EU Regulation 261: What is it and what does it establish?
This regulation was issued by the European Union and is part of the Passenger Rights Charter, setting minimum quality standards for passenger protection. Enacted in 2004, it arose from the European Community's need to create common legislation among Union countries to safeguard air passengers.
It's a fundamental regulation for the protection of the rights of European passengers and beyond: all passengers flying from Europe are covered by EU Regulation 261, as well as in specific cases, those traveling to Europe from non-EU countries.
What is the amount of compensation I am entitled to under EC 261/2004?
The answer varies, there is no single case
It depends on the type of inconvenience suffered and its extent. According to EU Regulation 261/2004, passengers may receive up to £550 in compensation from the airline, in addition to a full ticket refund. Unfortunately, we are not always aware of our rights and how to enforce them. That's why Refly will assist you with your EU 261 Claim, ensuring the support of its legal experts.
Refly helps you with:
The amount of compensation depends on several factors, including the distance of the journey, the extent of the delay, and the presence or absence of "extraordinary circumstances" that prevented the airline from performing the regular service.
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EU Regulation 261/04: Which flights are covered by the regulation?
Which flights are covered by Regulation 261/2004?
Can I get compensation with any European flight, or are there exceptions?
The regulation covers most European routes. It applies not only to EU member states but also to flights to and from Switzerland, Iceland, and Norway. Passenger rights extend to territories geographically outside European borders but officially European, such as French Martinique, Guadeloupe, Reunion Island, Saint-Martin, Madeira, the Azores, and the Canary Islands
And what about international flights? Are they covered by the regulation?
If your flight departs from a European country, it is covered by the regulation.
If it departs from a non-European airport and lands in Europe, it will depend on the airline; in any case, if it's a European airline, your flight is covered by the regulation, so you could claim compensation.
The table below should help you clear up any doubts
| Itinerary |
European airline |
Non-European airline |
| From European country to European country |
Covered |
Covered |
| From a European country to a non-European country. |
Covered |
Covered |
| From a non-European country to a European country. |
Covered |
Not Covered |
| From a non-European country to another non-European country.
|
Not Covered |
Not Covered |
What are the rights established by EC261?
In addition to the right to monetary compensation, EC261 establishes a series of passenger rights in case of air travel disruptions, including:
- Right to information: Airlines must inform passengers about their rights in case of delays, cancellations, or denied boarding.
- Right to assistance: In case of prolonged delay, cancellation, or denied boarding, passengers have the right to meals and refreshments, two telephone calls, emails or faxes, and, if necessary, accommodation in a hotel and transportation between the airport and the accommodation.
- Right to refund or alternative flight: If the flight is canceled or the passenger is denied boarding, they have the right to choose between a refund of the ticket (full or for the part of the journey not made) or an alternative flight to the final destination.
When are you not entitled to compensation?
Despite Regulation EC 261/2004 offering significant protection to passengers, there are circumstances in which the airline is not obligated to provide monetary compensation. This mainly occurs in cases of:
- Exceptional circumstances: Events beyond the airline's control, such as adverse weather conditions, political instability, security risks, airport staff strikes, or air traffic control issues.
- Timely information: If the airline informs passengers of flight cancellation at least 14 days before the scheduled departure, no compensation is required.
- Alternative flight offer: If the airline offers an alternative flight with similar timings to the original flight, compensation may not be due.
EU 261 04: What are the exceptional circumstances that might prevent me from claiming compensation?
There are cases of delays and cancellations of flights for which, according to Regulation EC 261/2004, airlines are not obligated to provide monetary compensation.
We are talking about the inconveniences caused by the so-called exceptional circumstances. Exceptional circumstances are events beyond the control of airlines for which they cannot be held responsible.
Here are some examples of circostanze eccezionali:
- Airport staff strikes
- Political issues jeopardizing passenger safety
- Weather-related flight delays (most common)
However, the airline must be able to demonstrate that it has done everything possible to ensure the service and prevent flight delays. Since 2004, when EC261 was introduced, there have been many cases where passengers have challenged the justification of extraordinary circumstances claimed by the airline. Additionally, since 2018, the European Court has ruled that airline staff strikes do not qualify as extraordinary circumstances. This change has been another major victory for passengers!
How to claim compensation under Regulation EC 261/2004?
To claim compensation, passengers must file a complaint with the airline. This can be done directly or through assistance services like Refly, which provides legal support and manages compensation claims. It's important to keep all travel documents, such as tickets and boarding passes, and gather evidence of the inconvenience experienced, such as photos or testimonies from other passengers.
Consider that only 55% of passengers file a complaint with the airline to claim compensation, often due to the difficulty in navigating the process alone.
This is why you should turn to Refly to simplify the process as much as possible. All you have to do is click the button below to check if you're eligible for compensation; and remember: if we don't win, you owe us nothing!
