About

About EU261

EU 261 is a regulation introduced by the European Parliament in 2004. The purpose of this regulation was to ensure that passengers are compensated when they have been denied boarding or if they experience delays. This regulation also serves to protect passengers who have been affected by cancellations or long delays caused by an airline's negligence. This regulation is part of the European Commission's overall strategy to improve the efficiency of the air travel industry.

EU 261 2004 remains valid if your flight originates from an EU airport or is operated by an EU carrier.

Airlines are required to provide compensation if these conditions are met:

• There was a delay of more than two hours or a flight cancellation.
• The passenger has to be rerouted to another airline
• The passenger has been denied boarding due to overbooking or insufficient cabin crew resources.

The EU 261 addresses the following issues:

1. It aims to help passengers affected by delays, cancellations, or overbooking.
2. It covers compensation of up to 600 euros for each passenger, depending on the circumstances.
3. It also provides access to various services for passengers whose flights have been delayed for several hours.
4. If a flight has been canceled or delayed more than five hours, passengers can request to sit on another plane or withdraw from the original reservation.
5. It requires airlines to provide their passengers with information about delays and cancellations.

Other Passenger Rights, as Mentioned in EU 261

Aside from compensation, EU airlines have a responsibility to:

1. Inform passengers of their rights according to EU 261
   According to EU261, air carriers must offer customers written information on their rights in case of flight cancellations or delays on a document that may be produced at the check-in counter. In addition to giving passengers printed information regarding their rights, airlines must also inform them of the compensation and help available.
2. Refund passengers or book them another flight.
   Airline companies are obligated, in addition to providing the standard form of compensation, to either issue refunds or make alternative transportation arrangements if an incident occurs during a flight.
3. Provide care and support.
   If a flight is delayed, it is the responsibility of the airline to offer passengers complimentary food and beverages based on the following criteria:

Flight cancellations entitle passengers to refunds or alternate flights. The airline must transport you to and from your accommodation if the alternative flight is unavailable the following day. Upgraded flights do not qualify for further compensation. The passenger is entitled to a 30%–70% reimbursement if the flight is downgraded.

Coverage of EU 261

This regulation covers all flights within the European Union. It applies to services provided by an airline within the EU and other flights sold on a route crossing an EU country.

EU 261 protects passengers who book within the EU and travel with a valid ticket or confirmation number. It also covers passengers whose flights originate or end at an airport in the EU, regardless of whether the carrier is based in the EU.

Furthermore, this rule also applies to flights from Norway and Switzerland, which are not EU members.

Please refer to the following table:

Example:

• From Lisbon to Amsterdam, regardless of what carrier is eligible.
• From Frankfurt to Los Angeles via Delta Airlines is eligible because it is flying out of an EU country.
• From Vancouver to Berlin via Lufthansa Airlines is eligible because it uses an EU carrier.
• From New York to Paris via United Airlines is not eligible because it departs from a non-EU country and uses a non-EU carrier.
• From Jakarta to Kuala Lumpur via KLM is only eligible if it is an EU carrier because it departs and arrives in Non-EU countries.

Compensation

Compensation of €250 will be given if a flight is delayed by less than three hours and the distance to your final destination is less than 1,500 kilometers.

Flights between 1,500 and 3,500 kilometers in length are covered by a €400 compensation policy for delayed passengers.

Passengers are eligible for a €600 compensation payout if their aircraft is delayed for more than three hours and the total distance traveled is more than 3,500 kilometers.

Aside from monetary compensation, airlines must offer specific services to passengers affected by a delayed or canceled flight.

If your flight is delayed over two hours or canceled, you should be offered free drinks and food. You should also be allowed to make two phone calls and send two emails or faxes. These rights apply for a short distance trip of up to 1500 km, a medium distance trip of between 1500 km and 3500 km, and a long haul trip of over 3500 km.

Cash, electronic bank transfer, or a bank draft or check may be used to issue the refunds and compensations mandated by this rule. In addition to this, passengers have the option of receiving their payments in the form of travel vouchers and other services.

Exceptions (Exceptional Circumstances)

The law does not allow passengers to claim compensation if the flight was canceled or delayed due to circumstances beyond the airlines’ control..

A passenger's right to file a claim for compensation with an airline is waived in the event of an "exceptional circumstance," which is defined as a condition that could not have been prevented even if the airline company had taken the appropriate procedures.

For airlines, "exceptional circumstances" are entirely unforeseen and unavoidable events. Several factors, including terrorism, sabotage, political unrest, natural disasters, and faulty production, might lead to this issue. Military acts that disrupt air traffic control, airport security problems, and defective machinery are all instances.

Many airlines, unfortunately, need to be more specific about the details of extraordinary events beyond their control. To stay on the legal side of the law, they need to share specifics with local authorities and passengers.