Regulation EC 261/2004 air passenger rights
Many air passengers are unaware of their rights under EC Regulation 261/2004. This can lead to situations of frustration and inconvenience when a flight is cancelled, delayed or overbooked.
Let's imagine that you are leaving for your summer holiday and your flight is cancelled at the last minute. Not only have you missed your flight, but you are also stuck at the airport without any information on how to get a refund or how to find an alternative flight. How do you get compensation?
This is where Regulation EC 261/2004 on air passenger rights comes in. This regulation establishes the rights of passengers in the event of flight cancellation, flight delay or overbooking.
For example, if your flight is cancelled, you are entitled to a refund or an alternative flight, as well as a cash compensation. If your flight is significantly delayed, you are entitled to free food, drinks, telephone calls and, in some cases, accommodation.
It is important to be aware of your rights as an air passenger so that you can assert them if necessary.
EC 261/2004 Regulation was adopted by the European Union to ensure that the rights of air passengers are protected in the event of:
In such cases, passengers are entitled to compensation, which can be claimed in the form of money or vouchers for future travels.
Here are some situations in which it is possible to submit a claim for compensation under EC Regulation 261/2004:
In addition, they are entitled to be re-routed on a flight to their final destination as soon as possible or to receive a refund of their ticket and return to their original point of departure, depending on the passenger's choice.
However, passengers are entitled to compensation as follows:
Easyjet
Lufthansa
Ryanair
Wizzair
Volotea
Vueling
If you have been affected by a cancellation, overbooking or delayed departure with one of these airlines, you can file a claim to obtain a compensation according to EC Regulation 261/2004. Compensation may be claimed as money or vouchers for future travels. However, there are some exceptions where the airline is not obliged to pay compensation, such as in the event of adverse weather conditions or strike. In these cases, compensation will not be paid. The Regulation applies to all airlines operating scheduled or charter flights to or from an EU airport. Furthermore, the Regulation also applies to airlines operating scheduled or charter flights to or from an airport outside the European Union, but only if the airline is from an EU country or if the ticket was issued in an EU country. In summary, EC Regulation 261/2004 applies to airlines operating flights to or from an EU airport.
The limits of compensation are as follows:
We handle the paperwork to obtain compensation from airlines in the event of flight delays or cancellations.
To submit your request, you simply have to provide some essential information, such as the flight number, the airline and the circumstances of the delay or cancellation.
We will then take care of all the necessary procedures to obtain compensation under EC Regulation 261/2004.
First of all, you will need to provide the flight number, the date of the flight and the airline involved. In addition, you will need to provide personal information, such as your name and address.
It may also be necessary to provide proof of the flight booking, e.g. a receipt or booking confirmation as well as a copy of the personal identity document.
If you claim compensation for assistance, such as meals or accommodation during the delay, you will also need to provide evidence of these expenses, such as receipts or invoices.
Finally, it may be necessary to provide information on the length of the delay and the distance of the flight to determine the right to compensation.
Please note that the term may change depending on the legislation of each European country, in which case you should check where the airline is based.
For example for Spanish companies like Vueling or Volotea the maximum limit is 5 years.
For British and Irish companies like easyJet or Ryanair the maximum limit is 6 years. For the Portuguese TAP it is 3 years.
However, if the delay or cancellation was caused by exceptional circumstances beyond the airline's control, such as bad weather, you may not be entitled to compensation under the Regulation.
In this case, the airline could be exempted from the obligation to pay compensation.
EC Regulation 261/2004 states that passengers are entitled to certain rights in the event of cancellation, overbooking, delay or denied boarding of a flight.
However, these rights do not apply in the case of exceptional circumstances, which are defined as "events that could not have been avoided even if all appropriate measures had been taken".
Strikes by air traffic controllers are considered exceptional circumstances and, therefore, airlines are not obliged to provide compensation under EC Regulation 261/2004 in the event of delays or cancellations due to these circumstances.
The reason you can get it in this case is that the regulation states that passengers are entitled to compensation in the event of delays or cancellations due to circumstances within the airline's control.
Airline staff strikes fall into this category, as they are events that can be foreseen and that the airline can adequately handle.
The regulation states that passengers are entitled to specific rights in the event of cancellation, overbooking, delay or denied boarding of a flight.
