The introduction of Air Passenger Rights for European travelers
Millions of air passengers travel each year, but many fail to realize that there are air passenger rights to protect them while they are in transit. That’s why AirHelp and other institutions can explain your rights and help you claim the compensation you deserve.
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Table of Contents
Air Passenger Rights and Regulations You Should Know
While it is true that each country respects its own laws, there are some key features of regional or international laws that serve as powerful tools for air passengers. These include, but are not limited to, EU legislation, EC 261, various US laws, Brazil’s ANAC 400, and the Montreal Convention.
Furthermore, some regulations have a broader scope or prove more favorable than others. Nevertheless, it is best to remember that the circumstances of disrupted flight can vary considerably, and it is useful to know what strengths you can rely on for your trip.
“You haven’t seen a tree until you’ve seen its shadow from the sky.”
What Are Air Passenger Rights?
Air passenger rights involve specific legislation that supports travelers and advocates protection and compensation when individuals face flight disruptions.
The situation varies from country to country. In the USA there are some regulations related to situations such as overbooked flights and tarmac delays. However, passengers often find more protection under the regulations in the countries they travel to. For instance, Europe’s EC 261 laws, in particular, are comprehensive and permit passengers to compensation in a variety of situations.
The problem is that many people do not know that the law is on their side. What’s more, they don’t even know that passengers’ rights exist. In fact, 85 percent of airline passengers are unaware of their rights.
Passenger right in Europe: EC 261
What is EC 261?
EC 261/2004 is a regulation in EU law that favors the passenger. It holds airlines financially accountable when air travel takes an unexpected turn, as long as the disruption was not caused by circumstances outside of the airline’s control.
That’s why in comparison to other laws on passenger rights, EC 261 is one of the most comprehensive. More importantly, this important piece of legislation plays a vital role in defending air travelers and passenger rights, not only European travels. Namely, all passengers departing from a European airport are subject to EC 261. And under some situations, passengers travelling to Europe from other world destinations may also be covered.
EU air passenger rights apply:
- If your flight is within the EU and is operated either by an EU or a non-EU airline
- If your flight arrives in the EU from outside the EU and is operated by an EU airline
- If your flight departs from the EU to a non-EU country operated by an EU or a non-EU airline
- If you have not already received benefits (compensation, re-routing, assistance from the airline) for flight related problems in this journey under the relevant law of a non-EU country.
Travelling from the UK to an EU country
From 1 January 2021, EU rules on air passenger rights do not apply to cases of denied boarding, cancellations or delays to flights from the UK to the EU if your flight was operated by a UK carrier or other non-EU carrier, even if you booked your flight before this date. However, EU rules continue to apply from 1 January 2021 if your flight from the UK to the EU was operated by an EU carrier, unless you have already received compensation or benefits under UK law.
EU means the 27 EU countries, including Guadeloupe, French Guiana, Martinique, Réunion Island, Mayotte, Saint-Martin (French Antilles), the Azores, Madeira and the Canary Islands (but not the Faeroe Islands). EU rules also apply to flights to and from Iceland
, Norway and Switzerland.
EC 261 Compensation for Disrupted Flights
Travelers often fail to understand that, in many cases, airlines are legally and financially liable for flight issues, not the passenger.
Depending on your flight, flight scenario and final destination, understanding passenger rights and requesting EU-airline compensation can amount to up to 600 euro per person in refunds. Nevertheless, the amount of compensation for passengers depends on a lot of factors, including the distance travelled and the amount of time you are delayed to your final destination.
EU Airline Compensation – Which Flights are Covered by EC 261?
Regarding the compensation of EU airlines, it is useful to know which flights are covered by EC 261. EC 261 namely covers almost all European routes. Even more, it includes 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).
Additionally, 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 still confused, don’t worry! Just take a look at a chart below:
In some cases, disrupted flights outside the EU may be eligible under EC 261 if they connect to a covered flight that is 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.
What’s Not Covered: Extraordinary Circumstances?
EC 261 says that airlines do not have to pay compensation if the disruption was caused by ‘extraordinary circumstances’. These 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:
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.
Your rights under EC 261
In addition to the monetary compensation for EU airlines, EC 261 includes other rights relating to your treatment. Below are some highlights:
Obligation to inform passengers of their rights
Your first basic right is to be informed about the content of EC 261. Each airline must display passenger rights information at its check-in counters at each airport in which it operates.
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:
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.
Further compensation
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.
Lost, damaged or delayed luggage
Checked-in luggage
If your checked-in luggage is lost, damaged or delayed, the airline is responsible. Consequently, you’re entitled to compensation up to an amount of approximately EUR 1 300. However, if the damage was caused by an inherent defect in the baggage itself, you’re not entitled to any compensation.
Hand luggage
If your hand luggage is damaged the airline is liable if it was responsible for the damage.
Travel insurance
To ensure you have sufficient coverage when travelling with expensive items it’s advisable to take out private insurance. If you do not wish to do so, you can for a fee request a higher compensation limit (in excess of EUR 1 300) from the airline you are travelling with. This must be done in advance and at the latest when you check-in.
How to complain?
If you want to file a claim for lost or damaged luggage, you should do it in writing to the airline within 7 days, or within 21 days of receiving your luggage if it was delayed. There is no standard EU-wide form.
EU 261 Claim – Is there a time limit to file a claim?
Your right to compensation under EC 261 does eventually expire, but the time limit varies from one country to the next. Therefore, 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.
Take look at this handy chart below:
Claim your rights
If you think your rights have been violated, there are several forms of remedy you can use. However, you should always send your complaint to the airline first. You can also consult your local European Consumer Centre for help and advice on problems related to air passenger rights.
Complain to the airline
You should always send your complaint to the airline first using either the complaint form provided by the airline or the EU air passenger rights form
.
