Passenger rights

Compensation and assistance in the event of denied boarding, cancellation and flight delays

In our company we do everything possible for your journey to be made in the best conditions and to comply with your rights. We wish to excuse ourselves in advance for any annoyances caused if you have experienced any of these situations.

The rights of passengers are regulated by Regulation (EC) 261/2004 of the European Parliament and of the European Council of 11 February 2004, which regulates the compensation and assistance to air passengers in the event of denied boarding, cancellation or long flight delays. This document is to inform you of your rights in each situation.

It applies to all passengers departing from an airport in a Member State of the European Union subject to the dispositions of the Treaty. It also applies to passengers who depart from a third country and arrive at an airport in a Member State subject to the dispositions of the Treaty when the air carrier providing the flight is of the Union, unless they have the attention of that third country.

For this, passengers must have a confirmed reservation on the affected flight and must check in (except in the event of cancellation) before the indicated time or, by default, at least 60 minutes before the scheduled flight departure time.

It does not apply to passengers travelling free or with a reduced price ticket that is not (directly or indirectly) available to the public nor when a combined journey is cancelled for reasons other than the cancellation of the flight.

1. Denied boarding

In the event of denied boarding the carrier will ask for volunteers to give up their reservations in exchange for benefits agreed between both parties (passenger and air carrier providing the flight).

If there are insufficient volunteers, the carrier may deny boarding to passengers against their wishes, for which it must compensate them and provide them with assistance as described below.

Passengers with reduced mobility and their companion and unaccompanied minors will have priority.

Passengers who have been denied boarding for a justified reason (reasons of health or security, lack of travel documents, etc.) will not have the right to any type of compensation and/or assistance.

1.1 Assistance, alternative transport and refund

Passengers may choose between the following options:

1. Travel to the final destination in comparable transport conditions as quickly as possible or at a later date at the passenger’s convenience (according to available seats).
2. Refund in seven days of the entire cost of the ticket at the price for which it was purchased (for the parts not travelled or those travelled if there is no longer any reason for the journey) together with, as relevant, the return flight to the starting point as quickly as possible. The refund will be paid in cash, by electronic bank transfer, bank transfer, cheque or, by agreement signed by the passenger, a voucher for travel or other services.

Passengers denied boarding will also be offered:

• Sufficient food and refreshments (according to the necessary waiting time).
• Two telephone calls, telex or fax messages or e-mails.
• If an overnight stay is necessary, lodging and transport between the airport and the place of lodging.

1.2 Compensation

Passengers will receive the relevant compensation immediately in the event of denied boarding:

The distances are calculated taking into account the last destination to which the passenger will arrive with a delay in relation to the scheduled time due to the denied boarding.

The compensation will be reduced by 50% in the following cases:

The compensation will be paid in cash, by electronic bank transfer, bank transfer, cheque or, by agreement signed by the passenger, a voucher for travel or other services.

2. Cancellation of flight

In the event of the cancellation of a flight, the company must offer an explanation of the possible transport alternatives.

In addition, priority will always be given to passengers with reduced mobility and their companion and to unaccompanied minors.

2.1 Assistance, alternative transport and refund

The carrier will offer assistance to passengers whose flights have been cancelled; they can choose between the following options:

a) Travel to the final destination in comparable transport conditions as quickly as possible or at a later date at the passenger’s convenience (according to available seats).

b) Refund in seven days of the entire cost of the ticket at the price for which it was purchased (for the parts not travelled or those travelled if there is no longer any reason for the journey) together with, as relevant, the return flight to the starting point as quickly as possible.

The refund will be paid in cash, by electronic bank transfer, bank transfer, cheque or, by agreement signed by the passenger, a voucher for travel or other services.

The following will also be offered free:

• Sufficient food and refreshments (according to the necessary waiting time).
• Two telephone calls, telex or fax messages or e-mails.
• If an overnight stay is necessary, lodging and transport between the airport and the place of lodging.

2.2 Compensation

Passengers have the right to compensation by the operating air carrier in accordance with the compensation table described in point 1.2, unless the following cases:

• If the cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.
• They were informed at least two weeks beforehand with respect to the departure time.
• They were informed between two weeks and seven days before the scheduled departure and they were offered alternative transport that allowed them to depart no more than two hours before the scheduled departure and arrive less than four hours late with respect to the scheduled arrival time.
• They were informed less than seven days beforehand with respect to the scheduled departure and offered another flight that allowed them to leave no more than one hour before the scheduled departure time and arrive less than two hours late with respect to the scheduled arrival time.

3. Flight delays

The air carrier will offer passengers the relevant assistance according to the delay time shown in the following table:

3.1 Assistance and refund

In these cases, the assistance offered will be:

• Sufficient food and refreshments (according to the necessary waiting time).
• Two telephone calls, telex or fax messages or e-mails.
• If an overnight stay is necessary, lodging and transport between the airport and the place of lodging.

When passengers arrive at their destination three hours or more after the time of arrival initially scheduled, they shall be entitled to the following compensations:

Unless the causes of the delay were due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken and which are beyond the effective control of the airline.

* Judgment of the European Court of Justice of 23 October 2012.

If the delay is greater than five hours, passengers will have the rights to a refund in days of the entire cost of the ticket at the price for which it was purchased (for the parts not travelled or those travelled if there is no longer any reason for the journey) together with, as relevant, the return flight to the starting point as quickly as possible. The refund will be paid in cash, by electronic bank transfer, bank transfer, cheque or, by agreement signed by the passenger, a voucher for travel or other services.

Passengers with reduced mobility and their companion and unaccompanied minors will have priority and special attention.

4. Change of class

If the passenger is accommodated on a fight in a lower class than that for which he/she paid the ticket, the relevant percentage of the price of the fight ticket will be refunded (according to the table) in seven days.

*Except fights between a Member State and French overseas territories.

The refund will be paid in cash, by electronic bank transfer, bank transfer, cheque or, by agreement.

5. Relevant information

The term to present the prior claim is five years from the day the incident that could give rise to said claim occurred.

The airline or airport manager to whom the prior claim is made will be obliged to acknowledge receipt of your submission and will respond to the prior claim as soon as possible and, in any case, within a máximum period of one month. since its introduction.

When the resolution of the previous claim is not totally satisfactory for the passenger, or if it has not been answered within a maximum period of one month from the date of presentation thereof; The passenger may appeal to the State Aviation Safety Agency (AESA, https:// www.seguridadaerea.gob.es/ ) for the alternative resolution of those disputes in which the European Union Regulations on the protection of personal data are applicable.air transport users (Reg. (CE) 261/2004 and Reg. (CE) 1107/2006), expressly excluding from this procedure claims regarding baggage, damages and clauses of the transport contract.

It is cause for inadmissibility of the claim before AESA its presentation once a period of one year has elapsed from the presentation of this previous claim. The decision adopted by AESA in the alternative dispute resolution is binding on the airline.

We hope that with this document we have complied with your right to information. If you wish, you can contact our Customer Service:

Binter – Customer Service
900 533 256 - (+34) 928/922 32 77 46
www.bintercanarias.com

We also inform you that the national organisation responsible for compliance with Regulation (EC) 261/04 in Spain is the State Air Security Agency:

AESA – User Attention Section
Paseo de la Castellana, 112 - CP 28046 - Madrid.
www.seguridadaerea.gob.es

The responsible body in each EU country can be found at:
https://transport.ec.europa.eu/index_en