The EU Air Passenger Rights Regulation

The EU Air Passenger Rights Regulation

Since 2004, the European Union has set out clear and concise guidelines through Regulation (EC) No 261/2004 to make sure air passengers aren’t left high and dry in the event of delays or cancellations. This regulation ensures that passengers are eligible for compensation of up to €600 when faced with denied boarding, cancellations, or significant delays.

This guide includes a thorough look at the legal foundation and the necessary steps to claim one’s rights, giving passengers the knowledge needed to understand their entitlements in such sticky situations.

Use our online compensation calculator to check whether you are entitled to compensation and then get Flightright to enforce your claim at the touch of a button.

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EU Regulation (EC) No. 261/2004

EU Regulation (EC) No. 261/2004 is a comprehensive set of rules that safeguards the rights of passengers in cases of flight cancellations, delays, and overbookings. This regulation ensures passengers are entitled to compensation of between €250 (£220) and €600 (£520) if their flights are delayed by more than three hours. Additionally, travellers are entitled to care and assistance if they have to wait as little as two hours. The legal regulation applies to all passengers with a confirmed booking and requires that they present themselves at the check-in desk within a reasonable time before the flight.

In simple terms: it guarantees passengers basic rights and is intended to encourage airlines to prioritise punctuality and reliability.

Scope of the regulation

The EU Passenger Rights Regulation (EC) No. 261/2004 applies comprehensively to all flights departing from or arriving at an airport within the European Union. This regulation encompasses flights operated by both EU and non-EU airlines under specific conditions:

• Departing from an EU Airport: Regardless of whether the airline is based in the EU or not, passenger rights are enforceable for all departures from EU airports.
• Arriving at an EU Airport: For flights arriving in the EU, the regulation applies only if the operating airline is headquartered within the European Union.

This ensures a broad application of passenger rights, thereby safeguarding the interests of travellers on a wide array of flight operations within and into the EU.

The EU Passenger Rights Regulation does not apply to:

• Special Fares and Free Flights: If travellers are flying for free or on a special fare that isn’t directly or indirectly available to the general public, the regulation doesn’t cover them.
• Late Arrivals at the Terminal: Regrettably, if passengers fail to check in on time, they’re out of luck. It’s advised to check in at least 45 minutes before departure—unless, of course, the flight is cancelled, in which case different rules come into play.

Have you also been affected by a flight delay or cancellation?

Flightright simplifies the process of asserting your rights. Utilise our non-binding compensation calculator to determine if you qualify for compensation. Should you choose to proceed, Flightright will handle your claim online with ease. Upon successful enforcement of your claim, you receive your compensation, minus our success commission (typically 20-30% plus VAT).

Definition of compensation and assistance services and ticket reimbursement

EU air passenger rights regulate the claims of passengers in the event of flight cancellations, significant delays or denied boarding due to overbooking. The regulation defines three main categories of benefits:

1. Compensation

This refers to financial compensations for passengers in the event of flight cancellations or significant delays. The compensation amount is tiered and ranges from €250 (£220) to €600 (£520), depending on the flight distance. It is also independent of the ticket price paid.

Amount of Compensation

The compensation amount scales with the length of the flight and is outlined in the EU Air Passenger Rights Regulation. For delays longer than three hours, the following fixed rates apply:

• For flights up to 1,500 km: €250 (£220)
• For flights between 1,500 km and 3,500 km: €400 (£348)
• For flights over 3,500 km: €600 (£520)

2. Assistance Services

This includes support measures that airlines must provide during the wait for a replacement flight. These include:

• Snacks, meals, and refreshments
• 2 free phone calls, faxes, or emails
• If an overnight stay is required due to the flight being the next day, assistance includes hotel accommodation and transfers between the airport and hotel

The extent of these assistance services must be proportionate to the waiting time. Should the airline fail to provide these services, passengers can arrange their own meals and accommodation and later claim the costs from the airline. It’s important to keep all receipts meticulously for reimbursement.

3. Reimbursement of Ticket Cost

In the event of a flight cancellation or if a passenger voluntarily opts out (such as in cases of overbooking), passengers are entitled to a full refund of the ticket price.

