The aviation regulations significantly differ from one continent and country to another. The European Union too, has established regulations determining the situations leading to the experience of airline passengers that travel not only within the EU countries, but to their territories from another continent as well. Thus, one such regulation which we will learn about here is with regard to compensation to airline passengers. The regulation is called the Flight Compensation Regulation or the Regulation (EC) No. 261/2004.
In this blog, we are going to provide you an in-depth overview of the EU Flight Compensation Regulation, what it is for and what conditions must be met in order to claim compensation.
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A Brief Overview of the European Union’s Flight Compensation Regulation
The Regulation (EC) No. 261/2004 came into effect in February 2005, by the European Parliament and the Council of the European Union. The EU law established certain rules concerning the compensation as well as rendering assistance to airline passengers, particularly those that are affected in unprecedented situations. This law is enforced with regard to passengers travelling within as well as outside the European Union territories.
In other words, airline passengers are given certain rights by the EU law and the airline carriers, without exception, must oblige these rights of passengers in the given situations.
What Purposes does the EU Flight Compensation Regulation Fulfil?
The European Union’s Flight Compensation Regulation states that the law has established rules with regard to compensation and assistance to airline passengers who have experienced the following:
- Flight delays (up to two hours)
- Severe flight delays (three hours and beyond)
- Flight’s scheduled arrival delayed by three hours or more due to diversion of route under circumstances within the airliner’s control or decision
- Passenger denied boarding due to overbooking
- Other scenarios outside of the airliner’s control
Thus, concerning the situations mentioned above, passengers that are affected will be rendered not only assistance, but also offered compensation ranging from €250 (USD 297.66) up to €600 (USD 722.94) per person.
The compensation amount varies with the flight’s delay time and the total distance of the flight’s scheduled route, both within and outside the European Union. Thus, if a passenger has experienced such situations and fits the requirements, then he/she will be offered compensation and necessary assistance from the airliner.
What Else are Passengers Entitled to in Such Situations?
In addition to the above mentioned events, under the EU regulations, the affected passengers are also entitled to the following:
- Refreshments and meals at the airport, which is pretty reasonable considering the time they have to spend waiting
- Accommodation in hotel
- Transportation between the hotel and the airport
If a passenger is unable to get on a flight until the next day, then the airliner is obliged to provide accommodation to the passenger(s) at close proximity to the airport.
What are the Conditions to Claim Compensation for Flight Cancellation?
As per the EU law, passengers can claim compensation for the cancellation of their flights, if the following conditions have been met:
- The passenger was not given prior notice at least 14 days or more about their flight’s cancellation.
- The airline did not inform the passenger about their flight’s delay of more than three hours.
- The passenger was denied boarding without prior communication.
Passengers can claim compensation for flight delays of three hours and beyond and/or cancellations provided the passenger is flying within or from the European Union region, regardless of the airline carrier.
On the other hand, a passenger travelling from another continent to a country in the European Union territory has their flight either delayed for more than three hours, or perhaps, cancelled, then the passenger will only become eligible for compensation if he/she booked an EU-based airliner.
Passengers who were communicated in less than 14 days prior to the airline’s decision of cancelling their flights, can claim compensation along with the refund amount or an alternative flight.
It is important to note that passengers who were communicated more than 14 days prior to their flight’s cancellation, are entitled either to a new flight or a refund, which is the amount of their original flight, but without additional compensation.
Conditions in Which Compensation Cannot be Claimed
Aside from the conditions or requirements mentioned above, for which the affected passengers can claim compensation, there are, however, certain conditions which are excluded from this regulation.
Thus, the conditions that are exempted from the EU’s Flight Compensation Regulation include the following:
- Flight delay caused due to bad or severe weather.
- Flight is cancelled due to bad or severe weather.
- Decisions made by the air traffic control that are beyond the control of the airline carrier.
These unprecedented situations are sort of extraordinary for which, neither the airline carrier nor the EU law has any control. So, these conditions are excluded from their regulation of offering compensation to the affected passengers.
How Soon Can You Expect Claiming Your Compensation?
Before you can claim your compensation for experiencing any of the unprecedented situations mentioned above, you must first submit a request online to the airline carrier. If you are travelling with a companion and he/she is also affected, then the person must also fill and submit individual claim request form online. This is because the compensation is given to persons individually.
Usually, it can take up to 7 days for the airline to compensate you after completing your request for claim.
Compensation for Flight Delays
As per the EU law, passengers that are affected due to flight delays when travelling within or to a European Union region, the compensation amount offered will depend on the distance of the flight’s route.
Thus, the compensation for a delayed flight under the EU regulation is as follows:
(i) If Distance of the Flight’s Route is up to 1500 km (932.05 miles)
- €0 for flights that are delayed up to 3 hours.
- €250 for flights that are delayed more than 3 hours.
(ii) If Distance of the Flight’s Route is between 1500 km (932.05 miles) and 3500 km (2,174.8 miles)
- €0 for flights that are delayed up to 3 hours.
- €400 (USD 487.44) for flights that are delayed more than 3 hours.
(iii) If Distance of the Flight’s Route within the EU is beyond 3500 km (2,174.8 miles)
- €0 for flights that are delayed up to 3 hours.
- €400 for flights that are delayed more than 3 hours.
(iv) If Distance of the Flight’s Route Outside the EU is beyond 3500 km
- €0 for flights that are delayed up to 3 hours.
- €300 (USD 365.01) for flights that are delayed more than 3 hours and up to 4 hours.
- €600 for flights that are delayed more than 4 hours.
Compensation for Flight Cancellations or Denied Boarding Due to Overbooking
Again, passengers that are affected due to flight cancellations or denied boarding due to overbooking when travelling within or to a European Union region, the compensation amount offered also depend on the distance of the flight’s route.
Thus, under the EU regulation, the compensation for your flight’s cancellation or you being denied boarding the plane due to overbooking is as follows:
(i) If Distance of the Flight’s Route is up to 1500 km
- €125 (USD 148.78) and an alternative flight with delay of up to 2 hours.
- €250 if the airline cancels your flight without prior communication.
(ii) If Distance of the Flight’s Route is between 1500 km and 3500 km
- €200 (USD 239.06) and an alternative flight with delay of up to 3 hours.
- €400 if the airline cancels your flight without prior communication.
(iii) If Distance of the Flight’s Route within the EU is beyond 3500 km
- €200 and an alternative flight with delay of up to 4 hours.
- €400 if the airline cancels your flight without prior communication.
(iv) If Distance of the Flight’s Route Outside the EU is beyond 3500 km
€300 and an alternative flight with delay of up to 4 hours.
€600 if the airline cancels your flight without prior communication.
How to Claim Compensation?
In order to claim your compensation for situations, such as flight delay, cancellation or denied boarding due to overbooking, you must fill an online form. This online form is called the Air Passenger Rights EU Complaint Form and can be downloaded in PDF format from their website. The link to the online form is given here as well.
The form contains several pages of required details which are needed to be filled by each passenger (if you are travelling with a companion) in order to claim your compensation from the airline carrier. Be sure to have your current flight’s ticket number and the confirmation code handy. You will also need to contact your airliner, and if the airliner fails to respond to your request, you can reach out to the national enforcement body of the country where the incident took place.
Conclusion
The EU Flight Compensation Regulation also allows passengers to file compensation claims which can take several months, sometimes years even since the time of the incident. Germany, for instance, allows passengers three years to file their compensation claims, while the United Kingdom allows passengers up to six years to file their claim requests.
There can be situations that may or may not be within an airliner’s control and thus, sometimes, passengers are deeply affected. This law of the European Union is definitely a saviour for such passengers.