Complain to national authorities
If you don’t receive a reply from the airline within 2 months or if you are not satisfied with the reply, you can lodge a complaint with the relevant national authority in the country where the incident took place, within a reasonable timeframe. The national authority should provide you with a non-binding legal opinion on how to proceed with your claim.
Use Alternative Dispute Resolution Entities (ADR) / Online Dispute Resolution (ODR)
You can also try to resolve your dispute using out-of-court procedures or an Alternative Dispute Resolution entity (ADR). If you bought your ticket online, you can submit your complaint via the Online Dispute Resolution (ODR) platform. ADR and ODR are only available to EU residents.
Going to court
You may wish to resort to formal legal action and present a claim for compensation under EU rules using the European Small Claims procedure. For flights operated by an EU airline, you can submit your claim either at the place of arrival or departure. The same rule applies to connecting flights, which are part of a single reservation, but which may be operated by different air carriers. You may also bring the matter before the courts in the country where the airline is registered.
If the airline is not registered in an EU country, you can submit your case to the courts in the EU country where your flight arrived, departed or connected. The time limits for bringing an action against an airline in a national court are defined in accordance with national rules on the limitation of actions in each EU country.
“Man must rise above the Earth—to the top of the atmosphere and beyond—for only thus will he fully understand the world in which he lives.”
Commonly asked questions
Can I claim if the airline that I flew with is bankrupt?
If the airline you flew with has gone bust and no longer exists, there is, unfortunately, very little chance for you to get compensation. This is because passengers are usually placed last in a long line of creditors that an airline company will have to pay after going bankrupt. However, if your flight was operated by another company, you may be able to claim with them instead.
What does it mean if an airline is rescheduling my flight?
For delayed or cancelled flights, an airline may reschedule it to a different time or date from the original schedule you booked. As a passenger, you have the right to accept this new schedule or to ask for a refund instead. If you were informed about the new schedule at the last minute (e.g. less than 14 days before departure in the EU) you may be eligible for compensation on top of a refund, depending on various factors.
If I had a codeshare flight, can I get compensation?
You can get compensation if the disrupted flight meets the criteria. Usually, if you have a codeshare flight, it is the operating airline at the time of the delay or cancellation who is responsible for payout. For this reason, you can claim compensation if the connecting flights are part of the same booking and departing from the EU, or if it is an EU airline. The disruption should also qualify for compensation.
If my flight was part of a package holiday, can I claim compensation in case of a delay or cancellation?
Yes, you can claim as long as it meets the necessary criteria. Airlines are the ones responsible for compensating their passengers, so the laws apply even if the ticket was sold as part of a package holiday. Use AirHelp’s Compensation Check to see if you are eligible. But, you can also contact the airline directly.
What can I do if I have a dispute with the airline?
If you have a dispute there are several options available to you: Firstly, for compensation disputes, you can either claim directly with the airline or start a claim with AirHelp for instance. If they wrongfully reject your claim, you can check with AirHelp to see if you are eligible, as we have independent data systems separate from the airline. Lastly, for refund disputes, you can contact the European Consumer Centre (ECC Net) within your country.
Can I get a refund for my flight ticket if I paid with a credit card?
Yes. In many cases, getting a refund using your credit card is one of the easiest ways to get refunded. Simply contact your credit card provider to see what steps you need to take.
What do I do if my seat was downgraded for my replacement flight?
If your original flight was cancelled and the airline downgrades your seats for the replacement flight (e.g. Business class to economy class), you should get reimbursed between 30% to 75% of your initial ticket price. If you were upgrading instead, the airline cannot charge you extra for upgrading you. There’s more information on upgrading and downgrading rights here.
Can I claim extra costs or expenses for my flight if I experience a disruption?
You can claim compensation for a delay or cancellation if the airline is at fault. You can get up to 600 euros. The airline should also provide you with care, including accommodation as well as transport to and from the airline. If you were forced to book a hotel yourself because of the delay, then you can also ask them to reimburse you within reasonable limits — so always remember to keep your receipts!
Am I allowed to claim extra costs after a flight delay or cancelation? What can I claim for?
You can only claim for essential expenses following a flight disruption. Some examples include:
-
Food and drink
-
Hotel bookings
-
Transport tickets
You can claim extra expenses up to 2 years after your disruption.
If I have to wait several days for my delayed or canceled flight to resume, who pays for my food and accommodation?
For lengthy delays, the airline will always be required to provide you with care, which includes food and accommodation, transport to and from the airport, and access to communication.
If my flight is delayed or canceled, what happens to the hotels that I booked?
If your flight is eligible for compensation under EC 261, you could get up to 600 euros. If you had to book a hotel because of the disruption, then you can also reclaim these costs from the airline. So hold on to your receipts.
Can I get compensation if I booked a flight through an online travel agent?
Yes, it doesn’t matter where you booked your flight ticket, only whether you meet the requirements for compensation. You can claim compensation for flights that were delayed 3 hours or more, or cancelled less than 14 days before the scheduled flight. The airline must also be considered at fault for the disruption.
How long do I make a claim for compensation?
Your right to flight compensation under EC 261 does eventually expire, so it’s important to know the Statute of Limitations for your claim. You can see the exact time limits for each country here. It’s important to know several different time limits can apply to your claim, as it depends both on where you were fliying and where the airine has their HQ.
The conclusion of this Air passenger rights for European travelers post
We have prepared this post for you in order to raise an awareness. Because we know, how difficult is to find something useful on the web when you need a help. Time is always essential. So, time is money, especially when your travel cost rise to heaven, just because of the delays or flight cancellations. Therefore, in those moments it is important to find some valuable information as quickly as possible.
How about you guys. Do you have any other advices you can give us? We’re looking forward to reading about them in the comments below.
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