European Regulation EC 261/2004

European Regulation EC 261/2004

EC Regulation 261/2004 is a key European regulation designed to protect passengers facing flight delays, cancellations, or denied boarding due to overbooking. If your flight qualifies under this legislation, you may be entitled to compensation of up to €600 from the airline. This regulation ensures that your rights as a passenger are upheld, providing essential support when travel disruptions occur.

EU Passenger Rights – What is EC261?

EC 261/2004 is a crucial regulation within European Union law designed to protect passenger rights. This legislation ensures that airlines are held financially accountable when flights are disrupted, as long as the issues are not due to extraordinary circumstances beyond their control.

Among various passenger rights regulations, EC 261 is recognized as one of the most comprehensive. It plays a significant role in advocating for air travelers, extending protection not only to those traveling within Europe but also to all passengers departing from European airports. Additionally, in certain cases, travelers arriving in Europe from other parts of the world may also be eligible for coverage under this regulation.

Stay informed about your rights with AioFlight, and ensure you’re protected during your journeys.

EC 261 Compensation for Disrupted Flights

Many air passengers are unaware that, in numerous situations, airlines are legally and financially accountable for flight disruptions, not the passengers themselves. Depending on your specific flight circumstances and destination, understanding your rights as an air passenger and filing for EU airline compensation can result in reimbursements of up to €600 per person.

At AioFlight, we make the EU 261 claims process straightforward. Our team of flight experts is here to help you navigate the details and legal terminology with ease.

To begin your claim, simply select the issue you encountered with your disrupted flight:

The compensation amount you may be eligible for varies based on several factors, including the distance traveled and the duration of your delay in reaching your final destination. Let AioFlight help you secure the compensation you deserve!

EU Airline Compensation: Which flights are covered by EC 261?

For air passengers seeking compensation, it’s important to know which flights are protected under EU law EC 261/2004. Most routes within Europe fall under this regulation, including not just EU airspace but also Iceland, Norway, Switzerland, and the outermost regions such as French Guiana, Martinique, Mayotte, Guadeloupe, La Réunion, Saint-Martin, Madeira, the Azores, and the Canary Islands.

Additionally, many international flights are covered. If your flight departs from an airport in the EU, you are eligible for compensation. If your flight starts outside the EU but your destination is within the EU, coverage will depend on the airline—European carriers provide coverage for those flights.

At AioFlight, we’re dedicated to helping air passengers understand their rights and make the most of the compensation process.

Itinerary EU air carrier Non-EU air carrier
From inside the EU to inside the EU ✔️ Covered ✔️ Covered
From inside the EU to outside the EU ✔️ Covered ✔️ Covered
From outside the EU to inside the EU ✔️ Covered ❌ Not Covered
From outside the EU to outside the EU ❌ Not covered ❌ Not covered

In certain situations, air passengers may be eligible for compensation under EC 261 for disrupted flights outside the EU, such as flight cancellations in the US. This applies if the disrupted flight was booked as a connection to an EU flight with the same airline and is part of a single reservation (under one booking reference number).

To quickly determine your eligibility, use our AioFlight Eligibility Check tool. We’re here to help you understand your rights and navigate the claims process efficiently.

Know Your Rights EU Flights

Understanding your rights as an air passenger on EU flights includes recognizing situations where airlines are not liable for disruptions. According to EC 261, airlines are not obligated to provide compensation if the disruption is due to extraordinary circumstances—events that occur outside their control.

This means that if your flight is affected by such circumstances, the airline is not responsible for compensating you. Being informed about these exceptions can help you navigate your rights more effectively.

As an air passenger, it’s essential to know that you won’t be eligible for compensation for flight delays resulting from extraordinary circumstances. These include:

  • Strikes: Actions taken by airport staff or air traffic control
  • Political Unrest: Situations that disrupt normal operations
  • Inclement Weather: Adverse weather conditions affecting flights
  • Security Risks: Threats that compromise safety

Understanding these exceptions helps you navigate your rights effectively.

However while airlines are not required to compensate for delays caused by extraordinary circumstances, they must still demonstrate that they took reasonable measures to mitigate the delay. For instance, if bad weather affects flights, it may be classified as an extraordinary circumstance. However, if other airlines managed to avoid delays by being better prepared, you could still be entitled to compensation.

Since the introduction of EC 261, numerous court cases have clarified what qualifies as an extraordinary circumstance. Our team stays informed on these legal developments. Notably, a 2018 ruling by the European Court of Justice determined that airline staff strikes cannot be classified as extraordinary circumstances. This landmark decision means that many passengers impacted by such strikes may now be eligible for compensation.

Every year, millions of air passengers miss out on compensation owed under European Regulation EC 261.

