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The European Parliament and the European Council have released air passenger rights for the air passengers under EU 261/2004, where airlines are liable to pay compensation or offer care services to the passengers in case of flight disruption.
The regulation is applicable to all the flights that departs from the EU, as well as arrive in the EU provided the operating airline is EU-based carrier. Note: EU261/2004 is also subject to restrictions in these regions – Iceland, Norway, and Switzerland.
Severe weather
Strikes
Radar failure
Passengers are entitled to compensation whenever time irregularities are caused by circumstances that are the responsibility of the airline. If there are “Extraordinary Circumstances” outside of the airline’s control, the obligations of the airline are restricted.
The airline must provide the following under EU Regulation 261/2004
Replacement ServicesIn case your flight gets disrupted, the airline either provide you full refund or an alternative flight at the earliest. This applies if a passenger has been denied to board or the flight has been cancelled. If the flight gets delayed more than 5 hours, passengers can choose not to fly and claim for flight compensation.
Care ServicesFlight Delay? The airline is obliged to offer you drinks, snacks and telecommunication services. If it is an overnight delay, you will also get hotel accommodation.
CompensationIn the cases of denied boarding, flight delay more than 3 hours, and flight cancellation, you are entitled to get compensation up to 600 euros. The amount depends on the flight distance and duration of delay.
What are the cases covered by EU Passenger Rights Regulation?
In principle, there are 3 different cases covered by the Passenger Rights Regulation:
Flight delays
Flight cancellations
Overbookings
Although the EU Passenger Rights Regulation differentiates these three cases, certain provisions apply regardless of whether your journey is affected by a flight delay, a flight cancellation or an overbooking.
Flight distances up to 1500km:
Flight distances over 1500km:
Flight distances up to 1500km:
Flight distances between 1500km-3500km:
Flight distances over 3500km:
Passengers are entitled to food and drink in proportion to the waiting period.
You are entitled to up to two phone calls, e-mails or faxes at the expense of the airline.
If the waiting time requires an overnight stay, the airline must pay for your hotel.
In case of flight delays, passengers will get additional care services as in case of flight cancellations and denied boardings.
The compensation for flight delay depends upon the delay time and the length of the journey as shown in the table below:
| Distance | Time | Compensation | Time | Compensation |
| Up to 1500km | 0-3 hours delay | €0 | 3+ hours delay | €250 |
| 1500km – 3500km | 0-3 hours delay | €0 | 3+ hours delay | €400 |
| More than 3500km within the EU | 0-3 hours delay | €0 | 3+ hours delay | €400 |
| More than 3500km outside the EU | 0-3 hours delay 3-4 hours delay | €0 €300 | 4+ hours delay | €600 |
If the delay exceeds above 5 hours, passengers can choose not to fly and ask for refund of entire ticket price. Payment shall be made within the 7 days from the date of depature. Passenger will get the refund as well as the compensation from the airline.
Care services for cancelled flight
In case of flight cancellation, passengers are entitled to get benefits of substitute transport at the airport. This means that you can claim after the waiting for 2 hours and get compensation.
Replacement services
In case of flight cancellation, you can either a full refund of thr ticket or an alternative transport (like bus, train, rental car) to be arranged by the airline. Note: You’re still eligible to get the compensation even after choosing any of these options. Even if you want to abandon your travel, you can. Your ticket amount will be reimbursed.
Flight cancellation compensation
The compensation and the other replacement services depends on when you were informed about the cancellation or under what conditions replacement services would be offered.
Conditions when compensation is not required
You will get the compensation if you have been informed of the cancelation more than 14 days before the scheduled departure. The compensation payment is also omitted if:
If none of the aforementioned exclusion criteria apply, the compensation is decided based on the flight distance. The compensation payment may be reduced by the airline by up to 50% if it offers a different transport to the destination airport. In this case, the arrival time of the alternative transport must be in a reasonable time relationship with the original scheduled route.
| Distance | Time | Compensation | Otherwise |
|---|---|---|---|
| Up to 1500km | Alternative flight with max. 2-hour delay | € 125 | € 250 |
| 1500km – 3500km | Alternative flight with max. 3-hour delay | € 200 | € 400 |
| More than 3500km within the EU | Alternative flight with max. 4-hour delay | € 200 | € 400 |
| More than 3500km outside the EU | Alternative flight with max. 4-hour delay | € 300 | € 600 |
Denied boarding by the airlines is the outcome of overbooking. This is quite common practice among low-cost carriers, they intentionally sell more tickets than available seats assuming that some passengers would not turn up or cancel their journey.
IApart from the financial compensation of up to 600 €, you are also entitled to get additional services if you have been denied to board against your will/choice:
Besides the above mentioned facilities, you can also ask for free food, drinks, and telecommunication service (2 free phone calls), emails or faxes. If your alternative flight departs the next day, you are also entitled to get free hotel accommodation.
In case of denied boarding, it is also important for you to know that if you opt for an alternative flight, the compensation amount would be reduced by 50%, whereas if you do not choose to fly with an alternative flight, a ticket refund would be provided to you.
The compensation payment for denied boarding cases are as follows:
| Distance | Time | Compensation | Otherwise |
| Up to 1500km | Alternative flight with max. 2-hour delay | € 125 | € 250 |
| 1500km – 3500km | Alternative flight with max. 3-hour delay | € 200 | € 400 |
| More than 3500km within the EU | Alternative flight with max. 4-hour delay | € 200 | € 400 |
| More than 3500km outside the EU | Alternative flight with max. 4-hour delay | € 300 | € 600 |
Note: Make sure you reach at least 45 minutes before the scheduled departure time. Your right is also restricted if there are reasonable reasons for your denial of boarding, e.g. inadequate travel documents and visa issues.
