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S.L. 499.48 · Civil Aviation (Identity Of Air Carrier) (S.L. 499.48)

S.L. 499.48 ст. 5Rights under EC Regulation 261/ 2004.

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(1) In cases where EC Regulation 261/2004, does not apply, and -

(a) the operating air carrier notified to the passenger has been entered on the Community list and is subject to an operating ban which has led to the cancellation of the flight concerned, or which would have led to such cancellation if the flight concerned had been operated in the Community; or

(b) the operating air carrier notified to the passenger has been replaced by another operating air carrier which has been entered on the Community list and is subject to an operating ban which has led to the cancellation of the flight concerned, or which would have led to such cancellation if the flight concerned had been operated in the Community, the air carriage contractor which is party to the contract of carriage shall offer the passenger the right to reimbursement or re-routing in accordance with Article 8 of EC Regulation 261/2004, provided that, when the flight has not been cancelled, the passenger has chosen not to take that flight.

(2) Subarticle (1) shall apply without prejudice to the provisions of Article 13 of Regulation (EC) No 261/2004.