!

If we fly him on another class of travel, we will be responsible for the fare difference

Right to Care

Right to Reimbursement

Right to Compensation

Denied boarding

!

Right to Compensation

Two types of distances: !

How much compensation is payable?!

!

!

!

1. 1500 km or less!

MUN-MAN !

1.

EUR 250; or !

EUR 125 if we manage to reroute

the passenger and he arrives !

within two hours after original STA!

!

!

!

!

2. 3500 km or more !

All other flights

!

2.

! EUR 300 if we manage to reroute the passenger such that he reaches his final destination more than three hours but less than four hours after original STA

EUR 600; or !

Denied boarding

Description
Description
EC 216
EC 216
Denied
Denied
boarding
boarding
Rights
Rights

SQ25 FRA-SIN ! Flight is overbooked and passenger has been chosen to be denied boarding. Passenger takes the flight the next day.

Applicable

Involuntary

Care ! Re-routing ! Compensation of EUR 600

SQ328 MUN-MAN ! Ground staff mistakenly denies boarding to a passenger, thinking that he needed a visa to enter MAN. Passenger takes another flight on the same day, arriving within 1 hour of original STA.

Applicable

Involuntary

Care ! Re-routing ! Compensation of EUR 125

Denied boarding

Description
Description
EC 216
EC 216
Denied
Denied
boarding
boarding
Rights
Rights

SQ25 FRA-SIN ! Flight is overbooked and passenger has been chosen to be denied boarding. Passenger decides not to travel.

MUN-MAN-SIN ! Ground staff mistakenly denies boarding to a passenger, thinking that he needed a visa to enter MAN. Passenger decides not to travel.

Applicable

Applicable

Involuntary

Involuntary

Care ! Reimbursement Compensation of EUR 600

Care ! Reimbursement and return flight ! Compensation of EUR 600

Scope

Denied boarding

Cancellation

Delay

Cancellation

Definition: !

Non-operation of a flight which was previously planned and on which at least one place was reserved !

Planning for the original flight is abandoned and passengers from that flight are transferred to join passengers on another flight which was also planned, independent of the original flight on which they had made their bookings

Cancellation

Description
Description
EC 261
EC 261
Cancellation
Cancellation

SQ25 FRA-SIN ! Due to airport closure arising from airport strikes, the flight is cancelled and passengers transferred to the same flight on the next day.

Applicable

Yes

SQ877 TPE-SIN ! Due to runway closure after an accident, the flight is cancelled and passengers are transferred to SQ879 on the next day.

Inapplicable

Yes

Cancellation

Description
Description
EC 261
EC 261
Cancellation
Cancellation

SQ25 FRA-SIN ! A minor snowstorm, which is foreseeable and expected for this time of the year, has resulted in temporary runway closure for 2 hours. The ATD is 2 hours 30 minutes after the STD.

Applicable

No ! This is a flight delay.

Cancellation

Description
Description
EC 261
EC 261
Cancellation
Cancellation

SQ25 FRA-SIN ! A minor snowstorm, which is foreseeable and expected for this time of the year, has resulted in temporary runway closure for 4 hours. The ATD is 4 hours after the STD.

Applicable

No ! This is a flight delay. ! The difference between this delay and the previous one is that this delay will give rise to compensation.

Right to Care

Right to Reimbursement

Right to Compensation

Cancellation

!

Right to Compensation

Two types of distances: !

How much compensation is payable?!

!

!

!

1. 1500 km or less!

MUN-MAN !

1.

EUR 250 !

EUR 125 if we manage to reroute

the passenger and he arrives !

within two hours after original STA!

!

!

!

!

2. 3500 km or more !

All other flights

!

2.

! EUR 300 if we managed to reroute the passenger such that he reaches his final destination more than three hours but less than four hours after original STA

EUR 600; or !

Cancellation

Right to Compensation - Exceptions

!

If passengers are informed at least two weeks in advance !

If passengers are informed one to two weeks in advance and are offered re-routing so that they can depart within two hours before their original STD, and arrive within four hours after their original STA!

If passengers are informed less than one week in advance and are offered rerouting so that they can depart within one hour before their original STD, and arrive within two hours after their original STA

Cancellation

Description
Description
Rights
Rights

SQ67 BCN-SIN ! Tuesday, 17th Dec 2013 ! This flight is cancelled due to insufficient demand. Passengers are informed the day before.

Compensation of EUR 600

Continued from above

Passengers are informed more than two weeks before, on 2nd Dec 2013.

No compensation

Cancellation

Description
Description
Rights
Rights

SQ67 BCN-SIN ! Tuesday, 17th Dec 2013 ! This flight is cancelled due to insufficient demand.

-

Continued from above

Passengers are informed between one to two weeks before, on 9th Dec 2013. They are rerouted to the next available flight on another carrier that departs within two hours of original STD and arrives within four hours of original STA.