If the delay is more than two hours for short-haul flights, three hours for medium-haul flights and four hours for long-haul flights, passengers are entitled to assistance, such as meals and refreshments, phone calls and messages and, if necessary, accommodation.
However, the right to compensation depends on the duration of the final flight delay and the distance of the flight.
Firstly, you can file a claim with the competent authority, such as the Civil Aviation Authority or the European Aviation Safety Agency.
Furthermore, you can fill out the online claim request rely on our lawyers specialising in air passenger law for assistance and advice on how to proceed.
- overbooking
- cancelled flight
- extended flight delay
- In which cases it is possible to claim compensation under EC Regulation 261/2004
- What are the air passengers' rights in the case of delay, cancellation and overbooking?
- Which airlines must comply with EC Regulation 261/2004
- What is the maximum limit of compensation provided for?
- What are the conditions for claiming compensation?
- How to submit a claim under EC Regulation 261/2004
- What information do I have to provide to file a compensation claim?
- What is the maximum time limit within which I can submit a compensation claim?
- Can I get compensation if my flight was cancelled or delayed due to bad weather?
- Can I obtain compensation under EC Regulation 261/2004 if my flight has been delayed or cancelled due to an air traffic controller strike?
- Can I get compensation if my flight was delayed or cancelled due to an airline staff strike?
- Can I get a refund for meals and accommodation during a flight delay?
- What action can I take if the airline refuses to pay compensation according to EC Regulation 261/2004?
In which cases it is possible to claim compensation under EC Regulation 261/2004
EC Regulation 261/2004 sets out the rights of passengers in the event of cancellation, overbooking, delayed or denied flight departure.In such cases, passengers are entitled to compensation, which can be claimed in the form of money or vouchers for future travels.
Here are some situations in which it is possible to submit a claim for compensation under EC Regulation 261/2004:
- Flight cancellation less than 2 weeks in advance
- Departure delayed by at least 3 hours from the scheduled time
- Denied boarding (overbooking)
What are the air passengers' rights in the case of delay, cancellation and overbooking?
In case of long delays, cancellations and overbooking, passengers are entitled to immediate assistance from the airline, such as food and drink, free phone calls or messages, and overnight accommodation in case of need.In addition, they are entitled to be re-routed on a flight to their final destination as soon as possible or to receive a refund of their ticket and return to their original point of departure, depending on the passenger's choice.
However, passengers are entitled to compensation as follows:
- 250€ for flights less than 1.500 km,
- 400€ for flights from 1.500 km to 3.500 km,
- 600€ for flights over 3.500 km.
Which airlines must comply with EC Regulation 261/2004
All airlines operating flights departing from or arriving in the European Union are obliged to comply with this regulation and offer compensation in the event of cancellation, overbooking or delayed departure. Here are some airlines that must comply with EC Regulation 261/2004:Easyjet
Lufthansa
Ryanair
Wizzair
Volotea
Vueling
If you have been affected by a cancellation, overbooking or delayed departure with one of these airlines, you can file a claim to obtain a compensation according to EC Regulation 261/2004. Compensation may be claimed as money or vouchers for future travels. However, there are some exceptions where the airline is not obliged to pay compensation, such as in the event of adverse weather conditions or strike. In these cases, compensation will not be paid. The Regulation applies to all airlines operating scheduled or charter flights to or from an EU airport. Furthermore, the Regulation also applies to airlines operating scheduled or charter flights to or from an airport outside the European Union, but only if the airline is from an EU country or if the ticket was issued in an EU country. In summary, EC Regulation 261/2004 applies to airlines operating flights to or from an EU airport.
What is the maximum limit of compensation provided for?
The EC Regulation 261/2004 establishes the maximum compensation limit for passengers in the event of cancellation, overbooking, delayed or denied departure of a flight. In detail, the passenger is entitled to a cash compensation that changes depending on the distance of the flight.The limits of compensation are as follows:
- 250€ for flights less than 1.500 km,
- 400€ for flights from 1.500 km to 3.500 km,
- 600€ for flights over 3.500 km.
What are the conditions for claiming compensation?
These are the main conditions laid in the Regulation:- The passenger must have a valid ticket for the flight.
