EU Regulation 261/2004: Air Passenger Rights Detailed Overview
Things you have to know about flight compensation regulation 261/2004. Your trip should be perfect, so be ready to face all sorts of situations during the flight.
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Table of contents
- EC Regulation 261/2004: Flights and Situations that Fall Under the Rules
- EC 261 Compensation: Terms and Conditions for All Cases
- Flight Compensation Regulation 261/2004: How to Get It?
We live in a fast-moving world where everyone rushes in a hurry to get somewhere on time. Planes make it easier for us to cover longer distances within short periods of time, but it’s not always an enjoyable experience. Unfortunately, there are situations like flight overbooking, delays, and cancellations.
Still, every cloud has a silver lining and the EU has issued EU Regulation 261/2004 to protect passengers’ rights. The law provides a description of the cases when travelers can claim compensations for the inconveniences they’ve experienced during the flight of a particular airline. The amount of compensation and additional perks depends on various aspects which we are going to discuss.
Passengers who have experienced flight delays, cancellations or overbookings, can expect to get a full refund for the tickets, rerouting, accommodation and meals in case of long delays or late-rerouting. The airline should take care of everything and provide you with transportation to the hotel and back to the airport. In addition to this, you can get compensation from €250 to €600.
If you have some troubles while traveling with a particular airline, you can claim compensation according to the law. Find an airline representative at the airport and report about your situation, check the airline’s website and leave your request online, or you can also use services like AirHelp, where you will get all the details on your situation and, what is more, this service will do all the work for you.
Passengers should know about their rights and be prepared for all sorts of situations. Thanks to the regulation, the EU airlines will do their best to keep you satisfied, will take care of the rerouting, provide the information about the earliest flights, and will help you with the forms for compensation. If you won’t get the required service at the airport, then you can contact the Clients Support Group to get the necessary instructions.
EC Regulation 261/2004: Flights and Situations that Fall Under the Rules
When it comes to proving your rights, you should be prepared and know all the details and nuances. Quite often airlines won’t tell you that you are entitled to compensation and will just reroute your trip and give you meals and beverages. In cases like this, passengers should know when they have rights for compensation as they lose their time and spend extra money while waiting for the next flight.
The regulation applies to passengers who:
- depart from the EU airport and travel to the EU airport;
- depart from the EU airport and travel to the third country and vice verse;
- use the UE airlines that operate within the EU territory.
Apart from this, passengers who want to claim compensation should have a confirmed flight reservation and be at the airport on time for check-ins. Arriving at the airport 10 minutes before departure will be viewed as a case for compensation. In addition to this, the regulation is applicable to passengers who were transferred for no reason from the flight they had a reservation for to another one, and if the change has been made by the air carrier or tour operator.
Please note that the regulation will NOT apply if you are flying for free or at the reduced fee. However, it is applicable to passengers who are traveling on reduced costs based on a frequent flier program provided by the air carrier.
If you are not familiar with the regulation rules and cases when it is applied, you can simply use the AirHelp service. It was specifically designed to help the passengers find out whether they can request compensation from the airline in case of inconveniences caused on the day of departure.
Another thing to know is that the law can be used if you were not notified by the airline about the changes. If you have received the info on cancellation or delay of the flight 14 days or 7 days before departure, you are not entitled to compensation. On the other hand, if the changes had happened 24 hours before departure, you can ask for it.
Flight delays or cancellations might happen because of extraordinary situations that include airport strikes, political strikes in the country, weather conditions, terrorist attacks, etc. These are the cases when extra bonuses cannot be claimed, as the airline has no authority or power to cope with the situations mentioned above. In case the responsibility of flight delay, cancellation or overbooking lies solely on the shoulders of the air operator, then you have the rights to be compensated for the inconveniences.
EC 261 Compensation: Terms and Conditions for All Cases
There are three major problems with flights nowadays: overbooking, delay, cancellation. Here is what you should know for any case based on the flight compensation Regulation 261/2004.
Flight Overbooking
As a rule, the airlines sell more tickets for the flight than there are seats on board. It happens due to the fact that 20% of passengers do not show up for the flight and the air carrier experiences great loses in terms of income.
But there are situations when everyone arrives on time and there are no available seats. What happens next? The air operator should ask for volunteers who can give up their tickets and take another flight. If you will volunteer, you will be also entitled to compensation and the airline representatives are obliged to provide you with the accommodation and transfer if the next flight is overnight.