Passengers are informed between one to two weeks before, on 9th Dec 2013. They are rerouted to the next available flight, SQ67 on Thursday, 18th Dec 2013.

No compensation

Compensation of EUR 600

Cancellation

Description
Description
Rights
Rights

SQ67 BCN-SIN ! Tuesday, 17th Dec 2013 ! This flight is cancelled due to insufficient demand.

-

Continued from above

Passengers are informed less than one week before, on 12th Dec 2013. They are rerouted to the next available flight on another carrier that departs within one hour of original STD and arrives within two hours of original STA.

No compensation

Passengers are informed less than one week

before, on 12th Dec 2013. They are rerouted to the next available flight, SQ67 on Thursday, 18th Dec

2013.

Compensation of EUR 600

Scope

Denied boarding

Cancellation

Delay

Delay

Definition: flight is operated in accordance with the original planning and its actual departure time was later than the STD!

But there may be a delay on arrival at the final destination even if there is no delay at departure !

Assessment of compensation is based on the delay (compared to STA) on arrival at the final destination

Two types of distances: !

!

Delay

When is it a delay under EC 261?!

!

1. 1500 km or less!

MUN-MAN !

1. Actual departure is two hours or more after STD!

!

2. 3500 km or more !

All other flights

!

2. Actual departure is four hours or more after STD

Delay

Description EC 261 Delay SQ328 MUN-MAN ! STD: 0610 ! STA: 0735 ! Actual time
Description
EC 261
Delay
SQ328 MUN-MAN !
STD: 0610 !
STA: 0735 !
Actual time of departure: 0820 !
Actual time of arrival: 0930
Applicable
Yes
SQ68 BCN-GRU!
STD: 0900 !
STA: 1710 !
Actual time of departure: 1200 !
Actual time of arrival: 2200
Applicable
Yes

Right to Care

Right to Reimbursement

Right to Compensation

Delay

Right to Compensation

!

In the case of a long delay of three or more hours, passengers are to have the same rights as those with their flights cancelled !

Measured from time of arrival at final destination

Delay

Description
Description
EC 216
EC 216
Delay
Delay
Rights
Rights

SQ25 FRA-SIN ! STD: 1150 ! STA: 0650 +1 ! Actual time of departure: 1700 ! Actual time of arrival: 1200

Applicable

Yes

Care ! Reimbursement (and return flight if applicable) ! Compensation

SQ68 BCN-GRU! STD: 0900 ! STA: 1710 ! Actual time of departure: 1200 ! Actual time of arrival: 2200

Applicable

Yes

Care ! Compensation

Delay

Description EC 216 Delay Rights SQ328 MUN-MAN ! STD: 0610 ! STA: 0735 ! Actual
Description
EC 216
Delay
Rights
SQ328 MUN-MAN !
STD: 0610 !
STA: 0735 !
Actual time of departure: 0820 !
Actual time of arrival: 0930
Applicable
Yes
Care
SQ345 ZUR-SIN !
STD: 1045 !
STA: 0600 +1 !
Actual time of departure: 1400 !
Actual time of arrival: 0845 +1
Applicable
Yes
None

Delay

!

Right to Compensation

Two types of distances: !

How much compensation is payable?!

! ! ! 1. 1500 km or less! 1. EUR 250 ! ! ❖ MUN-MAN
!
!
!
1. 1500 km or less!
1.
EUR 250 !
!
❖ MUN-MAN !
!
!
2.

2. 3500 km or more !

EUR 600, where the passenger reaches his destination more than four hours after STA; or !

All other flights

! EUR 300, if the passenger reaches his final destination more than three hours but less than four hours after STA.

Delay

Description
Description
EC 216
EC 216
Delay
Delay
Rights
Rights

SQ25 FRA-SIN ! STD: 1150 ! STA: 0650 +1 ! Actual time of departure: 1700 ! Actual time of arrival: 1200

Applicable

Yes

Care ! Reimbursement (and return flight if applicable) ! Compensation of EUR 600

SQ328 MUN-MAN ! STD: 0610 ! STA: 0735 ! Actual time of departure: 0930 ! Actual time of arrival: 1100

Applicable

Yes

Care ! Compensation of EUR 250

Delay

Description
Description
EC 216
EC 216
Delay
Delay
Rights
Rights

BCN-SIN-RGN

!

SQ67 BCN-SIN STD: 0930 ! STA: 0510 +1 ! Actual time of departure: 1300 ! Actual time of arrival: 0830 !

!

SQ998 SIN-RGN ! STD: 0755 ! STA: 0920 ! Pax misconnected, and rerouted on MI518. ! Actual time of arrival: 1600 !

!

Applicable

Yes

Care ! Reimbursement (and return flight if applicable) ! Compensation of EUR 600

Procedure

The party receiving the claim will process and handle the claim!

CA, upon receipt of the claim, must consult the EU departure station from which the passenger has departed!