Alternative Transportation:

Rather than accepting a refund, passengers can choose to be rebooked on an alternative flight, ensuring they still reach their desired destination with minimal fuss.

Rights in the event of flight delays

In the event of flight delays, the EU regulation grants passengers the right to care services from a delay of 2 hours and compensation payments of between 250 and 600 euros if the delay is more than three hours and the flight starts or ends within the EU and is operated by an EU airline (see table above).

The amount of compensation depends on the flight route. It should be noted that no compensation is paid if extraordinary circumstances are responsible for the delay.

Passengers also have the right to cancel their trip if the flight is delayed by more than five hours. In such a case, they can demand reimbursement of the ticket costs. In the case of package tours, the entitlement goes even further: if a flight is delayed by at least four hours, travelers can claim compensation from the airline as well as a portion of the package tour price back from the tour operator.

Example situation:

Mr Smith booked a flight from Manchester to Barcelona. The arrival was scheduled for 14:00, but the plane did not land until 18:00, resulting in a 4-hour delay.

Rights and claims for Mr Smith:

• Compensation: As the flight was operated within the EU by an EU airline, Mr Smith is entitled to compensation of €400. This is because the flight distance is over 1,500 km and the delay exceeded 3 hours.
• Assistance services: During the waiting time, Mr Smith is entitled to assistance services, such as complimentary meals and drinks, as well as communication options (e.g., phone calls or emails).

Mr Smith is entitled to both financial compensation and care services in this case, which significantly strengthens his rights for the delayed flight.

Current Flight Delays and Cancellations

Are you currently facing flight delays or cancellations? Don’t worry, we’ve got you covered. Here, you can find your cancelled flight, check your eligibility for compensation using our handy compensation calculator, and easily instruct Flightright to pursue your claim online. It’s as smooth as a first-class service!

Rights in the event of a missed connecting flight

Passengers who miss their connecting flight and suffer a delay of more than three hours at their final destination are also entitled to compensation, provided that both flights belong to the same booking.

Rights in the event of cancellation

Passengers have various rights in the event of a flight cancellation. They can choose whether they want a refund of the ticket price or to be transported to their final destination under comparable travel conditions.

If passengers are not given a choice, they still have the right to compensation for the difference between the ticket prices. If a cancellation is notified less than 14 days before departure and no alternative transportation is provided, passengers are entitled to compensation payments of up to 600 euros – here too, the amount depends on the flight route.

Exceptions to this rule are cases where there are exceptional circumstances such as difficult weather conditions or safety risks.

Example:

The Smith family – consisting of parents and two children – booked a flight from Manchester to Athens for their summer holiday. The flight was scheduled to depart at 10:00 on 15 July 2024. The flight distance is approximately 2,900 km.

Scenario:

• On 5 July (10 days before departure), the family received an email from the airline stating their flight had been cancelled. The airline offered two options:
  • 1. Full refund of the ticket price
  • 2. Rebooking to a flight on the next day (16 July) at 07:00

Right and claims of the Smith family:

• Compensation: As the cancellation was notified less than 14 days before departure and the flight distance is between 1,500 and 3,500 km, each family member is entitled to €400 in compensation. The total compensation amount is €1,600 (4 x €400) (£1392 (4 x £348)).
• Choice between reimbursement and rebooking: The family is free to choose whether they want their money back or accept the alternative flight.
• Assistance services: If they choose the next day flight, the family is entitled to:
  • Hotel accommodation for the extra night
  • Transfers between the airport and hotel
  • Meals and drinks
• Duty to inform: The airline must inform the family in writing of their rights, including compensation entitlements
• Reimbursement deadline: If the family chooses reimbursement, this must be made within 7 days
• Additional costs: If the family incurs additional costs as a result of the postponement (e.g. for an extra day’s holiday), they can attempt to get these reimbursed by the airline

It’s worth noting that the Smith family should keep all receipts and documentation related to any additional expenses incurred due to the flight cancellation. This will be helpful if they need to claim reimbursement from the airline for these costs.

