UK Regulation 261

What are the rights of passengers according to Regulation UK 261?

1. Right to financial compensation:
   • Flight Delay: If the flight arrives at the final destination with a delay of 3 hours or more, passengers may be entitled to compensation ranging from £220 to £520, depending on the flight distance.
   • Flight Cancellation: If the flight is canceled and passengers were not informed at least 14 days in advance, they may be entitled to compensation similar to that for delays.
   • Denied Boarding: If passengers are denied boarding due to overbooking or other reasons attributable to the airline, they are entitled to compensation.
2. Right to Assistance:
   • - In case of a prolonged delay (2 hours or more, depending on the flight distance), cancellation or denied boarding, passengers are entitled to meals and drinks, two phone calls, emails or faxes, and, if necessary, accommodation in a hotel and transport between the airport and the accommodation.
3. Right to a Refund or an Alternative Flight:
   • - If the flight is canceled or the passenger is denied boarding, they are entitled to choose between a refund of the ticket (full or for the part of the journey not completed) or an alternative flight to the final destination.
4. Right to Information:
   • -Airlines must inform passengers of their rights in case of delay, cancellation, or denied boarding.
5. Exclusions from Compensation:
   • - Airlines are not required to provide compensation in case of extraordinary circumstances, such as adverse weather conditions, political instability, security risks, airport staff strikes, or air traffic control strikes.
6. Exceptional Circumstances:
   • - Airlines are not required to pay compensation for disruptions caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

These rights apply to flights departing from an airport in the United Kingdom and to flights operated by a United Kingdom airline arriving in the United Kingdom from a third country.

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What is the difference between UK Regulation 261 and EC Regulation 261/2004?

The UK Regulation 261, adopted by Great Britain after Brexit, is very similar to the EU Regulation EC 261/2004, but there are some key differences and specific aspects to consider. Here are the main differences between the two regulations:

1. Scope of Application:
   • Regulation EC 261/2004: Applies to flights departing from an airport located in a Member State of the EU and to flights operated by an EU airline arriving at an EU airport from a third country.
   • Regulation UK 261: Applies to flights departing from an airport in Great Britain and to flights operated by a Great Britain airline arriving in Great Britain from a third country.
2. Supervisory Authority:
   • Regulation EC 261/2004: Surveillance and enforcement of the regulation are managed by the national authorities of each EU member state.
   • UK Regulation 261: The Civil Aviation Authority (CAA) of Great Britain is the authority responsible for surveillance and enforcement of the regulation in Great Britain.
3. Airlines Involved:
   • Regulation EC 261/2004: Covers all airlines operating flights departing from the EU, regardless of the airline's nationality.
   • Regulation UK 261: Covers all airlines operating flights departing from Great Britain and airlines from Great Britain operating flights arriving in Great Britain.
4. Legal Jurisdiction:
   • - Regulation EC 261/2004: Disputes may be brought before the courts of the EU Member States.
   • - UK Regulation 261: Disputes must be resolved according to the laws and courts of Great Britain.
5. Evolution of the Regulation::
   • - Regulation EC 261/2004: As part of EU legislation, it may be subject to changes and updates by European institutions.
   • - UK Regulation 261: After Brexit, the UK can independently amend its own regulations without needing to follow changes made by the EU.
6. Claim Procedures:
   li>- Regulation EC 261/2004: Passengers may lodge complaints with the competent national authorities in EU Member States.
   • - UK Regulation 261: Passengers must lodge complaints with the Civil Aviation Authority (CAA) or utilize available dispute resolution mechanisms in Great Britain.

In essence, while the fundamental rights of air passengers remain essentially the same, the main differences concern the scope of application, supervisory authority, legal jurisdiction, and the possibility of independent amendments to the legislation in Great Britain.

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