Air Passenger Rights

EC 261 was created in 2004 to protect air passenger rights when air travel takes an unexpected turn. As long as the disruption was not caused by extraordinary circumstances, outside of the airline’s control, you are eligible to receive up to $700 compensation for your inconvenience. The Flight Compensation Regulation 261/2004 states that an airline is obligated to pay if your flight was delayed over 3 hours, canceled or you were denied boarding from overbooking. This European law applies to air passengers from all over the world, you don’t need to reside in Europe to receive flight reimbursement. Travelers departing from a European airport or flying into Europe from other worldwide destinations while using airline based in EU are protected by EC 261/2004. You can find the full version of the regulation here:

EU Passenger Rights Regulation applies to most flights within Europe, but it is not limited to. Many international flights are covered as well. Compensation applicability depends on many different factors: departure location, arrival location, and airline’s origin.

Countries that are considered as the EU territory by EC 261 Regulation: all 28 member states of the European Union, as well as, Iceland, Norway, Switzerland, French Guiana and Martinique, Mayotte, Guadeloupe and La Réunion, Saint-Martin, Madeira and the Azores, and the Canary Islands.

By the regulation, air passengers who are traveling using low-cost flights and charter flights are also eligible for reimbursement in case of flight disruptions.

It is worth to know the rules if you are considering filing a claim. Remember that Flight Defender is here to help you defend your rights. The easiest and sure way to check if you are owed compensation is to use our flight compensation calculator.

Several situations can affect your flight which are impossible for the airline to prevent. Under these circumstances, the airlines cannot be held responsible for the flight disruption and the flight is not eligible for the compensation.

EC 261 states that airlines are not required to pay compensation if the flight delay or cancellation was caused by ‘extraordinary circumstances’ which are events outside of their control. The meaning of extraordinary circumstances in EU Regulation 261/2004 is broadly defined and describes any set of conditions or events that prevent a flight from departing on time, despite the airline having taken all reasonable measures to avoid the disruption.

If the delay or cancellation was a result of one of the following, your flight is not covered by EC 261:

Airlines often use “extraordinary circumstances” as an excuse to avoid paying compensation, even if it wasn’t the case. It is hard for passengers affected by delayed, canceled or overbooked flight to prove the opposite. Our experts are up to date with the law and will defend your passenger rights, even if your case needs to be taken to the court.

If your flight was delayed, canceled or you were denied boarding, you might be entitled to a compensation of up to $700. In addition to your right to reimbursement, EU Regulation 261/2004 includes other rights that you are eligible for in case your flight didn’t go as planned. The airline must provide the following:

Right to Reimbursement or Re-routing

For the passengers who have been denied boarding, whose flight has been canceled or delayed for more than 5 hours, an airline should offer a choice between:

• A full refund of the cost of the ticket at the price at which it was bought and a return flight to the first point of departure, if a passenger does not wish to continue a journey,
• Re-routing to their final destination at the earliest opportunity.

Right to Care

If your flight is delayed, canceled or overbooked and you don’t have another choice but to wait an unreasonable amount of time for the airline to get your flight back on track, Regulation EC 261/2004 requires airlines to take care of you during this time by providing free of charge:

• Meals and refreshments,
• Accommodation in a hotel if an overnight stay becomes necessary,
• Transport between the airport and the place of your stay,
• Two telephone calls, telex or fax messages, or e-mails.

Airlines are obligated to provide you with these services even if the disruption is caused by extraordinary circumstances.

In case of flight delays, the eligibility to right to care varies depending on your flight details and the length of the delay.

Upgrading and Downgrading

When air passengers are offered an alternative flight and an airline places them in a class higher than that for which the tickets were purchased, the airline can’t request any extra payment. If an air carrier places a passenger in a class lower than that for which the ticket was purchased, the airline must refund from 30% to 75% of the cost of the ticket. The amount of reimbursement depends on flight details. You can learn more about EC 261/2004 Regulation and your air passenger rights here.

Obligation to Inform Passengers About Their Rights

An airline is obligated by law to display information for passengers at check-in counters about their rights regarding the compensation and assistance in case of denied boarding, flight cancellation or long flight delay. Furthermore, the airline should provide each passenger affected by a flight disruption with a written notice explaining their rights under EC 261/2004 Regulation.

Ready to claim your $700 now?

It takes less than 3 minutes!