The guide to air passenger rights in the European Union

The European Parliament and the Council of the European Union established on February 11, 2004, EC Regulation No. 261/2004, which addressed the needs for supervision and protection of passengers of air carriers, within the Union. European.

Indeed, European law EU 261 has put in place common compensation rules for passengers faced with long-term flight delays, cancellations and involuntary denied boarding. It allows them to claim up to €600 in compensation from the airline for these flight disruptions.

In addition to this financial compensation, the company is required to respect these three obligations:

The obligation to inform passengers of their rights.
The obligation to take charge
The obligation to offer ticket reimbursement (delay of more than 5 hours or flight cancellation)

Flights covered by EU 261:

The European regulation covers the entire airspace of the European Union, as well as Iceland, Norway, Switzerland and the outermost regions: French Guiana and Martinique, Mayotte, Guadeloupe and Réunion, Saint-Martin, Madeira and the Azores, and the Canary Islands.

Please also note that all flights departing from the European Union are affected by this Regulation, whether it is an intra-European Union or international flight. Flights that depart from the European Union but are linked to the European Union are affected if they are operated by a European Union air carrier.

Denied Boarding:

Be aware that airlines often overbook seats on board their planes, to ensure full flights take off, in case passengers cancel their trips.

This situation sometimes leads to overbooking, which leads the company to prohibit certain passengers from boarding.

In this case, the airline must first ask willing individuals to give up their seats in exchange for mutually agreed benefits. But if there are still no seats available, the company may refuse a passenger to board, even if they have a valid ticket and a confirmed reservation for the flight concerned, and they are is presented for registration on time.

However, it must give the passenger the choice between a replacement flight (as soon as possible or at a later date) and reimbursement of the ticket, within 7 days, if they cancel their flight.

In the case of denied boarding, the airline must not only take care of the passenger, but also pay them financial compensation, the amount of which varies depending on the distance of the flight to be covered:

€250 : compensation for a flight of less than or equal to 1,500 km.
€400 : compensation for a flight between 1,500 and 3,500 km.
€600 : compensation for a flight over 3,500 km.

Note : In the event of rerouting, compensation may be reduced by half.

Flight cancellation :

In the event of cancellation of a flight, the airline is obliged to reimburse its passengers, except in the following cases:

If it has informed its passengers of the cancellation, at least 14 days before the date of this flight.
If it has rerouted its passengers to their final destination at a time close to that initially planned;
If it can prove that the cancellation is due to extraordinary circumstances (weather, political situation, strike at the airport, etc.)

However, in the event of a last minute cancellation, the airline is obliged to:

Refund your passengers’ tickets within 7 days.
Reroute its passengers to their final destinations in comparable and satisfactory conditions.

In addition to reimbursement and this support, the company must also compensate its passengers, in an amount which varies depending on the journey to be made: 250 euros (flight of less than 1500 km), 400 euros (flight between 1500 and 3500 km) , 600 euros (flight of more than 3500 km).

Note : In the event of rerouting, compensation may be reduced by half.

Flight Delay :

According to EU Regulation 261, airlines can be held responsible for inconveniences resulting from flight delays such as: a paid and unused hotel night, a lost day of work, a missed connection, etc. Which means that in In the event of a delay of 3 hours or more, the passenger can claim compensation, unless this delay is due to extraordinary circumstances…, the amount of which changes depending on the journey to be made:

€250 : compensation for a flight of less than or equal to 1,500 km.
€400 : compensation for a flight between 1,500 and 3,500 km.
€600 : compensation for a flight over 3,500 km.

Note : In the event of rerouting, compensation may be reduced by half.

In addition to this compensation, the company must cover the waiting time at the airport, if the delay is :

2 hours or more : for flights with a distance of up to 1500 km.
3 hours or more : for longer flights within the European Union or for other flights with a distance between 1500 km and 3500 km.
4 hours or more : for flights with a distance of more than 3500 km.

For a delay of at least 5 hours, the passenger can cancel their flight and request a refund of their ticket.

Upgrading and downgrading :

Please note that in the event of an upgrade following overbooking, or a change of plane, no additional charge to the amount of your ticket may be required. On the other hand, in the event of downgrading, you must be paid compensation, which amounts to:

30% : of the ticket for all flights up to 1500 km;
50% : for intra-community flights of more than 1500 km (except to the French Overseas Territories) as well as for all other flights between 1500 and 3500 km;
75% : of the ticket for extra-Community flights of more than 3,500 km, including flights between the European territories of the Member States and the French Overseas Territories.

The right to support :

In the event of denied boarding, cancellation or delay of 3 hours or more of a flight, the airline is obliged to provide assistance to its passengers, the waiting time at the airport , according to European Union regulation CE n°261/2004, which consists of:

A meal and refreshments (depending on waiting time).
The ability to make two phone calls or send two messages.
Hotel accommodation (if the flight is postponed for the next day).
Transportation between the airport and the accommodation.

Extraordinary Circumstances :

Extraordinary circumstances are defined in European Regulation 261/2004 as events which could not have been avoided by airlines, even if all reasonable measures had been taken to avoid inconvenience during flights (delay, cancellation. .).

In the aviation world, these force majeure exempts the carrier from paying compensation in the event of a delayed, canceled or overbooked flight. We find there :

Weather conditions and natural disasters : such as the eruption of a volcano, flood, strong wind…
Political instability : if there is insecurity on the ground, civil unrest, or war…
Avian collisions : a collision between an aircraft and a bird can cause damage to the aircraft, preventing it from flying safely…
Restriction of air traffic : Closing air traffic is a decision that does not depend on the airline.
Strikes: like a strike external to the airline, like : air traffic controllers, security agents, etc.

Although there are many examples of extraordinary circumstances, there are ambiguous circumstances giving rise to the right to compensation.

Exceptions :

Technical problems : aircraft maintenance is one of the responsibilities of the airline, which must ensure the safety of passengers.
Lack of staff : In fact, the company must ensure that it has a complete crew on each of its flights capable of ensuring the journey.
Strike of cabin crew (stewards and hostesses), pilots, or maintenance agents : the personnel on board are the responsibility of the company.
Strike external to the company : such as the strike of ground handling agents, if they work subcontracted or with the company.

The claim for compensation :

If you are the victim of a delayed, canceled or overbooked flight, first ensure that you are eligible for compensation, according to European Regulation 261/2004, for this:

At the airport, ask the airline staff the reason for the inconvenience; if it is not caused by an extraordinary circumstance, you are entitled to financial compensation.
Make sure to keep your travel documents (boarding pass, reservation confirmation, etc.). The airline may ask for them when you submit a compensation claim.

Please note that the airline can offer you a travel voucher, if you find that it is of less value than what you are owed, do not hesitate to refuse. If not, it’s up to you!

If your wait at the airport results in additional costs, which have not been covered by the carrier, be sure to keep the receipts: the airline is required to reimburse you for these costs as well, in addition to the compensation.

Complete the compensation form directly on SkyCompensation