CIVIL AVIATION (DENIED BOARDING COMPENSATION) ġ L.S.232.09 1
SUBSIDIARY LEGISLATION 232.09
CIVIL AVIATION (DENIED BOARDING 
COMPENSATION) REGULATIONS
1st November, 2001
LEGAL NOTICE 78 of 2001.
Title.
Boarding Compensation) Regulations.
Interpretation.
"air carrier" means any air transport undertaking with a valid
operating licence and which operates scheduled flights within
Malta and from Malta to any other country;
"air transport undertaking" means an undertaking whose business
includes the carriage by air of passengers or passengers and cargo
and, or mail for remuneration;
"confirmed reservation" means that a ticket sold by the air carrier
or its authorised travel agent contains:
- a specification of the number, date and time of the
flight, and
- the notation "OK", or any other entry, in the
appropriate space on the ticket signifying the
registration by the air carrier as well as the express
confirmation by the air carrier of the reservation;
"denied boarding" means a refusal to accommodate passengers
on a flight although they have:
- a valid ticket,
- a confirmed reservation on that flight, and
- presented themselves for check-in within the required
time limit and as stipulated;
"the Director" means the Director of Civil Aviation;
"final destination" means the destination on the flight coupon
presented at the check-in counter or, in the case of successive
flights, on the last flight coupon of the ticket. Connecting flights
which can be carried out without difficulties although a delay has
been caused by denied boarding are not taken into account;
"operating licence" means an authorisation issued by the State
responsible to an air transport undertaking, permitting it to carry
out carriage by air of passengers or passengers and cargo and, or
mail as stated in the operating licence, for remuneration;
"overbooked flight" means a flight where the number of
passengers holding a confirmed reservation and presenting
themselves for check-in within the required time limit and as
stipulated exceeds the number of available seats on that flight;
2 L.S.232.09 ħ CIVIL AVIATION (DENIED BOARDING COMPENSATION)
"scheduled flight" means a flight possessing all of the following
characteristics:
- it is performed by aircraft for the transport of
passengers or passengers and cargo and, or mail for
remuneration, in such a manner that, for each flight,
seats are available for purchase by members of the
public, either directly from the carrier or from its
authorised agents,
- it is operated to serve traffic between two or more
points, either:
(i) according to a published timetable; or
(ii) with flights so regular or frequent that they
constitute a recognisably systematic series;
"volunteer" means a person who has:
- a valid ticket,
- a confirmed reservation, and
- presented himself for check-in within the required
time limit and as stipulated and who responds
positively to the air carrier’s call for passengers being
prepared to surrender their confirmed reservation in
exchange for compensation.
Rules for 
overbooked flights.
3. (1) An air carrier shall not operate any scheduled service
unless it has laid down the rules which it will follow for boarding
in the event of an overbooked flight. It shall notify these rules and
any changes therein to the Director. Any such changes shall enter
into force one month after their notification.
(2) The rules referred to in subregulation (1) shall be made
available to the public at the carrier’s agencies and check-in
counters.
(3) The rules referred to in subregulation (1) should include
the possibility of a call for volunteers prepared not to board.
(4) In any event the air carrier should take into consideration
the interests of passengers who must be given priority for
legitimate reasons, such as handicapped persons and
unaccompanied children.
Minimum 
compensation for 
denied boarding.
4. (1) In the event of boarding being denied, a passenger shall
have the choice between:
- reimbursement without penalty of the cost of the ticket
for the part of the journey not made, or
- re-routing to his final destination at the earliest
opportunity, or
- re-routing at a later date at the passenger’s
convenience.
(2) Irrespective of the passenger’s choice mentioned in the
case referred to in subregulation (1), the air carrier shall,
immediately after boarding has been denied, pay minimum
compensation, without prejudice to subregulations (3) and (4),
CIVIL AVIATION (DENIED BOARDING COMPENSATION) ġ L.S.232.09 3
amounting to:
- Lm65 for flights of up to 3,500 km,
- Lm130 for flights of more than 3,500 km having
regard to the final destination specified in the ticket.
(3) Where the air carrier offers re-routing to the final
destination on an altemative flight, the arrival time of which does
not exceed the scheduled arrival time of the flight originally
booked by two hours for flights of up to 3,500 km and by four
hours for flights of more than 3,500 km, the compensation provided
for in subregulation (2) above may be reduced by 50 per cent.
(4) The amounts of compensation need not exceed the price of
the ticket in respect of the final destination.
(5) The compensation shall be paid in cash or, in agreement
with the passenger, in travel vouchers and, or other services.
(6) If, on an overbooked flight, a passenger agrees to be placed
in a class lower than that for which a ticket has been purchased, he
shall be entitled to reimbursement of the difference in price.
(7) The distances given in subregulations (2) and (3) shall be
measured by the great circle track method (great circle route).
Tour operator’s 
obligations.
5. (1) In the event of boarding being denied on a flight sold
as  part of a package tour, the air carrier shall be obliged to
compensate the tour operator who has concluded a contract with the
passenger and who is liable to him for the proper performance of
the contract for the said package tour.
(2) The tour operator shall be obliged to pass on to the
passenger the sums collected under subregulation (1).
Other 
compensations for 
denied boarding.
6. Apart from the minimum compensation amounts set out in
regulation 4, the air carrier shall offer free of charge to passengers
who are denied boarding:
( a ) the expenses for a telephone call and, or a telex or fax
message to the point of destination;
( b ) meals and refreshments in a reasonable relation to the
waiting time;
( c ) hotel accommodation in cases where an additional stay
of one or more nights is necessary.
Passengers 
travelling free or at 
reduced rates.
7. The air carrier shall not be obliged to pay denied-boarding
compensation in cases where the passenger is travelling free of
charge or at reduced fares not available directly or indirectly to the
public.
Form with denied 
boarding 
compensation 
rules.
8. Air carriers shall provide each passenger affected by
denied boarding with a form setting out the denied-boarding
compensation rules.
Savings.
subsequent application to the courts having jurisdiction with a view
to further compensation.
(2) Subregulation (1) shall not apply to the volunteers who
have accepted compensation under the rules referred to in
4 L.S.232.09 ħ CIVIL AVIATION (DENIED BOARDING COMPENSATION)
regulation 3.
