Flight Delays & Cancellations: EU 261 What you need to Know
Having your own company may give you opportunities to travel on business. In fact, I have some great tips on how to travel for free. Sometimes, however, things may not go as planned when travelling. And whilst you may have mastered all the business travel hacks to staying productive and relaxed, nothing can prepare you for excessive delays and cancellations.
Every traveller will experience, at some point, that dreaded announcement of a cancelled or delayed flight, which can disrupt your plans. Having a good travel insurance plan for those unexpected moments is always good practice.
But having financial coverage doesn’t necessarily solve all the issues. Suppose you are travelling on a bleisure trip. Your insurance may pay for your lost luggage, but who will ever compensate you for the stress of being unable to show up to your meeting in corporate attire? How can you even buy clothes when you have landed just after midnight and have a meeting first thing in the morning? Who could ever compensate someone who has missed a wedding or, even worse, a funeral? These are real issues that happen to everyone, and some people are left with stress and anxiety on top of financial loss. Yet we repeatedly hear that some airlines are wiping their hands clean from these situations.
So, what can you do and is there anything that can protect you? Further to your travel insurance, raising a complaint with your credit card provider may help. I remember I raised a dispute against an airline that refused to refund me for cancelling my flights, and I got my money back immediately.
If you are travelling to or from Europe, you are in luck. The European Union has strict regulations regarding cancellations, delays, and disruptions. Other than reimbursements and compensation, these regulations are great just out of principle.
Let’s look at what this is all about and how it can assist you.
What is EU 261 & how does it work? Know Your Rights.
The behaviour of airlines that leave passengers stranded or who couldn’t care less whether their whole itinerary is disrupted is unacceptable. Sure, we all agree to the terms of carriage (yet I am unsure how many really read the fine print), but these terms must also be fair and have some logic.
Airlines should not be able to hide behind their terms and conditions, which see them unaccountable for what happens on their watch. Surely the passenger should not be the one to pay such a heavy price for something that has occurred through no fault of their own.
Thankfully the European Union has taken action and it is good news for travellers.
On February 11th, 2004, the European parliament and council of the European Union made a flight compensation regulation in the EU Law. It came into effect the following year, on February 17th, 2005.
The European regulation EC 261 is commonly referred to as EU 261.
This law is intended to protect consumers and, in certain instances, compensate travellers whose flight has been delayed, re-scheduled or cancelled.
Who can qualify for EU 261 Compensation?
1. If your flight is within the EU and is operated by an EU Airline or a non-EU Airline
2. If your flight originated outside of the EU but arrived in the EU and is operated by an EU Airline
3. If your flight departs from an EU country to a non-EU country and is operated by an EU Airline or a non-EU Airline.
Examples:
☑️ (1) Lufthansa is an EU Airline and flies within EU example from Frankfurt to Athens (qualifies)
☑️ (1) Ethiopian Airlines flies within EU (from Stockholm to Oslo) and is a non-EU Airline. (qualifies)
☑️ (2&3) Air France is an EU Airline and flies from Singapore (outside of the EU) to Paris (inside the EU) (qualifies)
☑️ (3) A flight travelling with Emirates (non-EU Airline) from Frankfurt to Dubai will fall under this ruling because it is departing from an EU member state. (qualifies)
❌ (2) A flight travelling with Emirates from Dubai to Frankfurt is not covered by EU 261
☑️ (3)If you were travelling this route (Dubai to Frankfurt & Frankfurt to Dubai) with an EU carrier such as Lufthansa, you would be covered for both flights.
What is an EU Country?
A European Union country is one of the following 27 EU countries & includes Iceland, Norway, and Switzerland.
EU 261 Brexit
From 1st January 2021, the EU 261 regulation does not apply to flights from the United Kingdom to countries of the EU if the flight was a UK carrier or a non-EU carrier. This is also the case if you booked your ticket before this date.
If an EU carrier operates the flight, then the EU 261 regulation will apply.
Types of Compensation Claims under EU 261
Flight was cancelled
If your flight is cancelled, you have the right under the law to choose between the following:
- Reimbursement
- Rebooking
- Re-routing (must be comparable transport and at the earliest convenience)
*You must also receive assistance at the airport. (Meals, refreshments, phone calls, emails etc.)
Financial Compensation
The airline may still need to provide financial compensation depending on the distance of your flight, the length of your delay and if you were informed of your cancellation less than 14 days prior to your scheduled departure date.
Distance of 1500 km / 932 miles or less
Euros 250
Distance more than 1500 km / 932 miles within the EU and all other flights between 1500 km / 932 miles and 3500 km / 2174 miles
Euros 400
Distance more than 3500 km / 2174 miles
Euros 600
You will not be entitled to compensation if:
- You are informed of the cancellation more than 14 days in advance
- You are informed of the cancellation between 2 weeks and 7 days before the scheduled departure date, and you are offered a re-routing so that you can:
- Depart no more than 2 hours before your original scheduled departure time
- Arrive at your destination less than 4 hours after your original scheduled arrival time.