Quick and easy | No win, no fee | All Countries | All airlines

Additional Rights Under EC 261 for Air Passengers

In addition to monetary compensation, European Regulation EC 261 outlines several rights concerning your treatment as an air passenger. Here are some key highlights:

Right to Information

You have the right to be informed about your rights under EC 261. Airlines are required to display this information at their check-in counters in all airports where they operate. If you need more details, you can also review the full text of EC 261.

Right to Reimbursement or Re-routing

If your delay exceeds 5 hours, you are entitled to a full or partial refund of your original ticket. Additionally, you have the right to a return flight to your departure point if needed.

Right to Care

During a flight disruption, you are entitled to certain essentials while waiting for the airline to assist you:

  • Meals and Refreshments: Provided during the delay
  • Communication Access: Including two phone calls, telex or fax messages, and emails
  • Accommodation: If an overnight stay is required, the airline must provide a hotel room and transportation to and from the airport

The following chart outlines when air passengers become eligible for these rights:

Flight details All flights 1,500km or less Internal EU flights over 1,500 km Non-internal EU flights between 1,500 km and 3,500 km Non-internal EU flights over 3,500 km
Length of the delay 2 hours or more 3 hours or more 3 hours or more 4 hours or more
Upgrading and Downgrading Rights

If you are offered an alternative flight in a higher class than the one you originally booked, the airline cannot charge you any extra fees. Conversely, if you are placed in a lower class, you may be eligible for a reimbursement ranging from 30% to 75% of the original ticket price.

Additional Compensation Rights

Your entitlement to compensation under EC 261 does not preclude you from seeking further compensation. However, this does not apply if you voluntarily give up your reservation. Keep in mind that any amount you receive under EC 261 may be deducted from any additional compensation you claim.

Claim your right to compensation with AioFlight.

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EU 261 Claim: Time limits for filing

Under EC Regulation 261/2004, your right to compensation does have an expiration date, but the time limits can differ from one country to another.

It’s important to understand that the country where you file your claim is based on the airline’s headquarters or the court that has jurisdiction over cases involving the airline, rather than your nationality.

To help you navigate this, we provide a convenient chart outlining the specific time limits for filing your claim.

Country Limitation period
Austria 3 years
Belgium 5 years
Bulgaria 1 year
Croatia 3 years
Cyprus 6 years
Czech Republic* 3 years
Denmark 3 years
Estonia 3 years
Finland 3 years
France 5 years
Germany ** 3 years
Greece 5 years
Hungary 2 years
Iceland 2 years
Ireland 6 years
Italy 2 years
Latvia 1 year
Lithuania 3 years
Luxembourg 10 years
Malta No limit
Netherlands 2 years
Norway 3 years
Poland 1 year
Portugal 2 years
Slovakia 2 years
Slovenia 2 years
Spain 5 years
Sweden*** 10 years
Switzerland 2 years
United Kingdom 6 years

Czech Republic: Air passengers must notify the airline within the first 6 months after a flight disruption. If they do, the claim remains eligible for up to 3 years.

Germany: The limitation period ends on the last day of the third year. For example, if a flight occurred on February 25, 2016, the claim would expire on December 31, 2019.

Sweden: If air passengers inform the airline within the first 2 months following a flight disruption, their claim can be valid for up to 10 years.

How to file your EU261 Claim

If you’ve confirmed your eligibility for an EU261 claim, the next step is to navigate the process of obtaining compensation. Surprisingly, only 55% of air passengers worldwide make a claim, even when they know they’re entitled to it.

Many air passengers feel overwhelmed by the prospect of a complex legal process, which often discourages them from pursuing the compensation they rightfully deserve for their flight disruptions.

That’s where AioFlight comes in. We simplify the process and handle the details for you. Just enter your flight information into our user-friendly compensation checker, and we’ll manage the rest.

Find out if you qualify for compensation today!

Did you experience a flight disruption to or from the EU?

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Frequently Asked Questions about EU261

When your travel plans are disrupted due to delays or cancellations, AioFlight is your go-to resource for making an EU 261 claim.

As a leading provider in the flight compensation sector, we are dedicated to upholding air passenger rights. To date, we’ve assisted millions of air passengers in securing the compensation they deserve for their flight issues. Let us help you navigate the process smoothly!

A common misconception is that EC 261 only applies to flights within Europe, but that’s not the case. It can also apply on flights between Europe and the USA, for example. Americans can claim flight compensation under EC 261 if they experience a disruption on flights that meet certain criteria:

Departing from an EU Airport: If your flight departs from an airport within the EU, you are covered by EC 261, regardless of the airline’s nationality.

Arriving at an EU Airport: If your flight is operated by an EU-based airline and lands at an EU airport, you may also be eligible for compensation, even if you started your journey outside the EU.

Flight Disruptions: This includes delays of three hours or more, cancellations, and cases of denied boarding due to overbooking.

If your situation matches these criteria, you may be entitled to compensation of up to €600. For assistance in navigating the claims process, AioFlight is here to help!