Guide to obtaining compensation for delayed, cancelled or denied boarding flights
Air passenger rights in the European Union
In an international context of increasing air travel, passenger rights are protected by Regulation (EC) No 261/2004 of the European Parliament and of the Councilwhich lays down common rules at Community level on compensation and assistance in the event of unpleasant incidents on flights. The main rights enjoyed by air passengers are the right to compensation, the right to reimbursement or re-routing and care, and the right to information.
So, if you have experienced a denied boarding, a cancellation, or a long delay of your flight, you may be eligible for compensation under the European provisions of Regulation 261/2004, which you can obtain yourself by taking into account what we will present in this guide.
What procedures must be followed to obtain rights under Regulation (EC) No 261/2004?
- Territorial eligibility check
Regulation EC 261/2004 applies to all flights whose initial destination is a European Union state, regardless of whether the final destination is another Member State or a state outside the European Union. It also applies to flights departing from a third country to an airport situated in the territory of a Member State, as long as the air carrier is an airline established in the territory of the Union.
In Regulation 261/2004, the situation of a flight with several connections, where only the initial State of departure is a Member State, is also not excluded. In this case, the distance will be determined on the basis of the last destination to which the passenger will be delayed, regardless of the flight segment during which the delay, cancellation or denied boarding occurs.
- Verification of eligibility in terms of the incident occurring during the flight
According to Regulation 261/2004, cancellation, long delay and denied boarding are incidents giving rise to a right to compensation as long as they do not arise due to exceptional circumstances which could not have been avoided despite all possible measures having been taken. Such circumstances would be, for example, the existence of weather conditions that make it impossible to conduct the flight, the existence of security problems relating to the flight in question, or situations where the conduct of flights is affected by the declaration of a national state of emergency, as happened with the cancellation of flights due to COVID.
We recommend that if your flight is delayed or cancelled, you try to find out at the airport what the reason is.
Flight Cancelled
According to Regulation 261/2004, in case of a cancelled flight, you can choose one of the following options:
- Reimbursement of the cost of the flight ticket and a return flight to the original point of departure as soon as possible;
- Redirect to the destination as soon as possible; or
- Redirect to the destination at a chosen later date.
You can receive compensation for a cancelled flight from the airline if none of the following conditions have been met:
- Airline notified passengers of cancelled flight at least 14 days before departure
- The airline notified passengers of the cancelled flight one to two weeks before the departure date and rerouted passengers so they could:
- Leave no more than 2 hours earlier than originally scheduled
- Arrive at your destination no more than 4 hours later than your original scheduled time
- The airline notified passengers of the cancelled flight less than 7 days before the scheduled departure time and rerouted passengers so they could:
- Leave no more than one hour before the scheduled departure time
- Arrive at their destination no more than two hours after their originally scheduled arrival time
How much is the compensation in case of a cancelled flight under Regulation 261/2004?
The amount of compensation for a cancelled flight varies between €250 and €600. This is calculated according to the distance between the point of departure and the final destination, the length of delay of the alternative flight from the original arrival time (if you agreed to an alternative flight), and whether or not the flight was within the European Union:
- For flights under 1,500 km, €125 if the delay is less than two hours, €250 otherwise
- For flights within the EU over 1,500 km or outside the EU between 1,500 and 3,500 km, €200 if the delay is less than 3 hours, €400 otherwise
- For flights outside the EU over 3,500 km, €300 if the delay is less than 4 hours and €600 otherwise
Extended Flight Delay – Delayed Flight
Under EC Regulation 261/2004 compensation can also be obtained for long flight delays. An extended delay is deemed to exist when the flight arrives at the final destination 3 hours or more later than the scheduled time.
How much is the compensation for delayed flights under Regulation 261/2004? Compensation Delayed Flight
The amount of compensation for delayed flights varies between €250 and €600. This is calculated according to the distance between the starting point and the final destination as follows:
- 250 € for flights under 1,500 km
- 400 € for flights over 1,500 km within the European Union and for flights outside the European Union between 1,500 and 3,500 km
- 600 € for flights over 3,500 km outside the European Union.
Also, under Regulation 261/2005 the airline is obliged to offer you additional benefits in case of a delayed flight, which do not interfere with your right to compensation. These are:
- Free meals and refreshments and two phone calls
- Free accommodation and transport to the hotel when the early departure time is at least one day after the originally announced departure time
If the delay is equal to, or exceeds 5 hours, you can choose between:
- Reimbursement of the cost of the flight ticket and a return flight to the original point of departure as soon as possible;
- Redirect to the destination as soon as possible; or
- Redirect to the destination at a chosen later date.
Refusal of boarding
If you are denied boarding, you have a choice of 3 options:
- Reimbursement of the cost of the flight ticket and a return flight to the original point of departure as soon as possible;
- Redirect to the destination as soon as possible; or
- Redirect to the destination at a chosen later date.
Refusal without your will is an essential condition for benefiting from both these options and complementary compensation. This means that you are not eligible if you have voluntarily surrendered your reservation in exchange for compensation offered by the air carrier in a call for volunteers.
Compensation for denied boarding is calculated according to the distance of the flight:
- 250 € for flights under 1,500 km
- 400 € for flights over 1,500 km within the European Union and for flights outside the European Union between 1,500 and 3,500 km
- 600 € for flights over 3,500 km outside the European Union.
Careful! The distances referred to are calculated in relation to the great circle route, i.e. the shortest distance on the globe between the starting point and the final destination.
- Claiming compensation by sending a complaint to the airline that operated the flight in question
How to submit a complaint differs depending on the airline that operated your flight. Most airlines provide simplified forms on their websites to obtain compensation for cancelled, delayed or denied boarding flights.
It is essential that you keep all your travel documents, including your boarding pass and e-ticket, which may be requested by the airline when completing the form. You also need to keep the reservation number.
If you are eligible as set out above, the air carrier should provide you with the amount of benefits set out in EC Regulation 261/2004 in cash, by cheque, bank transfer, or in the form of travel vouchers, but only if you agree.
- Obtaining compensation through the courts
If the operator does not reply, or if the reply is not satisfactory, you can apply to the national court for compensation and ask the airline to reimburse the costs incurred in these proceedings.
An action for compensation following a cancelled flight, a delayed flight or denied boarding may be brought before the court of the place of departure or the competent court of the place of arrival. You can choose whether to file the claim in your own name, to instruct a firm that specialises in obtaining this type of compensation or to have a lawyer represent you in court.
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