Air Passenger Rights under Regulation (EC) No 261/2004 and how to enforce them.
Planning to travel soon but worried about your flight being delayed, cancelled, or overbooked without knowing if you can claim compensation? Since 2004, a European regulation has been in place that grants specific rights to air passengers departing from or arriving in an EU country. Thanks to this regulation, you can receive compensation for a delayed or cancelled flight, or denied boarding, according to a fixed amount.
Learn about air passenger rights in Europe under Regulation (EC) No 261/2004 with Delayed. We present your rights as an air passenger within the EU and guide you on how to enforce them if your trip is disrupted to obtain financial compensation.
Claim my compensation1. The European regulation EC 261
Air passenger rights are primarily governed by Regulation (EC) No 261/2004, which mainly addresses disruptions such as delayed flights, cancelled flights, or denied boarding for flights departing from an EU country or operated by a European airline to the European Union.
The Regulation (EC) No 261/2004 establishes the conditions for compensating air passengers for covered inconveniences, holding airlines financially accountable for delayed, cancelled, or overbooked flights, except for disruptions beyond the airlines' control. These extraordinary circumstances that exempt the application of air passenger rights are specified in the European regulation for each case eligible for financial compensation.
The Regulation (EC) No 261/2004 protects the rights of all air passengers, regardless of nationality, as long as they have taken a flight departing from an airport located in an EU country.
The Regulation (EC) No 261/2004 is legislation passed by the European Parliament, to which every airline is subject. They are thus obliged to inform air passengers of their rights related to this regulation at every airport where they operate.
Which Flights Are Covered by Regulation (EC) No 261/2004?
The Regulation (EC) No 261/2004 covers all delayed, cancelled, or overbooked flights departing from an airport located in one of the 28 EU countries, but not only. Discover below all the countries concerned:
- The 28 EU Countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, and Sweden.
- It also applies to these 3 Countries: Switzerland, Iceland, Norway.
- The "outermost regions" (French Guiana, Martinique, Mayotte, Guadeloupe, Réunion Island, Saint Martin, Madeira, the Azores, and Canary Islands).
- The Regulation (EC) No 261/2004 also applies to air passengers taking a flight from a country outside the European Union to an EU country, if the airline operating the affected flight is European.
2. Air Passenger Rights for a Delayed Flight under Regulation (EC) No 261/2004
Which Flight Delays Are Eligible?
The Regulation (EC) No 261/2004 defines the rights of air passengers following a delayed flight. Compensation claims for a delayed flight are only valid if they meet the specific conditions established by this regulation. Compensation rights for a delayed flight only apply to flights delayed by more than 3 hours, based on the actual arrival time when the aircraft reaches the gate.
Regulation EC 261 covers delayed flights under certain specific conditions, particularly when the airline is responsible for the delay. According to the regulation, an airline may be held responsible for a delay if it was caused by technical issues or operational circumstances that the airline could have avoided.
Extraordinary circumstances are not considered sufficient grounds to establish airline responsibility for a delayed flight, as these are situations entirely beyond the airlines' control, and therefore they cannot be held accountable. These situations include dangerous weather conditions, such as tornadoes, snowstorms, or severe thunderstorms, as well as medical emergencies, air traffic control restrictions, or strikes by airport and air traffic control staff. According to Regulation (EC) No 261/2004, airlines are nonetheless held responsible, following a European Court of Justice decision in April 2018, for any flight delayed due to a strike by their own staff.
Specific Conditions for Coverage under EC 261:
- Extraordinary circumstances.
- Technical issues.
- Operational circumstances.
The Regulation (EC) No 261/2004 on delayed flights also applies retroactively to all flights you may have taken in the past 3 years. Therefore, if you still have proof of a delayed flight that occurred less than 3 years ago, you are legally entitled to file a claim with the airline concerned to obtain financial compensation for your delayed flight.
The Amounts of Delay Compensation:
The amount of financial compensation granted to air passengers for a delayed flight is defined by Regulation (EC) No 261/2004 and applies to any flight delay of more than 3 hours. This amount is calculated based on various factors below:
Factors for Calculating Your Flight Delay Compensation:
- The travel distance.
- The airspace used (whether the flight was operated within the EU or not).
- The total delay duration if you accept to be rerouted on another flight or change itinerary.
Considering these different factors, you may be entitled to compensation ranging from €250 to €600 for your delayed flight.
Other Compensation Guaranteed by Regulation (EC) No 261/2004 for a Delayed Flight
Besides the financial compensation granted if an airline is found responsible for your flight delay, Regulation (EC) No 261/2004 also entitles air passengers to certain compensations from the airline at fault. You may receive enhanced services if you agree to take another flight with the airline responsible for your previous delay, or a partial refund if you choose to travel in a lower class.
The Regulation (EC) No 261/2004 also specifies that the airline responsible for your flight delay must cover your meal expenses and reimburse your phone calls. Additionally, depending on the flight distance and your waiting time, the airline responsible for the delayed flight must cover accommodation costs if needed, in accordance with Regulation (EC) No 261/2004.