- The airline must be responsible for the cancellation, overbooking or delay. For example, compensation will not be due in the event of adverse weather conditions or strike.
- The passenger must submit a written claim to the airline within 2 years of the cancellation or delay.
- The passenger must have complied with the boarding and travel rules of the airline.
How to submit a claim under EC Regulation 261/2004
If you want to file a claim under EC Regulation 261/2004, you can proceed through the online claim form.We handle the paperwork to obtain compensation from airlines in the event of flight delays or cancellations.
To submit your request, you simply have to provide some essential information, such as the flight number, the airline and the circumstances of the delay or cancellation.
We will then take care of all the necessary procedures to obtain compensation under EC Regulation 261/2004.
What information do I have to provide to file a compensation claim?
To file a claim under EC Regulation 261/2004, you should provide some specific information.First of all, you will need to provide the flight number, the date of the flight and the airline involved. In addition, you will need to provide personal information, such as your name and address.
It may also be necessary to provide proof of the flight booking, e.g. a receipt or booking confirmation as well as a copy of the personal identity document.
If you claim compensation for assistance, such as meals or accommodation during the delay, you will also need to provide evidence of these expenses, such as receipts or invoices.
Finally, it may be necessary to provide information on the length of the delay and the distance of the flight to determine the right to compensation.
What is the maximum time limit within which I can submit a compensation claim?
The maximum period within which a claim can be presented under the Regulation is generally two years from the date on which the final destination provided in the ticket was reached.Please note that the term may change depending on the legislation of each European country, in which case you should check where the airline is based.
For example for Spanish companies like Vueling or Volotea the maximum limit is 5 years.
For British and Irish companies like easyJet or Ryanair the maximum limit is 6 years. For the Portuguese TAP it is 3 years.
Can I get compensation if my flight was cancelled or delayed due to bad weather?
The Regulation establishes the right to compensation for passengers whose flights are cancelled or delayed for at least three hours beyond their scheduled arrival time.However, if the delay or cancellation was caused by exceptional circumstances beyond the airline's control, such as bad weather, you may not be entitled to compensation under the Regulation.
In this case, the airline could be exempted from the obligation to pay compensation.
Can I obtain compensation under EC Regulation 261/2004 if my flight has been delayed or cancelled due to an air traffic controller strike?
It is not possible to obtain compensation under EC Regulation 261/2004 if the delay or cancellation of the flight was caused by an air traffic controllers' strike.EC Regulation 261/2004 states that passengers are entitled to certain rights in the event of cancellation, overbooking, delay or denied boarding of a flight.
However, these rights do not apply in the case of exceptional circumstances, which are defined as "events that could not have been avoided even if all appropriate measures had been taken".
Strikes by air traffic controllers are considered exceptional circumstances and, therefore, airlines are not obliged to provide compensation under EC Regulation 261/2004 in the event of delays or cancellations due to these circumstances.
Can I get compensation if my flight was delayed or cancelled due to an airline staff strike?
Yes, in the case of a flight delay or cancellation due to an airline staff strike, it is possible to obtain compensation according to EC Regulation 261/2004.The reason you can get it in this case is that the regulation states that passengers are entitled to compensation in the event of delays or cancellations due to circumstances within the airline's control.
Airline staff strikes fall into this category, as they are events that can be foreseen and that the airline can adequately handle.
Can I get a refund for meals and accommodation during a flight delay?
Yes, it is possible to obtain compensation under EC Regulation 261/2004 for meals and accommodation during a flight delay.The regulation states that passengers are entitled to specific rights in the event of cancellation, overbooking, delay or denied boarding of a flight.
If the delay is more than two hours for short-haul flights, three hours for medium-haul flights and four hours for long-haul flights, passengers are entitled to assistance, such as meals and refreshments, phone calls and messages and, if necessary, accommodation.
However, the right to compensation depends on the duration of the final flight delay and the distance of the flight.
What action can I take if the airline refuses to pay compensation according to EC Regulation 261/2004?
If the airline refuses to pay compensation under EC Regulation 261/2004, there are several actions you can take.Firstly, you can file a claim with the competent authority, such as the Civil Aviation Authority or the European Aviation Safety Agency.
Furthermore, you can fill out the online claim request rely on our lawyers specialising in air passenger law for assistance and advice on how to proceed.
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