Sometimes, there are no volunteers and airline staff decides on their own who is going to be denied in boarding against their will. In any case, you should come on time to the airport and go through all the stages like check-ins and passport control, so you will not be included in the list of late-comers.
Passengers who were denied in boarding should be compensated according to the regulation and be provided with meals, beverages, hotel and transfer (if the next flight is the next day), as well as receive monetary compensation.
Flight Delay
Delays are quite common when traveling by air. If there is no extraordinary reason for the delay of the flight and the airline is responsible for it, then passengers should get appropriate care if the flight is:
- delayed for two hours and more and it is up to 1500km long;
- delayed for three or more hours and it is between 1500–3500km (please note that it should be a flight within the EU territory, to the EU airport or from);
- delayed for four hours and more for the flights that are over 3500km.
In all the above cases, passengers have rights for:
- meals/drinks in a reasonable amount in relation to the waiting time;
- hotel and transfer from the airport and back if there is a need to stay a night or more;
- free of charge phone calls (2), fax messages or e-mails.
Flight Cancellation
If your flight has been canceled prior to the departure, you have the right to compensation and should be offered assistance from the air carrier. The airline can reimburse the full cost of the ticket with 7 days period or offer you a ticket for the return flight to your initial point of departure.
Also, there is an option when the airline can reroute your trip if the conditions suit your plan and you can get to the final destination point. Additionally, you are entitled to get free meals and drinks in a reasonable amount for the waiting time, be offered accommodation and transfer if the next flight is overnight, and get from €250 to €600 depending on the length of your flight.
If you choose to reroute the trip, the airline can reduce the amount of compensation by 50% according to the EC261 Compensation rules.
Please note that you cannot get compensation if you were informed of the changes in the schedule two weeks before departure. Also, it is not applicable to the cancellations caused by extraordinary circumstances.
How Much Do You Get?
As you already know, if the flight is under the EU authority, you’re enabled to receive extra money bonus (along with rerouting). The amount depends on the flight length and a delay time:
- for short flights up to 1500km and more than two-hour delay, you’re entitled to get €250;
- for medium-length flights between 1500 and 3500km with more than three-hour delay, you get — €400;
- for long-distance flights over 3500km and over four-hour delay, you get €600.
Note that if you were not provided with the ticket replacement, you have the right to claim a full reimbursement amount in any case.
Services like AirHelp can calculate the amount within seconds as well as take care of your request for you and deal with the airline. The website form differs from the ones provided by the airlines and it will take less time to fill it out and file the request for compensation.
Flight Compensation Regulation 261/2004: How to Get It?
Passengers who were not lucky and could not enjoy their trip as planned should be taken care of by the airline. If you were denied in boarding the aircraft, your flight has been canceled or delayed for long hours, you should immediately find the airline representatives at the airport. There you can fill out the application for compensation as well as get all the other assistance.
The airline staff is obliged to inform you about your rights and provide you with the necessary info on extra bonuses (including food, beverages, hotel, transfer, etc.). If you are obligated to wait for the next flight for more than two hours, you are going to get free meals and refreshments in accordance with your waiting time.
For the passengers who shall wait for the nearest flight for a day or more, the airline has to find accommodation for the traveler, take care of all the fees, as well as provide transfer to the hotel and back to the airport.
EU Air Passenger Rights: Let’s Sum Up
According to the EU Regulation 261/2004, passengers should:
- have all the necessary documents with them to claim compensation (passport, boarding pass, tickets confirmation);
- arrive on time at the airport on the day of their departure;
- make sure their flight has been canceled because of the airline and there are no extraordinary circumstances that could prevent the departure.
If everything is in order and the flight cancelention is solely an airline’s fault then you are entitled to the compensation. Find the airline representatives and file your request. Passengers can receive compensation in cash or bank transfer.
In case there are no representatives of the airline at the airport, go to their website and find the compensation application. You can fill it out and submit your request. Usually, it takes over three weeks for the airline Clients Support Team to view your case and send the information.
Also, there are services like AirHelp that can do all the work for you. You can go to their website, leave your request for compensation and a team of professionals will do all the work for you. It is extremely convenient, especially nowadays, especially when you have to know all the subtleties of the regulation.
This article contains affiliate links to AirHelp
