Avion en retard : quels droits pour les passagers aériens ?
Le Règlement (CE) n° 261/2004 du Parlement européen et du Conseil du 11 février 2004 établissant des règles communes en matière d’indemnisation et d’assistance des passagers en cas de refus d’embarquement et d’annulation ou de retard important d’un vol, et abrogeant le règlement (CEE) n° 295/9 permet de répondre à cette question dès lors que les conditions de son application sont remplies (Cliquer ici pour des précisions sur ce point).
Les retards sont envisagés dans l’article 6. Ceux-ci peuvent être plus ou moins importants, ce dont tient compte le Règlement. Il est également tenu compte de la distance.
Les passagers bénéficient dans ces hypothèses d’une l’assistance prévue à l’article 9, paragraphe 1, point a), et paragraphe 2, et, lorsque l’heure de départ raisonnablement attendue est au moins le jour suivant l’heure de départ initialement annoncée, l’assistance prévue à l’article 9, paragraphe 1, points b) et c), et, lorsque le retard est d’au moins cinq heures, l’assistance prévue à l’article 8, paragraphe 1, point a).
Ces droits sont conférés en cas de retard de deux heures ou plus pour tous les vols de 1500 kilomètres ou moins, ou de trois heures ou plus pour tous les vols intracommunautaires de plus de 1500 km et pour tous les autres vols de 1500 à 3500 km, ou de quatre heures ou plus pour tous les vols qui ne relèvent pas des points a) ou b).
Conformément à la CJUE (arrêt de 2013), en cas de retard de plus de trois heures, il y a également lieu d’appliquer l’article 7 qui confère aux passagers un droit à indemnisation qui est :
de 250 euros pour tous les vols de 1500 kilomètres ou moins
de 400 euros pour tous les vols intracommunautaires de plus de 1500 kilomètres et pour tous les autres vols de 1500 à 3500 kilomètres
de 600 euros pour tous les vols qui ne relèvent pas des points a) ou b).
L’indemnisation doit être payée en espèces, par virement bancaire électronique, par virement bancaire ou par chèque, ou, avec l’accord signé du passager, sous forme de bons de voyage et/ou d’autres services.
Il convient toutefois de noter que l’article 12 § 1 précise qu’une indemnisation complémentaire peut être admise et que l’indemnisation accordée en vertu du présent règlement peut être déduite d’une telle indemnisation. Si le préjudice d’une personne est supérieur aux indemnisations minimales prévues dans l’article 7, elle peut en demander réparation.
Par ailleurs, l’article 8 précise les conditions du droit au remboursement ou au réacheminement.
Lorsque le règlement le prévoit, les passagers peuvent obtenir le remboursement du billet, dans un délai de sept jours, au prix auquel il a été acheté, pour la ou les parties du voyage non effectuées et pour la ou les parties du voyage déjà effectuées et devenues inutiles par rapport à leur plan de voyage initial, ainsi que, le cas échéant, un vol retour vers leur point de départ initial dans les meilleurs délais.
Ils peuvent encore bénéficier d’un réacheminement vers leur destination finale, dans des conditions de transport comparables et dans les meilleurs délais, ou d’un réacheminement vers leur destination finale dans des conditions de transport comparables à une date ultérieure, à leur convenance, sous réserve de la disponibilité de sièges.
Dans le cas d’une ville, d’une agglomération ou d’une région desservie par plusieurs aéroports, si le transporteur aérien effectif propose au passager un vol à destination d’un aéroport autre que celui qui était initialement prévu, le transporteur aérien effectif prend à sa charge les frais de transfert des passagers entre l’aéroport d’arrivée et l’aéroport initialement prévu ou une autre destination proche convenue avec le passager.
Enfin, l’article 9 du Règlement ajoute que les passagers ont droit à des rafraîchissements et des possibilités de se restaurer en suffisance compte tenu du délai d’attente.
Ils peuvent être hébergés à l’hôtel aux cas où un séjour d’attente d’une ou plusieurs nuits est nécessaire, ou lorsqu’un séjour s’ajoutant à celui prévu par le passager est nécessaire. Dans ce cas, le transport depuis l’aéroport jusqu’au lieu d’hébergement (hôtel ou autre) est pris en charge par le transporteur.
En outre, le passager se voit proposer la possibilité d’effectuer gratuitement deux appels téléphoniques ou d’envoyer gratuitement deux télex, deux télécopies ou deux messages électroniques.
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