Flight rescheduling as a cancellation

If a flight is brought forward by more than 1 hour, this is legally treated as a cancellation. In this case, passengers are generally entitled to:

• Compensation (€250-600 depending on the flight route)
• Ticket refund or free rebooking
• care services such as meals

Overbooking and Your Right to Compensation

In the event of overbooking and a resulting denied boarding, passengers are also entitled to compensation if they have a confirmed booking and arrive at check-in on time.

Airlines must first look for volunteers who are prepared to give up their flight. If they fail to do so, denied boarding passengers are entitled to the legally prescribed compensation payments.

Passengers who give up their seats voluntarily must be offered the choice between a refund of the ticket price or a rebooking. These rights remain valid even if the airline can provide reasons for the overbooking, unless it can prove exceptional circumstances that would justify an overbooking.

In the event of overbooking, passengers can make use of assistance services immediately instead of after 2 hours as usual.

Example:

Mrs Smith booked a flight from Manchester to Paris and arrived punctually at the check-in counter. There, she was informed that the flight was overbooked and she couldn’t board.

In this case, Mrs Smith has the following passenger rights:

1. Ticket refund: The airline must offer her a choice between a full refund of the ticket price or rebooking on a later flight.
2. Compensation: She is entitled to compensation. For this flight route (under 1,500 km), the compensation amounts to €250.
3. Assistance services: The airline must immediately provide her with free meals and refreshments, as well as two telephone calls or emails.
4. Extended Assistance: If the next available flight departs the following day, Mrs Smith is additionally entitled to hotel accommodation and transfer between the airport and hotel on top of the regular assistant services.

These rights apply regardless of whether the airline can provide reasons for the overbooking, unless extraordinary circumstances are present.

It’s worth noting that under UK law, these EU passenger rights have been retained post-Brexit, ensuring British travellers continue to enjoy similar protections when flying from UK airports or with UK-based airlines.

Difference between extraordinary circumstances and normal delays

Normal delays

Normal delays result from circumstances that are considered part of regular flight operations and are often under the control of the airlines. These include:

• Technical problems that could have been detected with proper maintenance
• Organizational problems within the airline
• Staff shortages at the airline
• Delays due to operational procedures

In the case of normal flight delays of more than three hours, the airline is usually obliged to pay compensation to the passengers affected, in addition to the necessary care services.

Extraordinary circumstances

Extraordinary circumstances are events that are beyond the airline’s control and could not be avoided despite all reasonable measures. Examples of this are:

• Extreme weather conditions
• Unexpected flight safety deficiencies
• Strikes that do not affect the airline itself
• Political instability
• Security risks

In these cases, the airline is exempt from the obligation to pay compensation, but must continue to provide care services.

More about strikes

Strikes within an airline that are carried out by its own staff do not fall under the concept of extraordinary circumstances. This means that passengers are entitled to compensation in the event of delays or cancellations caused by such strikes. As the airline is responsible for coordinating its staff, it is also responsible for such delays.

Strikes by air traffic controllers or airport staff are external events and the airlines cannot be held liable for them. Irrespective of this, passengers have the right to a rebooking or ticket refund and must be informed of the reasons for the delay.

Burden of proof on the airline

The airline cannot simply invoke “extraordinary circumstances” and thus reject all claims for compensation. According to a ruling by the ECJ on June 11, 2020 (case C-74/19), the airline must prove that it has done everything possible to offer the affected passengers alternative transportation as soon as possible.

In concrete terms, this means that the airline must show that it has examined all available options – be it a rebooking to its own or another flight, or alternative means of transport such as bus, train or cab. The aim is to get the passenger to their destination as quickly as possible.

Airlines are obliged to inform passengers about their passenger rights

Airlines must inform passengers in detail about their passenger rights. This includes, for example, informing passengers at check-in, handing out written notices in the event of flight delays and providing sufficient information on the airline’s website.