Receiving party must confirm receipt of the complaint within seven days of receipt !

A full response must be given to the passenger within two months!

A passenger may bring him claim to a National Enforcement Body (“NEB”), which may require SIA to provide documentation to support its position !

Only an NEB or an EU court can enforce EC 261

Procedure

Is EC261 applicable?!

Is the outbound flight from an EU station?!

Is the passenger holding a commercial ticket?!

Does the passenger have a confirmed reservation?!

Did the passenger present himself for check-in at stipulated time, or at least no later than 45 minutes before the STD?!

Proceed to the next stage if all the answers to the above are YES

Procedure

Has the passenger experienced denied boarding, delay, or cancellation?!

Did the flight the passenger is scheduled on depart as originally planned?!

Did the flight depart, but more than two hours after STD for MAN-MUN flights, or more than three hours after STD for all other flights?!

Did that same flight arrive, but more than three hours after STA?!

Did that same flight arrive, but more than four hours after STA?!

Did that flight depart without the passenger as he was not allowed to board, against his will?!

Make a determination of which situation the passenger has faced and proceed

Procedure - Denied boarding

Are any exceptions applicable?!

Was the passenger in breach of any of SIA’s Conditions of Carriage and/or Contract?!

Were there other reasonable grounds to deny boarding, such as reasons of health, safety or security, or inadequate or missing documents relating to their identity or travel documentation?!

If no exceptions are applicable, proceed to consider how much to compensate

Procedure - Denied boarding

How much to compensate?!

What is the passenger’s itinerary?!

Was the passenger re-routed?!

If he was re-routed, did he arrive less than two hours after original STA for MAN-MUN flights, or less than four hours after original STA for all other flights?!

No rerouting - EUR 250 or 600 + reimbursement or return flight if applicable !

Re-reouted and arrives within stipulated time limits as above - EUR 125 or 300 !

Re-routed and does not arrive within stipulated time limits as above - EUR 250 or 600

Procedure - Cancellation

Are any exceptions applicable?!

Were there any extraordinary circumstances that led to the cancellation?!

Acts of terrorism!

Closure of airport for security reasons without any pre-notification !

Inclement weather conditions, endangering the safety of the flight !

Discovery of hidden manufacturing defects!

Unexpected flight safety shortcomings!

Air traffic management decisions!

Airport strikes!

Political unrest and instability !

The list above is non-exhaustive and serves as a general guide for other analogous situations that are extraordinary - please consult the full list for more information !

Procedure - Cancellation

Are any exceptions applicable?!

Were there any extraordinary circumstances that led to the cancellation?!

Was the passenger informed: !

Two weeks prior to the flight date?!

Between one to two weeks prior to the flight date?!

Was the passenger re-routed on a flight departing within two hours before the original STD, and arriving within four hours after the original STA?!

Less than one week prior to the flight date?!

Was the passenger re-routed on a flight departing within one hour before the original STD, and arriving within two hours after the original STA?!

If no exceptions are applicable, proceed to consider how much to compensate

Procedure - Cancellation

How much to compensate?!

What is the passenger’s itinerary?!

Was the passenger re-routed?!

If he was re-routed, did he arrive less than two hours after original STA for MAN-MUN flights, or less than four hours after original STA for all other flights?!

No rerouting - EUR 250 or 600 + reimbursement and return flight if applicable !

Re-reouted and arrives within stipulated time limits as above - EUR 125 or 300 !

Re-routed and does not arrive within stipulated time limits as above - EUR 250 or 600

Procedure - Delay

Are any exceptions applicable?!

Were there any extraordinary circumstances that led to the cancellation?!

Was the passenger informed: !

Two weeks prior to the flight date?!

Between one to two weeks prior to the flight date?!

Was the passenger re-routed on a flight departing within two hours before the original STD, and arriving within four hours after the original STA?!

Less than one week prior to the flight date?!

Was the passenger re-routed on a flight departing within one hour before the original STD, and arriving within two hours after the original STA?!

If no exceptions are applicable, proceed to consider how much to compensate

Procedure - Delay

How much to compensate?!

What is the passenger’s itinerary?!

How long was the delay?!

If the delay was more than five hours, was the passenger re-routed?!

If he was re-routed, did he arrive more than or less than four hours after original STA?!

If 3 to 4 hours - EUR 250 (short flights) or 300 !

If more than 4 hours - EUR 250 (short flights) or 600 !

If more than 5 hours - EUR 250 + reimbursement and return flight if applicable (short flight) or 600 + reimbursement and return flight if applicable

Key Concepts

EC 261 is only applicable if the itinerary is ex-EU station !

Three situations: Denied boarding, Cancellation, and Delay !

Three types of rights: Care, Reimbursement, and Compensation !

Exception of Extraordinary Circumstances exist for each situation !

Special exceptions to compensation for Cancellation exist, depending on how much notice was given to the passenger and if he was successfully rerouted

Thank you