Please note that each aircraft charter contract is unique and that we only present here the main principles of care, assistance and compensation of passengers in case of cancellation or delay of a flight.

Access to the content of this page is for information purposes only and may not be applicable to your situation. Skylark cannot be held responsible for any consequences arising directly or indirectly from the use of the information presented here. For further information or a tailored assessment, please contact us.

Are the passenger assistance and compensation rules EC261/2004 applicable on a flight chartered by a travel agent?

Yes, the EC261/2004 rules on passenger assistance and compensation apply to flights chartered by a travel agent. These rules provide provisions and safeguards for passengers on all flights covered by the EU rules, including flights chartered by travel agents. This means that if a passenger experiences delays, cancellations or denied boarding on a charter flight, they may be entitled to assistance and/or compensation under EC261/2004. It is important to note that these rules apply to flights within the EU, as well as to flights between the EU and third countries.

How can I claim my rights to care and compensation when I travel on a flight chartered by a travel agency or other travel professional?

If you are seeking care and compensation for a problem or incident that occurred during a flight chartered by a travel agency or other travel professional, you may have certain rights depending on the circumstances of your travel. These rights may be established by the regulations of the country where the travel agency or professional is based, or by international agreements such as the Montreal Convention for international flights.

To claim your rights, you will need to follow the procedures established by the travel agency or professional, or by the relevant authorities. This may involve contacting the travel agency or professional directly to request assistance or compensation, or filing a claim with a government agency responsible for regulating air travel.

It is important to gather all relevant documentation, such as your ticket, boarding pass, and any other evidence of the incident or problem you experienced, to support your claim. You may also need to provide proof of any expenses you incurred as a result of the incident, such as the cost of a hotel stay or additional transportation.

If you are unable to reach an agreement with the travel agency or professional, you may have the option to seek legal recourse through the courts or through alternative dispute resolution processes. It is advisable to seek legal advice if you are considering taking this step.

Do the rules applicable to handling and compensation apply to insured flights in business or private jets?

The rules and regulations governing the handling and compensation of passengers in the event of a problem or incident during a flight generally apply to all flights, including those on private jets or chartered flights. These rules may be established by the regulations of the country where the private jet or chartered flight company is based, or by international agreements such as the Montreal Convention for international flights.

If you are seeking care and compensation for a problem or incident that occurred during a private jet or chartered flight, you may have certain rights depending on the circumstances of your travel. To claim your rights, you will need to follow the procedures established by the private jet or chartered flight company or by the relevant authorities. This may involve contacting the company directly to request assistance or compensation, or filing a claim with a government agency responsible for regulating air travel.

Where can I find the laws applicable to assistance and indemnification of passengers travelling on chartered flights?

The laws and regulations governing the assistance and compensation of passengers in the event of a problem or incident during a chartered flight may vary depending on the country where the chartered flight company is based and the location of the flight.

In some cases, these laws may be established by international agreements, such as the Montreal Convention, which sets out the rights of passengers on international flights. The Montreal Convention applies to all international flights, including chartered flights, and provides for the payment of compensation to passengers in the event of death, injury, or delay.

In other cases, the laws governing chartered flights may be established by the national aviation authority of the country where the chartered flight company is based. You can usually find information about these laws on the website of the national aviation authority or by contacting them directly.

It is also a good idea to check the terms and conditions of your ticket or contract with the chartered flight company, as these may specify the rights and responsibilities of the company and the passengers in the event of a problem or incident during the flight.

If my flight is delayed or cancelled, should I first contact the carrier or travel agent to assert my rights?

If your flight is delayed or cancelled and you are seeking assistance or compensation, it is generally advisable to first contact the carrier (i.e. the airline operating the flight) to assert your rights. The carrier is responsible for the operation of the flight and may have specific procedures in place to handle delays and cancellations.

If you booked your flight through a travel agent or online travel agency, you may also want to contact them to see if they can provide assistance or guidance. However, the carrier is ultimately responsible for the operation of the flight and any compensation or assistance that may be owed to passengers.