Under UK law, which largely mirrors the EU Regulation EC 261/2004, airlines must inform passengers of their rights in cases of:

• Flight delays
• Cancellations
• Denied boarding (overbooking)

This information should include details about potential compensation, which can range from £220 to £520 depending on the flight distance

Checklist for Making Claims

Necessary Documents

To make your claims effectively, it’s essential to have certain documents ready:

• Boarding Pass or E-Ticket: This is your proof that you were on the affected flight.
• Booking Confirmation: Particularly important if booked via third parties, to validate your reservation.
• Travel Documents: Passport or ID card to clearly confirm your identity.
• Information on Flight Delays: Document all relevant details such as actual departure and arrival times and the duration of the delay.
• Flight Number: Keep your flight number handy to simplify communication with the airline.

Steps to File a Claim

1. Contact the Airline: Notify the airline promptly about the delay and submit your demands in writing.
2. Document Your Expenses: Keep receipts for all additional costs and document them.
3. Obtain Confirmation: Request written confirmation of the delay from the airline. If refused, try to get confirmations from fellow passengers.
4. Set a Deadline: Specify a deadline in your claim by which the airline should respond.
5. Utilise Available Resources: Use online forms or template letters to communicate your claims in a structured and complete manner.

It is crucial that all steps are followed carefully, as missing information or documents can delay the process.

Use our compensation calculator right now for a free check of your flight. If you are entitled to a compensation payment, you can instruct us to enforce your claims with just one click.

Cost-free Process

When utilising EU Air Passenger Rights, the principle of cost-free claims fundamentally applies. Here are the key points about cost-free claims:

Free Assertion of Claims

• Asserting claims under the EU Air Passenger Rights Regulation is cost-free for passengers.
• Passengers can exercise their rights directly with the airline without incurring any fees.

No Procedural Costs

• The complaint procedure with the appropriate national enforcement bodies is free for passengers.
• Using online tools to verify claims, such as those offered by consumer organisations, is generally free of charge as well.

How Long Do You Have to Claim Compensation?

Passengers are entitled to claim compensation for delays up to 6 years (Scottish citizens: 5 years) after the incident. It’s advisable to lodge your claim as soon as possible, ideally right after the disruption occurs.

Prerequisites

• You must have checked in on time (typically 45 minutes before departure).
• The airline must be responsible for the disruption (e.g., technical issues or crew illness).
• Your flight must have either:
  • Departed from an EU airport (any airline), or
  • Arrived at an EU airport (EU-based airlines).
• You must hold a valid ticket and booking confirmation.
• The type of booking, whether a single ticket, business trip, or package holiday, does not affect your right to compensation.

Tips to Avoid Issues with Airlines

• Get Informed: Before flying, familiarise yourself with passenger rights. This includes the EU Passenger Rights Regulation, which covers claims for delays or cancellations.
• Keep All Receipts: Save all receipts and invoices if you incur additional expenses due to delays or cancellations. This is crucial for future reimbursement.
• Assert Your Rights: Demand appropriate measures from the airline for extraordinary circumstances and be proactive if these are not immediately offered.

Conclusion and Practical Tips

In cases of cancellations, delays, overbooking, and missed connections, passengers have rights under the EU Passenger Rights Regulation. Here’s a summary:

1. Right to Compensation: If your flight is delayed by at least three hours at the destination airport, you can claim financial compensation depending on the flight distance.
2. Reimbursement for Significant Delays: If the delay exceeds five hours, you have the right to withdraw from the flight and request a full ticket refund.
3. Refund Timeframe: The airline is obliged to refund the ticket price within seven days if the flight is cancelled or significantly delayed.
4. Connecting Flights: If you miss a connecting flight due to a delay, your compensation rights depend on when you arrive at your final destination.
5. No Age Limit: Compensation claims apply to all ticket holders, including infants.

Recent flight delays

Are you currently affected by a flight delay and strike or bad weather conditions are not the cause? Find your delayed flight in our table, check your entitlement for compensation in our claimcheck and let Flightright enforce your claim for you.

Passengers are protected by EU law

In the event of cancellation, delay, overbooking and missed connecting flights, passengers are entitled to compensation according to the EU Passenger Rights Regulation.