Passengers rights

 

EU Regulation 261/2004 establishes that air passengers have specific rights in case of denied boarding, cancellation and long delays.

You will find all the details on your rights on the link  below “Your Europe”.

 

The Belgian National Enforcement Body is territorially competent for complaints concerning flights

1° departing from an airport situated in Belgium;

2° departing from an airport in a third country and destined for an airport in Belgium, if the operating air carrier carrying out the flight is a Community transporter (i.e. an airline possessing a license issued by an EU Member State).

 

For flights departing from an airport on the territory of another European Union Member State, you will find the contact list here below.

 

Complaint procedure

Your complaint should first be submitted directly to the airline, with copies of all the supporting documents for potential expenses for which you are requesting reimbursement.

 

If there is no response within a reasonable time frame (6 weeks) or if this response is unsatisfactory, you may complain to our department.

In that case, we would like to ask you to complete our webform https://www.mobilit.fgov.be/applications/Internet/EasyWebForms.nsf/PassengerRights.xsp or alternatively the complaint form below which you can send to passenger.rights@mobilit.fgov.be .

 

Please include with your complaint a copy of all correspondence exchanged with the airline, a copy of your booking (or of your airline tickets), as well as a copy of all supporting documentation for expenses for which you are requesting reimbursement (if possible, all documents in PDF).

 

You will receive an acknowledgement of receipt with a reference number.

The time scale for dealing with complaints may be as much as 4 to 6 months depending on the complexity of the case.

 

For your information, our organisation has no authority to compensate passengers in place of air transporters. The compensation of passengers - when due - falls to the airline. 

 

We would also like to bring to your attention the fact that although the BCAA can sanction airlines when infringements against the Regulation (EC)261/2004 are established, it does not have the power to enforce a payment to the passenger.

Our objective is to prevent any future infringement against Regulation (EC) No 261/2004. 

 

In other words, if the airline maintains its position, it falls to passengers wishing to take their request for compensation further, to go to the competent court of law for resolution of the dispute. Indeed, where you have suffered loss or damage, only the national courts can awards damages. In Belgium, actions based on the EC Regulation 261/2004 are time-barred after a period of one year (from the date of the concerned flight) following the application of the Belgian Law of 25 August 1891 (article 9). Our intervention has no effect on the limitation period.

 

If you have a dispute with a Belgian airline that does not concern the cases listed above, you can contact https://economie.fgov.be/en/themes/online/belmed-online-mediation/alternative-dispute-resolution/forms-dispute-resolution/ombudsman/ombudsmen/consumer-mediation-service ;

If you have a dispute with a European airline which does not concern the cases listed above, you can contact https://www.eccbelgium.be/?_ga=2.226366296.339622079.1635151901-944928853.1634627705 ;

For alternative dispute resolution, see https://economie.fgov.be/en/themes/online/belmed-online-mediation/belmed-your-partner 

 

 

Last update : 1/03/2021