EU261 – Passenger Rights for Flight Delays or Flight Cancellations

EU261 Regulation

Under EU Air Passengers’ Rights Regulation (EC) No. 261 of 2004, air passengers are entitled to compensation or refund for longer flight delays, flight cancellations, and denied boarding due to overbooking.

In order to claim compensation for delayed flights under EU261 rule …

1. The flight should have been delayed over 3 hours at the final destination
2. The flight must have been departed from EU airport or landed at EU airport with an EU-registered airline
3. There mustn’t be extraordinary circumstances, such as extreme weather, political unrest, strike, or any ‘Act of God’.

Am I eligible for compensation under the EU261 Rule?

If the delay or cancellation was due to the airlines’ fault, you might be eligible for compensation up to 600€.

Since EC Regulation 261/2004 is a European law, it applies to EU air space.

You do not have to be a European citizen to claim compensation under the European Passenger Rights EC261 Regulation.

It is valid for all passengers irrespective of their citizenship.

You are eligible for compensation if your flight was …

• either departed from an EU airport (with any airline)
• or arrived at an EU airport with an EU-regulated airline

You are not eligible for compensation if your flight was delayed due to extraordinary circumstances such as bad weather, security threats, strike, etc.

What rights are covered by EU Regulation 261/2004?

• Flight Delay: Your flight arrived later than 3 hours at the final destination.
• Flight Cancellation: Your flight was cancelled without prior notice at least 14 days before departure.
• Flight Overbooking: Your flight was overbooked, and you were denied boarding.
• Missed Connection: You missed the second leg due to delay or cancellation of your first leg. In such cases, you may ask for a refund of the part of the journey not covered and a return flight to the original destination.

EU Flight Delay Compensation

As per EU laws, the passenger can claim financial compensation for delays of more than 3 hours. In case of cancellation or overbooking, if the airline provides you with an alternate flight that gets delayed, the compensation amount may be reduced by 50%.

NOTE:

1. For internal flights within the EU, you can demand up to 400€.
2. For the flight originating from the EU airport but landing 3-4 hours later at an airport outside the EU, the airlines should reimburse you up to 300€.
3. Whereas, if the flight originated from an EU airport but landed later than 4 hours at an airport outside the EU, then you can demand up to 600€.

Flight Cancellation Compensation

If your flight was cancelled without prior notice of at least 14 days, you may ask for flight cancellation compensation or get a refund.

There are two options available for you to choose from …

1. You can either apply for a ticket refund, or
2. You may ask for a change of flight or an alternate flight.

You can claim EU flight compensation for a cancelled flight if the information of the cancellation of the scheduled or booked flight is not provided at least 14 days before the scheduled time of departure.

In line with EU Passenger Rights Regulation 261/2004, you can claim compensation for flight cancellations up to 600€.

The amount of compensation may vary between 125€ and 600€ and depends on the length of the delay and the route distance of your flight.

Use our Compensation Calculator to determine the exact amount of the sum you can ask for flight cancellation.

Denied Boarding

If you were denied boarding, you might be eligible for compensation under the European Regulation EC261 up to 600€ if …

• you have presented yourself on time for check-in, and
• you have a valid flight reservation and travel documentation, and
• you were denied boarding due to overbooking (overselling of flight tickets), and
• you didn’t voluntarily give up your seat

If you were denied boarding the flight due to overbooking, you should be re-routed to the earliest available flight.

Alternatively, you can ask for a refund of the ticket cost (which should be credited in the next seven working days) if you are unwilling to travel.

Missed Connections

A connecting flight is a flight booked under one booking number or in one booking event.

Due to the delay or cancellation of your first leg, you missed the second leg. In such cases, you may ask for a refund of the part of the journey not covered and a return flight to the original destination.

To claim compensation for missed flight connection due to delays, the passenger must book the entire journey under one ticket or one booking reference. If you have booked the two legs separately, your claim for missed flight due to delay is not admissible for compensation.

What are Extraordinary Circumstances?

If the flight was delayed or cancelled due to ‘Acts of God’, the airline may not be liable for financial compensation. But still cannot shy from its duty to provide care (For, e.g. refreshments, phone calls and/or accommodation) to travellers similar to Customer Service Plans mandated by the U.S. Federal law for passenger services during such contingencies.

The table below serves to understand the commonly defined ‘Acts of God’ circumstances that shield the airline from paying monetary compensation.

What are the ‘Rights to Care’?

• Meals & Refreshments: The passengers of the delayed flights need to be provided with a reasonable meal or refreshments free of cost to the passengers concerning the quantum of delay and circumstances.
• Communications: In the event of a delay, the airline should provide at least two telephone calls, Fax messages or emails facilities to the passengers.
• Hotel accommodation: The airline is duty-bound to provide free hotel accommodation near the airport for an overnight delay.
• Transport: The airline must provide you with transportation between the hotel and the airport.

When do I have the right to compensation for a package holiday?

EU261 rule also provides protection for tour packages, travel packages, vacation packages, and holiday packages.

Usually, a package involves two travel elements: a flight and a hotel. The rule applies only to those packages purchased within the EU Member States. However, if the trip is scheduled for a destination outside the EU, you can get this protection even then.

You are eligible for compensation for the package holiday if

• Your travel itinerary should clearly state the flight destinations, route, and transport facility either by airplane, taxi, etc.
• This data is binding on the tour organizer.
• Before the trip, the trip organizer should inform you in writing concerning the time and locations for stopovers and flight connections.
• The tour operator is solely responsible for any violation of its terms and conditions.
• Under their terms, airlines can change the original price if it is possible.
• For instance, the tour organizer shall act on the passenger’s behalf against the airline to ask for compensation if any mishap occurs.
• Your organizer should ask for reimbursement, and you should get the full refund of your flight ticket cost within seven days in cash, cheque or electronic bank transfer.
• You must be offered an alternate flight to your final destination with the earliest flight available or as per your convenience.

Typically, you will not claim compensation from the tour operator but directly from the operating airline.

As these compensation payments can be substantial, you should enforce them with your airline, and we will gladly assist you.

In the event of flight delays and cancellations due to exceptional circumstances, compensation claims of airlines are generally denied.

How can we help you to get your compensation under EU Regulation?

Our long experience in this field, coupled with a robust database of flight delays as well as pertinent case rulings, enable us to pitch these differences meaningfully before authorities while making financial claims for fair compensation on your behalf.

Besides, we also have a team of expert lawyers to bring your case to court, if required, to press your rightful claim. You need to fill out the claim form over our website and give all the details like flight number, flight date, etc.

Also, you can download our free flight delay compensation letter template to make your claim to the airline directly at no cost. This will ensure that your letter is complete without missing all the relevant details in compliance with the EU 261 rule.

Why Choose “ClaimFlights”?

• The expert services of ClaimFlights can be of enormous help to air travellers. We enable the air passenger to claim for delayed or cancelled flights in the most suitable manner.
• Once we contact the airlines on your behalf, they may agree to pay compensation while they would not have ordinarily responded to the individual passenger’s similar claim.
• Our specialists often discuss your claim case with the airline, where they cite relevant case laws and historic rulings to establish the validity of your claim.
• We have numerous instances to our credit where we could get the claim successfully for our clients, which was previously denied by the airlines when they were contacted directly by the passenger.