TPG’s information to understanding EU261 flight compensation

Let’s be trustworthy, flight delays and cancellations are an inevitable a part of airline journey, and we have seen loads of it lately.
Sadly, within the U.S., there isn’t any federal regulation requiring airways to offer passengers with cash or different compensation when their flights are delayed or canceled.
The Biden administration has put public stress on airways to offer passengers with meals, lodging and different reimbursements with a federal dashboard that lays out every main U.S. service’s ensures within the occasion of a “controllable” cancellation or delay — these non-weather disruptions which are the airline’s duty.
Nonetheless, it is in the end as much as every airline to implement its personal insurance policies.
It is typically a unique story when touring to, from or inside the European Union, although. There, current rules present financial aid to passengers for flights affected by delays and/or cancellations because of a 2005 regulation generally known as EU261.
In consequence, airways have shelled out tons of of hundreds of thousands of {dollars} to passengers.
This information particulars how EU261 works and the way affected passengers can submit claims for compensation.
What international locations are a part of the EU?
EU 261 helps vacationers on flights inside the 27 EU nations, particularly: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Eire, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
EU airline rules additionally cowl flights outdoors of the EU, particularly in Guadeloupe, French Guiana, Martinique, Reunion Island, Mayotte, Saint-Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway and Switzerland. (The Faroe Islands, Isle of Man and the Channel Islands should not included.)
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EU carriers, different carriers working in these areas and flights on accomplice airways or codeshare flights outdoors of the EU, together with connecting flights within the U.S. operated by U.S. carriers, should abide by EU261 guidelines.
What flights are lined by EU261?
There are just a few totally different situations wherein EU261 could kick in to guard passenger rights. They embrace flight delays and cancellations on itineraries like these:
Associated: This EU261 declare netted a passenger $1,900 for a delayed flight
Flight Itinerary | You are flying an EU service | You are flying a non-EU service |
---|---|---|
Flight from the EU to the EU | This flight is roofed by EU261. | This flight is roofed by EU261. |
Flight from the EU to non-EU | This flight is roofed by EU261. | This flight is roofed by EU261. |
Flight outdoors of the EU to the EU | This flight is roofed by EU261. | This flight is not lined by EU261. |
Flight outdoors of the EU to non-EU | This flight is not lined by EU261. | This flight is not lined by EU261. |
As detailed above, EU261 applies to all flights totally inside the EU, and all flights departing from the EU, no matter vacation spot. If it is a flight to the EU, although, solely passengers flying on an EU service are topic to EU261 protections.
What about codeshare flights?
Due to airline alliances, there are a lot of instances the place you will e book a ticket on one airline, however truly fly on one among its companions. As an example, you might buy a ticket on Delta Air Strains however truly fly aboard Amsterdam-based KLM.
Within the case of those “codeshare” flights, the airline truly flying the plane is accountable — not the airline from which you bought the ticket.
This implies if you buy a ticket by means of Air France’s web site, however the flight is operated by Delta Air Strains, you would not have EU261 protections for the flight to Paris. Nonetheless, if it is a flight aboard an Air France airplane, you would. (You would be protected on any airline for the return flight from Paris to the U.S.)
What to anticipate when reserving an EU 261-eligible ticket
Vacationers flying within the EU should obtain a printed or digital discover of EU air passenger rights, which can be posted at check-in desks, check-in kiosks and on the airline’s web site. The airline should additionally provide you with a duplicate of this discover if you happen to have been denied boarding, your flight was canceled, otherwise you skilled a two-plus hour delay.
To file an EU261 declare, you need to have a sound ticket and reserving affirmation. Though income and award tickets qualify for compensation, free or decreased fares that aren’t out there to the general public are excluded from compensation.
Sure US home flights are eligible
In some extra restricted instances, these protections could even apply to vacationers on sure home flights within the U.S. (and different international locations) because of steps Europe took in 2022 to broaden the rule to use to connecting flights on an itinerary that originated within the EU.
Compensation for delays and cancellations
Guidelines for compensation are based mostly on the particular time you have been notified of the flight delay or cancellation and the space of your supposed flights. The longer the space, the larger the compensation.
What is taken into account a flight delay underneath EU261?
Passengers on a delayed flight have a proper to the airline’s help, reimbursement and a return flight, relying on the size of the delay and the space of the flight.
In case you are delayed three or extra hours, you might be entitled to compensation (see the chart under) until the delay was brought on by “extraordinary circumstances,” together with climate, political instability, safety dangers and air site visitors management selections which are out of the airline’s management.
Issues like mechanical and technical issues should not extraordinary circumstances. Nonetheless, airline strikes, for instance, could also be thought of a unprecedented circumstance if the disruption is because of strikes at a totally different airline.
In instances just like the latter, airways could also be exempt from paying compensation however should show the disruptions have been unavoidable even when all cheap measures had been taken.
Associated: Why new compensation guidelines for some delayed flights won’t be nearly as good as they sound
What ought to I anticipate if my flight is delayed?
When your flight is delayed past its scheduled departure time, EU261 entitles you to meals (in proportion to the wait time) plus two free cellphone calls, emails or faxes, inside the following period and distance constraints:
- A delay of two-plus hours for flights of 1,500 kilometers (932 miles) or much less
- A delay of three-plus hours for intra-EU flights of greater than 1,500 kilometers (932 miles) and for all different flights between 1,500-3,000 kilometers (932-1,864 miles)
- A delay of four-plus hours for all different flights
In case your new departure time is scheduled not less than the day after your initially scheduled flight, you might be additionally entitled to transportation to and from the airport to complimentary lodge lodging.
