EC Regulation 261/2004
EC Regulation 261/2001 is an EU regulation. It protects passengers who’ve suffered a flight delay, cancellation or been denied boarding due to overbooking. Under this legislation, if eligible, an airline can pay up to $700 in compensation.
EU Passenger Rights - What is EC261?
When it comes to EU Passenger Rights, EC 261/2004 is a regulation in European Union law that favors the passenger. It holds airlines financially accountable when air travel takes an unexpected turn, so long as the disruption was not caused by circumstances outside of the airline’s control.
In comparison to other laws on passenger rights, EC 261 is one of the most comprehensive. This important piece of legislation plays a vital role in advocating for air travelers and passenger rights, and not only for European travelers. All passengers departing from a European airport are covered under EC 261. And in some circumstances, passengers flying into Europe from other worldwide destinations may be covered as well.
EC261 Compensation for Disrupted Flights
Travelers often do not understand that in many instances, airlines are legally and financially responsible for flight issues, not the passenger.
Depending on your flight, flight scenario, and ultimate destination, understanding passenger rights and filing for EU airline compensation can mean up to $700 per person in reimbursements.
To make an EU 261 claim, AirHelp can assist with our staff of legal experts to iron out the finer details and legal jargon.
Just select what happened on your disrupted flight:
The amount of compensation passengers are entitled to depends on a lot of factors including the distance traveled and the amount of time you are delayed reaching your final destination.
EU Airline Compensation – Which Flights are Covered by EC261?
When it comes to EC regulation 261 2004 compensation, it’s beneficial to know which flights are covered by the legislation. Most routes within Europe are covered. This includes not only EU airspace, but also Iceland, Norway, Switzerland and the so-called “outermost regions” (French Guiana and Martinique, Mayotte, Guadeloupe and La Réunion, Saint-Martin, Madeira and the Azores, and the Canary Islands).
Many international flights are covered, as well. If your flight departs from an airport in the EU, it’s covered. If your flight departs from elsewhere but your destination is in the EU, coverage depends on the airline ⎯ if it’s a European carrier, you’re covered.
If you’re confused, here’s a simple chart to help:
|Itinerary||EU air carrier||Non-EU air carrier|
|From inside the EU to inside the EU||Covered||Covered|
|From inside the EU to outside the EU||Covered||Covered|
|From outside the EU to inside the EU||Covered||Not Covered|
|From outside the EU to outside the EU||Not covered||Not covered|
In some cases, disrupted flights outside the EU may be eligible under EC261 if they connect to a covered flight that is with the same carrier and part of the same flight reservation (under one booking reference number). The easiest way to find out if you’re covered is to use the AirHelp eligibility check.
Know Your Rights EU Flights
What’s not Covered: Extraordinary Circumstances
When it comes to knowing your rights on EU flights. It’s also important to be aware of situations where the airline is not responsible for flight issues that arise.
EC261 says that airlines do not have to pay compensation if the disruption was caused by ‘extraordinary circumstances’ which are events outside of their control. For example, you will not be eligible for compensation if your delay was a result of one of the following:
|Strikes initiated by airport employees or air traffic control|
However, airlines must still show that they have taken reasonable measures to prevent the delay. For example, bad weather may be considered an extraordinary circumstance. However, if other airlines were prepared for it and prevented delays, whilst yours didn’t, you should still be entitled to compensation.
In the years since EC261 was introduced numerous court cases have been contested over what counts as an ‘extraordinary circumstance’. Our legal experts keep up to date with these latest developments. We were particularly pleased with the 2018 ruling by the European Courts of Justice that airline staff strikes cannot be considered an extraordinary circumstance. That means that thousands of passengers who have been affected by airline staff strike action will now be eligible for compensation.
