A cancelled or delayed flight can cause a lot of hassle for many reasons, but those who ever find themselves in that predicament can be compensated for it. The EU261 or Regulation (EC) No 261/2004 is a European Union law which established common compensation and aid to passengers in the event of denied boarding, flight cancellations, or long flight delays. These sorts of events are out of people’s control, so it is important to know your rights to make a claim if ever found in one of these situations.
The law, which was enacted in February 2005, has no exceptions for airlines to evade their obligations for breach of contract. Compensation can amount up to £520; the payout depends on the flight distance for delays of at least three hours, cancellations, or denied boarding due to overbooking. Airlines are also required to provide refreshments and accommodation where appropriate.
Who does the rule apply to?
The law applies to passengers travelling in Europe, including those who departed from the EU and arrived in the UK and those who departed from the UK and arrived in the EU with an EU airline.
Non-EU citizens, including Brits, can claim compensation for delayed European flights that do not depart or arrive in the UK.
How to make a claim
Contact the airline or airport directly. Most will have a claims procedure, such as a claim form. Passengers will need to provide all the information the airline needs to process the claim. If there is no standard procedure available, then you can contact the airline or airport via email or letter. It is important to keep a record of the communication.
Compensation for flight delays
Passengers will only receive compensation for delays over three hours. Once the delay exceeds that time, the compensation amount depends on the flight distance, and in one instance, the number of delayed hours also contributes to how much passengers are compensated.
- All flights 1,500km or less have a payout of £220
- Internal EU flights over 1,500km have a payout of £350
- Non-internal EU flights between 1,500km and 3,500km have a payout of £350
- If an internal EU flight over 1,500km is delayed for three or more hours, passengers will be compensated £260; if the flight is delayed for more than four hours or doesn’t arrive, it increases to £520.
Article 9 of the law states that airlines have a duty to provide passengers with a level of “care and assistance” if their flight is delayed for more than a certain number of hours.
- Flights up to 1,500km – after two hours
- Flight between 1500km – 3,500km – after three hours
- Flights over 1,500km and between two EU states – after three hours
- Flights over 3,500km – after four hours.
The airline must provide passengers with:
- Food and drink in reasonable relation to waiting time
- Free hotel accommodation when a stay of one night or more is necessary
- Free transport between the airport and the hotel
- Two free telephone calls, emails, telex or fax messages
Compensation for flight cancellations
If a flight is cancelled less than 14 days before its departure date, passengers have the right to choose between a full refund for the flight or to be rerouted on a different flight on the same or another airline at no additional charge.
If a passenger decides to be rerouted but arrives at the final destination more than three hours after the originally scheduled flight, they are entitled to compensation for the length of the delay.
Compensation for denied boarding
Airlines must compensate passengers denied boarding due to a flight being overbooked. The claim will include one of three things: the reimbursement of the cost of the ticket within seven days, a return flight to the first point of departure, or rerouting to the final destination.
Why can an airline refuse to pay
Airlines can reject a claim if the delay or cancellation was a result of an “extraordinary circumstance”, including:
- Extreme and unexpected weather conditions
- Strikes and industrial action
- Air traffic control decisions affecting flight scheduling
- Hidden manufacturing defects or technical issues with the plane
- Bird strikes, flying into and damaging the engine
- A passenger or member of airline staff taken ill on the flight, including a medical emergency on board
- An unruly passenger on the flight
- Acts of terrorism or civil unrest
- Foreign and Commonwealth Office travel bans
- Security risks
- Disease outbreaks
- Disruptions to airspace, including drones.
- Unexpected IT outages that are beyond the responsibility of the airline