In case your flight is delayed not less than 5 hours after the scheduled departure, the airline is required to reimburse your ticket. If in case you have a connecting flight, the airline can be required to give you a return flight to the departure airport on the earliest alternative.
What is taken into account a flight cancellation underneath EU261?
For the needs of EU261 compensation, a cancellation means one of many following:
- Your unique flight is canceled, and you might be moved to a different scheduled flight.
- Your plane took off however was pressured to return to the departing airport, and the airline transferred you to a different flight.
- Your flight arrived at an airport that’s not the ultimate vacation spot indicated in your itinerary (until you accepted rerouting or the airport of arrival and the airport of the unique itinerary service the identical city, metropolis or area. On this case, the disruption is taken into account a delay).
What ought to I anticipate if my flight is canceled?
When a flight lined by EU261 is canceled, you could have the proper to reimbursement, rerouting, help from the airline and compensation if the airline fails to tell you of the cancellation not less than 14 days earlier than takeoff.
Associated: Passengers should now be compensated when a flight in Europe leaves early attributable to a schedule change
Airways are additionally obligated to show they correctly notified you of the cancellation. However once more, compensation isn’t owed in instances of flights canceled attributable to extraordinary circumstances.
In case your flight is canceled, the airline should give you three decisions:
- Ticket reimbursement plus a return flight to the airport of departure you probably have a connecting flight
- Rerouting to your ultimate vacation spot on the earliest alternative
- Rerouting at a later date at your comfort underneath comparable situations, topic to seat availability
Moreover, you might be entitled to compensation relying on the space of your flight and the size of the delay previous your initially deliberate arrival.
The airline should provide help, together with meals, refreshments, lodging (in case you are rebooked to journey the following day), transport to and from the lodge and two free cellphone calls, faxes or emails.
Associated: Bank cards that present journey delay protection
What ought to I anticipate if my flight is rescheduled for an earlier time?
On Dec. 21, 2021, the EU’s Courtroom of Justice dominated that passengers on flights departing greater than an hour sooner than the unique departure time are owed compensation underneath EU261. When that occurs inside 14 days of departure, the flight is taken into account canceled underneath the principles.
How a lot compensation will I get for a delay or flight cancellation?
When you meet the eligibility necessities mentioned above for both a delay or cancellation, you will obtain compensation accordingly:
Compensation | Distance |
---|---|
250 euros (about $274) per passenger | 1,500 kilometers (932 miles) or much less |
400 euros (about $438) per passenger | Greater than 1,500 kilometers (932 miles) inside the EU and all different flights between 1,500-3,500 kilometers (932-1,864 miles) |
600 euros (about $658) per passenger | 3,500 kilometers (2,175 miles) or extra |
Any compensation could also be decreased by half if you happen to settle for a reroute from the airline to your ultimate vacation spot, with delays of two to 4 hours.
How does EU261 have an effect on US-based passengers?
Suppose you reside within the U.S., and whereas flying from New York to Frankfurt on Lufthansa, you encounter a three-hour delay at John F. Kennedy Worldwide Airport (JFK). If the pilot is unable to make up the time within the air and also you arrive three hours later than your scheduled arrival time in Frankfurt, you might be entitled to meals and refreshments together with further compensation, because of EU261. U.S.-based flyers can declare compensation because the flight is operated by an EU service.
In the identical situation as above however flying United Airways again to the U.S. from Europe, a passenger would even be eligible for compensation underneath EU261 as they’re departing from an EU nation.
Due to a current addition to the rule, passengers on any flight originating in Europe, even when they’re ticketed on a unique airline for a connecting flight, are eligible to get a reimbursement.
And, as you might need gathered by now, you do not have to be a citizen of the EU to qualify for compensation so long as you meet the aforementioned necessities. U.S.-based passengers may also make compensation claims.
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Methods to declare compensation
To be able to obtain compensation, passengers should file a declare in a well timed method based mostly on particular deadlines set forth by every nation.
The deadline to file a declare isn’t based mostly in your citizenship, the place you reside or your vacation spot however as a substitute the placement of the headquarters of the airline you flew. For instance, if you happen to flew Air France, you will need to verify the principles in France. When you flew Brussels Airways, you will must seek the advice of Belgian regulation.
In any case, we suggest submitting as quickly as doable after your flight goes awry.
Airways usually enable passengers to file an EU261 declare in just a few alternative ways. Some ask you to fill out a type electronically, whereas others could present directions on tips on how to file a declare by way of e-mail or by mail.
Whatever the technique, you will want to offer pertinent documentation (boarding go, a letter stating what went mistaken together with your flight, how a lot you might be claiming whereas referencing EU261 phrases and situations) to the airline in query.
Associated: How I lastly received my cash from AirHelp for a delayed flight in Europe
You possibly can usually discover directions on tips on how to submit a declare on a service’s web site. Nonetheless, you probably have hassle discovering that info, you may also print and full the Air Passenger Rights EU Grievance Kind and submit it to the airline immediately.
As a result of airways take care of a number of claims, anticipate to attend as little as just a few weeks or as a lot as just a few months for the airline to answer your declare in query.
Moreover, there are different third-party corporations, like EUclaim and Flightright, that may deal with your declare utility whereas additionally taking a share of the quantity owed (15%-25%) for themselves.
Backside line
Beneath EU regulation, the consumer-friendly EU261 regulation helps passengers who encounter delays or cancellations. It requires airways to pay compensation in sure circumstances.
U.S.-based passengers can file an EU261 declare underneath eligible situations when on a flight departing the EU or when flying with an EU-based service en path to the EU.
Whereas delays and cancellations are a part of industrial aviation, it pays to know your rights — actually.
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