Your Rights Under EC 261
In addition to EU airline compensation which is monetary, EC 261 includes other rights relating to your treatment. Here are some of the highlights:
Obligation to inform passengers of their rights
Your first basic right is to be informed about the content of EC 261. Every airline has to display information on passengers’ rights at their check-in counters in every airport where they operate. If our breakdown of the legalese is still not enough, you can read the actual text of EC 261, as well.
Right to reimbursement or re-routing
In addition to compensation for your loss of time, if your delay exceeds five hours, you are entitled to a full or partial refund of your original ticket and a return flight to your point of departure, if needed.
Right to care
When a flight disruption occurs and you’re stuck waiting for the airline to get you back on track toward your destination, you’re entitled to a number of essentials, depending on your flight details.
The carrier must provide you with:
Meals and refreshments during the delay
Access to communications, including two telephone calls, telex or fax messages, and emails
If overnight accommodations are necessary, they must provide you with a hotel room and transportation to and from the airport
The following chart explains when passengers become eligible for these rights:
|Flight details||All flights 1,500km or less||Internal EU flights over 1,500 km||Non-internal EU flights between 1,500 km and 3,500 km||Non-internal EU flights over 3,500 km|
|Length of the delay||2 hours or more||3 hours or more||3 hours or more||4 hours or more|
Upgrading and downgrading
If you are offered an alternative flight and placed in a higher class than the one you booked, the air carrier cannot charge you any additional payment. On the other hand, if the class of the alternative flight is lower, you can get a reimbursement between 30% and 75% of the price you originally paid.
Your right to compensation under EC 261 does not affect your right to request further compensation. This rule does not apply in cases where passengers have voluntarily surrendered their reservations. Of course, the amount you are entitled to under EC 261 may be deducted from whatever additional compensation you receive.
EU 261 Claim – Is There a Time Limit to File a Claim?
Your right to compensation under EC Regulation 261 2004 does eventually expire, but the time limit varies from one country to the next.
You should note that the country you claim in is not decided by your nationality, but is determined by where the headquarters of the airline is, or what court has jurisdiction in cases concerning the airline.
As always, we have a handy chart for you:
|Country||Austria||Belgium||Bulgaria||Croatia||Cyprus||Czech Republic||Denmark||Estonia||Finland||France||Germany*||Greece||Hungary||Iceland||Ireland||Italy||Latvia||Lithuania||Luxembourg||Malta||Netherlands||Norway||Poland||Portugal||Romania||Slovakia||Slovenia||Spain||Sweden**||Switzerland||United Kingdom|
|Limitation Period||3 years||1 year||5 years||3 years||6 years||3 years||3 years||3 years||3 years||5 years||3 years||5 years||5 years||2 years||6 years||26 months||10 months||10 years||10 years||No limit||2 years||3 years||1 year||3 years||3 years||2 years||2 years||5 years||3 years||2 years||6 years|
* For Germany, the limitation period expires the last day of the third year (for example, the limitation period for a flight on 25/2/2016 expires on 31/12/2019).
** For Sweden, the limitation period is renewed any time a claim is made. So the limitation period for any subsequent claims would be three years from the time the last claim was filed.
How to Make Your EU261 Claim
Once you’ve established that you’re eligible to make an EU261 claim from an airline, the next step is to go through the process of trying to get it.
Did you know that only 55% of all passengers worldwide make a claim, even when they know they are entitled to it?
Many travelers tend to be daunted by the thought of a complicated and drawn-out legal process. This fear often leads to them not trying to seek out the compensation they deserve for their flight inconvenience.
That’s what AirHelp is for. We take the burden from you and simplify the process. All you need to do is enter your flight details in our easy-to-use compensation checker and we’ll take care of the rest.
Find out if you’re eligible for compensation today.
Why Choose AirHelp for Your EU 261 Claim?
AirHelp is who you should turn to, to make your EU 261 claim when you’ve suffered your travel has gone awry.
We are the leading provider in the flight compensation industry and are committed to enforcing air passenger rights. To date, we’ve helped more than 16 million passengers who’ve suffered a flight mishap, get up to €600 in compensation.