Other Possible Compensations for a Delayed Flight:
- Enhanced services if a replacement flight is offered.
- Partial refund if a replacement flight is in a lower class.
- Coverage of meal expenses and reimbursement of phone calls.
- Reimbursement of accommodation expenses based on distance and waiting time.
3. Flight Cancelled? Air Passenger Rights under Regulation (EC) No 261/2004
The Regulation (EC) No 261/2004 is also the reference regulation for protecting air passenger rights in the event of a flight cancellation. It applies under the same conditions as for delayed flights, granting similar rights to care. Here are some details on flight cancellations covered by Regulation (EC) No 261/2004.
Which Cancellations Are Eligible?
Regulation EC 261 covers all flight cancellations announced by airlines with less than 14 days' notice, except for cancelled flights where the airline can offer a substitute flight meeting specific criteria.
Flight Cancellation Not Eligible for EC 261 Compensation if:
- You received notification 7 to 13 days in advance for a substitute flight scheduled to depart less than 2 hours before your cancelled flight's departure time. This flight must arrive at its destination within 4 hours of the arrival time indicated on your cancelled flight ticket.
- You received a cancellation notice 7 days before the scheduled departure date, for a substitute flight scheduled to depart less than 1 hour before your cancelled flight's departure time. This substitute flight must take you to your destination within 2 hours of the arrival time indicated on your cancelled flight ticket.
The Amount of Compensation for a Cancelled Flight.
The amount of compensation for a cancelled flight is determined by the Regulation (EC) No 261/2004, taking into account various factors such as the initially planned distance if the flight had taken place or the airspace that would have been used, to determine whether it was a flight within or outside the EU.
Factors for Eligibility for Flight Compensation:
- The travel distance.
- The airspace used (whether the flight was operated within the EU or not).
- The total delay duration if you accept to be rerouted on another flight or change itinerary.
Considering these different factors, you may be entitled to compensation ranging from €250 to €600 for your cancelled flight.
Other Compensations Guaranteed by Regulation (EC) No 261/2004 for a Cancelled Flight.
In the event of a flight cancellation, if you do not wish to accept the substitute flight offered by the airline, Regulation (EC) No 261/2004 entitles you, as an air passenger, to certain compensations, which you are free to claim from the airline responsible for your flight cancellation.
- Receive financial compensation.
- Get a full refund of your plane ticket.
- Receive, if needed, a return flight ticket to your original location.
Additionally, you can request to be rerouted on the first available flight from your destination airport, or to have a new flight ticket to this airport on the date you desire (subject to availability).
Claim my compensation4. Denied Boarding? Your Rights under Regulation (EC) No 261/2004
Regulation EC 261 also defines the rights of air passengers in the event of denied boarding. An overbooked flight occurs when an airline sells more tickets for a flight than the actual capacity of the aircraft assigned to operate that flight. If you find yourself in this situation, be aware that European legislation protects your rights and allows you to claim financial compensation for most overbooked flights.
Rules on Denied Boarding.
Regulation EC 261 only covers involuntary denied boarding, where you as an air passenger are not at fault. Your overbooked flight will be covered and thus eligible for financial compensation if you are not late for the scheduled boarding time and have all your identity and reservation documents with you when boarding.
- You are not late at the time of boarding.
- You have all your reservation and identity documents.
- You are not the cause of a security or health issue.
Regulation EC 261 specifies, however, that your rights to compensation will not be valid if you voluntarily give up your seat on the overbooked flight in exchange for a substitute flight, a refund of your plane ticket, or any other compensation offered by the airline responsible for the denied boarding.
The Amount of Compensation for an Overbooked Flight
The Regulation (EC) No 261/2004 calculates the compensation amount for an overbooked flight by considering the same factors as in the case of a delayed or cancelled flight, namely the planned flight distance or the airspace flown over (within or outside the EU) if you had been able to board your overbooked flight.
Factors for Eligibility for Flight Compensation:
- The travel distance.
- The airspace used (whether the flight was operated within the EU or not).
- The total delay duration if you accept to be rerouted on another flight or change itinerary.
Based on these different factors, Regulation (EC) No 261/2004 may entitle you to compensation ranging from €250 to €600 for your overbooked flight.
Other Compensations Guaranteed by Regulation (EC) No 261/2004 for an Overbooked Flight
If you find yourself in a situation of denied boarding for which you are not responsible, you are not obliged to accept the substitute flight offered by the airline. Regulation EC 261 grants air passengers the right to certain compensations, which you can claim at your discretion from the airline responsible for the denied boarding.
- Receive financial compensation.
- Get a full refund of your plane ticket.
- Receive, if needed, a return flight ticket to your original location.
Additionally, you can request to be rerouted on the first available flight from your destination airport, or to have a new flight ticket to this airport on the date you desire (subject to availability).
Claim my compensation