Rules and procedures for passengers

DBC Procedure

1. AIR PASSENGER RIGHTS

In compliance with the Regulation (EC) 261/2004 of the European Parliament and the Council of the European Union Montenegro Arilines (YM) has defined DBC Procedure (Denied Boarding Compensation Procedure) establishing common rules on compensation and assistance to passengers in case of:

• denied boarding,
• long delay or
• cancellation of flights.

In case of denied boarding, long delay or cancellation of flight passengers are entitled to:

1. Care at the airport
   
   • meals, refreshments and two free telephone calls, and, when necessary, hotel accommodation and the transfer to the place of accommodation.
2. Right to refund and rerouting
   
   • passengers can opt between:
     • reimbursement of the cost of the ticket (in case they decide not to travel) as well as transport to the point of commencement of travel or
     • alternative transport (rerouting) to their final destination.
3. Right to compensation
   
   • for denied boarding or in case when a flight is cancelled (not in the case of flight delay):
     • if he/she has a confirmed reservation for the flight concerned,
     • if he/she presents themselves for check-in at the appropriate time,
     • if he/she holds a ticket with the applicable fare to which discount is NOT applicable, and they were denied boarding against their will,
     • if he/she holds necessary documents for the planned travel.

PROCEDURE APPLIES

The procedure applies on all YM flights departing from the EU airports (Rome, Ljubljana, Frankfurt, Vienna, Paris, London).

PROCEDURE DOES NOT APPLY

• if the passenger's medical or mental condition poses danger and risk to other passengers or to the property (or if the passenger is obviously under the influence of alcohol or narcotics),
• if the passenger shows visible signs of illness and which by their appearance, behaviour or necessity for medical help, can cause inconvenience to other passengers in the aircraft,
• if the passenger in need of a medical help does not have appropriate escort during the flight,
• if he/she did not present themselves for check-in at the appropriate time,
• if he/she does not have confirmed reservation for the flight,
• if he/she was charged a discounted fare, including the infant fare,
• if the flight is not able to operate due to foul weather conditions, safety measures, strikes, or due to transport restrictions (the strike of the airline staff does not fall under this category).

2. DENIED BOARDING

In case when a flight is overbooked, an air carrier is first to call for volunteers among passengers to surrender their reservations in exchange for benefits to be agreed. If there is an insufficient number of volunteers, the airline may deny boarding to passengers against their will but must offer them rebooking to the first available flight and compensation of damage amounting to:

• EUR 250 for all flights up to 1,500 kilometers,
• EUR 400 for all intra-Community flights of more than 1,500 kilometers, and for all other flights between 1,500 and 3,500 kilometers,
• EUR 600 for all other flights.

When the passenger is offered rerouting, the timing of which does not exceed two hours of the scheduled timing of the flight originally booked (for the flights of 1,500 km or less); three hours for the flights from 1,500 km to 3,500 km; four hours for all other flights, YM can reduce the compensation payable by 50%.

Apart from this passenger is:

• refunded the total ticket amount in case that he/she does not want to continue with the travel or,
• offered appropriate rerouting to the destination point.

Each passenger is within this compensation offered two telephone calls, meals, refreshment, and hotel accommodation with the transfer in cases when additional stay of one or more nights becomes necessary.

3. DELAY

When Montenegro Airlines reasonably expects the delay of its flight, other than scheduled departure time:

• of two or more hours in case of flights up to 1,500 km,
• three or more hours in case of all intra-Community flights and all other flights from 1,500 to 3,500 km,
• of four hours or more in case of all flights not falling within the categories mentioned above,

passengers are offered with no further expenses: meals and refreshments in reasonable relation to the time of waiting, two telephone calls, hotel accommodation when necessary, transport from the airport to the place of accommodation.

When the delay is no less than five hours and a passenger decides not to fly, he/she has the right to compensation amounting to the full value of their ticket.

4. CANCELLATION

In case of the flight cancellation the passenger will be offered to opt between:

• reimbursement of the cost of the ticket within seven days,
• rerouting under the comparable conditions of transport towards the final destination at the earliest opportunity,
• rerouting under the comparable conditions of transport towards the final destination at a later date.

Apart from that passengers have the right to free meals, refreshments, two telephone calls and financial compensation calculated in the same manner as in the case of overbooking.

PASSENGERS OF THE CANCELLED FLIGHT DO NOT HAVE THE RIGHT TO COMPENSATION:

• if they were informed about the cancellation two weeks prior to the scheduled flight,
• if they were informed about the cancellation at least one week prior to the flight and offered rerouting on the flight the departure time of which can be up to two hours earlier, and the arrival time does not exceed two hours after the scheduled flight or
• if they were informed within seven days prior to departure and their rerouting time is no less than one hour prior to the scheduled departure time of the flight originally booked and more than two hours after the scheduled departure time of the flight originally booked.

NOTE: An airline can refuse the compensation in case of a cancelled flight if it can prove that the cancellation was caused by extraordinary circumstances (due to weather conditions, safety measures, strikes or in case of transportation restrictions (the strike of the airline staff does not fall under this category)) which, regardless of all efforts could not have been avoided.

5. DOWNGRADING

In case when the passenger agrees to be seated in a cabin class that is lower than the one originally paid to be able to fly on flight on which he/she has a confirmed booking, the carrier must provide a compensation to the passenger no later then seven days after the flight in the amount determined as follows:

• 30% of the fare paid for all flights of 1,500 kilometers or less,
• 50% of the fare the paid for all flights within EU that exceed 1,500 kilometers, and for all flights with distance between 1,500 kilometers and 3,500 kilometers,
• 75% of the fare paid for all flights of more then 3,500 kilometers.

6. UPGRADING

In case when an air carrier involuntarily overseats a passenger in cabin class which is higher than the one originally paid, the carrier shall not be entitled to any additional collection.

7. OBLIGATION TO NOTIFY PASSENGERS

Full details of denied boarding rules applied by the carrier shall be available for inspection at the airline offices at any time. The carrier has an obligation to have a clearly visible notice in the check-in area stating the following:

If you are denied boarding or if your flight is cancelled or delayed at least two hours, ask at check-in counter or boarding gate for the text stating your rights, particulary with regard to compensation and assistance.

Ween Ihnen die Beforderung verweigert wird oder wenn Ihr Flug annulliert wird oder um mindestens zwei Stunden verspatet ist, verlangen Sie am Abfertigungsschalter oder am Flugsteig schriftliche Auskunft uber Ihre Rechte, insbesondere uber Ausgleichs-und Unterstutzugsleistungen.

Si vous êtes refusé à l'embarquement ou si votre vol est annulé ou retardé d'au moins deux heures, demandez au comptoir d'enregistrement ou à la porte d'embarquement le texte énonçant vos droits, notamment en matière 'indemnisation et d'assistance.

In caso di negato imbarco o di volo cancellato o ritardato di almeno due ore, rivolgersi al banco di accettazione o alla porta di imbarco per ottenere il testo che enumera i diritti del passeggero, in particolare in materia di compensazione pecuniaria e di assistenza.

Unacceptable behaviour of passengers on board and at the airport

In accordance with international practice, Montenegro Airlines has brought forth guidelines/actions "Unacceptable behaviour of passengers on board and at the airport", the application of which shall start from April 25^th 2009. According to the procedures set forth in the guidance material "Unacceptable behaviour of passengers on board and at the airport", Montenegro Airlines reserves the right to deny transport to the passengers displaying unacceptable behaviour without their being entitled to recover any ensuing expenses or refund the ticket.

Excerpts from the guidance material "Unacceptable behaviour of passengers on board and at the airport" can be downloaded here.