- If you are informed less than seven days before your scheduled time of departure and are offered a re-routing which allows you to:
- Depart no more than 1 hour before the originally scheduled time of departure and
- Arrive at your destination less than 2 hours after the originally scheduled time of arrival
- There are extraordinary circumstances that the carrier could not have avoided. These include Security Risks, Political Instability, Decisions by Air Traffic Management, and Adverse weather conditions (such as severe thunderstorms that an airplane cannot fly in). It is critical to get in writing the exact reason for your delay or cancellation.
Example:
Jane has booked a flight from Frankfurt to Dubai and her carrier is Emirates.
The flight distance from Frankfurt to Dubai is approximately 4800 km.
Jane shows up at the airport and is advised her flight is cancelled.
- Jane qualifies under the EU261 regulation because irrespective of the fact that Emirates is not a European carrier, the departure point is in an EU country.
- Jane has the right to choose between a refund, rebooking or rerouting.
- Jane was informed less than 14 days before her scheduled departure and is therefore also entitled to compensation. As her travelling distance is above 3500 km, Jane is entitled to Euro 600.
- In addition, Jane must also receive airport assistance.
Flight was delayed – Financial compensations for delayed flights under Eu 261
Depending on the length of the delay and distance of the flight, you have the right to reimbursement and a return flight if your flight is delayed at departure.
*You also have the right to receive assistance at the airport. (Meals, refreshments, phone calls, emails etc.).
If you arrive at your destination with a delay of more than 3 hours, and extraordinary circumstances did not cause it, you are entitled to compensation.
Distance of 1500 km / 932 miles or less
Euros 250
Distance more than 1500 km / 932 miles within the EU and all other flights between 1500 / 932 miles and 3500 km / 2174 miles
Euros 400
Distance more than 3500 km / 2174 miles
Euros 600
*Comprehensive information can be found here on the particulars of compensation for a delay at arrival: (including delay times, hotel accommodation, and transport to and from the airport)
Your Rights Under Eu 261 if you are Denied Boarding & Overbooked Flights
Provided you have a valid flight reservation, (not standby) your travel documentation is in good order, you have shown up to the airport and checked in on time, and you have not voluntarily given up your seat, you are entitled to the following if you have been denied boarding:
- Compensation
- Assistance
- The right to choose between:
- Reimbursement
- Re-routing
- Rebooking at another time
*An airline can deny you boarding for the following reasons, and you have no entitlements under these scenarios:
- Safety, Security or Health reasons
- Documentation issues (Valid Visas etc.)
- Ticketing Rules and issues such as not using a leg of your flight that is part of your ticket.
Upgraded or Downgraded Flight under EU 261
If you are upgraded, enjoy your flight! The airline cannot request additional payment.
If you are downgraded, you are entitled to reimbursement depending on the distance:
- 30% of your ticket price for flights of 1500 km or less
- 50% of your ticket price for flights within the EU of more than 1500 km and all other flights between 1500 and 3500 km.
- 75% of your ticket price for all other flights, including flights between EU & French overseas departments.
To read more information about downgrades and upgrades see this comprehensive article.
Missed Connecting Flight
Simply put, a connecting flight under Eu 261 is when you need more than one flight to reach your destination. If you miss your connecting flight and arrive at your destination with a delay of more than 3 hours, you are entitled to compensation. The fine print and particulars can be found here.
Lost, Damaged or Delayed Luggage
Checked In Luggage
If your checked-in luggage is lost, delayed, or damaged, the carrier is entirely liable, and you are entitled to compensation. The amount you can claim is approximately Euro 1300.
Damaged Hand Luggage
If the airline damages your hand luggage, it is liable.
How to file EU 261 Claims – EU 261 Claim Form
Many people will ask the question. How do I claim EU 261? Collect as much information as you can to back up your claim and complete the following form.
You can download a copy of the EU 261 claim form here:
Once you have completed your form, send it to the airline.
If you are not satisfied with their response or they are simply not responding you can file your complaint to national authorities.
In addition to this, you may find that certain airlines deal with these matter proactively and you may be able to submit a complaint form through their online site. If they only have guidelines, then use the above form and submit it to them following their instructions: Some examples are:
Emirates: Submit the delayed flight certificate form directly from their website.
Ryan Air: Submit a refund application form directly on their website.
United Airlines: Instructions on how to submit a claim with United Airlines is found on their website.
Qantas: A comprehensive guide on compensation and assistance for cancellation of flights can be found on the Qantas website.
Conclusion
Cancellations, delays, and overbookings are not only an out-of-pocket experience for the traveller but highly stressful and an enormous inconvenience. It was time to acknowledge and appropriately compensate the passenger.
We need more countries around the world to jump on board. Thankfully in August 2024 Australia announced that a new aviation / airline ombudsman is on the way to govern the aviation sector. This is a much needed initiative and long overdue.
