Applicability
The regulation applies to any passenger: * departing from an airport located in the territory of a Member State to which the Treaty applies; *:The protection accorded to passengers departing from or to an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight and where a community carrier is defined as any carrier licensed to operate within that community. *departing from an EU/EEA member state, or *travelling to an EU/EEA member state on an airline based in an EU/EEA member state if that person: *has a confirmed reservation on the flight, and *arrived in time for check-in as indicated on the ticket or communication from the airline, or, if no time is so indicated, no less than 45 minutes prior to the scheduled departure time of the flight or *has been transferred from the flight for which he/she held a reservation to some other flight unless *the passenger is travelling on a free or discounted ticket not available to the general public, other than a ticket obtained from aDenied boarding
Before denying passengers boarding involuntarily, the airline is required to first seek volunteers to give up their reservation in return for whatever benefit is negotiated between the airline and the volunteers. Irrespective of such negotiation, such volunteers are also entitled to reimbursement or rerouting. If insufficient volunteers are obtained, the airline may then proceed to involuntarily deny passengers the right to board their flight. All passengers so denied must be offered all three types of compensation and assistance. If the passenger is denied boarding for reasons of health, safety and security, or inadequate documentation, the passenger is not entitled to compensation or assistance.Cancellation
If a flight is cancelled, passengers are automatically entitled to their choice of # re-routing to the same destination at the earliest opportunity (under comparable conditions); # later rerouting, at the passenger's convenience, to the same destination under comparable conditions (subject to seat availability); or # a refund of the ticket as well as a return flight to the point of first departure, when relevant. Any ticket refund is the price paid for the flight(s) not used, plus the cost of flights already flown in cases where the cancellation has made those flights of no purpose. Where applicable, passengers are also entitled to refreshments, communication and accommodation as described below. Where re-routing is to another airport serving the same destination, the airline must pay for onward transport to the original airport or to a close by destination agreed with the passenger. These choices, and the entitlement to refreshments, etc., apply to all cancellations, regardless of whether the circumstances are extraordinary or not. It is unclear whether "the earliest opportunity" requires airlines to endorse a ticket onto another carrier. The airline is also required to pay cash compensation as described below, unless one of the following conditions applies: *the airline notifies the passengers at least two weeks prior to departure *the airline notifies the passengers between one and two weeks prior to departure, and re-routes passengers so that they can: **depart no more than two hours earlier than scheduled, and **arrive no more than four hours later than scheduled *the airline notifies the passengers less than one week prior to departure, and re-routes passengers so that they can: **depart no more than one hour earlier than scheduled, and **arrive no more than two hours later than scheduled *the cancellation was caused by extraordinary circumstances that could not have been avoided by any reasonable measure. The airline must also provide an explanation to passengers of alternative transport.Flight types
The requirements for an entitlement to compensation and the specific amount owed depend on the length of a flight, whereas the relevant distance is determined according to theDelays
Passengers are entitled to refreshments and communication if the expected delay of the arrival exceeds: *two hours, in the case of a type 1 flight, *three hours, in the case of a type 2 flight, or *four hours, in the case of a type 3 flight. Furthermore, if the flight is expected to depart on the day after the original scheduled departure time, passengers are entitled to accommodation. If a flight is delayed by five hours, passengers are additionally entitled to abandon their journey and receive a refund for all unused tickets. They may also ask for a refund on tickets used already if the flight no longer serves any purpose in relation to their original travel plan, and, if relevant, a flight back to their original point of departure at the earliest opportunity. Flight delay is based on the scheduled arrival time. This is defined as when the doors are opened on the plane and not when it lands (as some airlines may claim). Although not set out in the text of the regulation, a series of court cases created a rule that in case of an arrival delay of more than 3 hours, passengers are entitled to cash compensation, unless the delay is caused by extraordinary circumstances. Unlike the entitlements to refreshments, communication, or accommodation, this 3-hour threshold does not scale with the distance of the flight. In October 2017, an EU Court of Appeal confirmed the UKCompensation and assistance
There are three broad categories where airlines may be required to make payments or otherwise assist passengers, in cases of delays, flight changes/cancellations or denied boarding.Cash compensation
If the requirements for a compensation are met, Article 7 of Regulation (EC) No 261/2004 obligates the operating carrier to offer each passenger a lump-sum payment of: # €250, in the case of a type 1 flight; # €400, in the case of a type 2 flight; # €600, in the case of a type 3 flight. Where a passenger has been rerouted due to cancellation or denied boarding, the above amounts are payable if the passenger's actual arrival time is delayed beyond the scheduled arrival of their originally booked flights, by two/three/four hours for type 1/2/3 flights respectively. But if rerouting only delays the passenger by less than these thresholds, half of the specified amounts are payable as compensation. Said cash payments merely serve to compensate a traveller's inconvenience and do not replace or form a part of any potential reimbursements for unused tickets, trips in vain, additional transport costs, meals and accommodation. Airlines are not obliged to provide cash compensation in the case of extraordinary circumstances which could not have been avoided even if the airline took all reasonable precautions, according to Article 5, Paragraph 3.Rerouting or refunding
Rerouting or refunding is, at the passenger's choice, one of the following three reimbursements: #Repayment of the cost of unused flight tickets, and for used tickets where the flight(s) taken no longer serve(s) any purpose in relation to the passenger's original travel plan, and where applicable, a flight back to the original point of departure at the earliest opportunity #Rerouting under similar conditions to the intended final destination at the earliest opportunity #Rerouting under similar conditions to the intended final destination at the passenger's leisure, subject to the availability of seats. If a passenger's destination is an airport at a city with multiple airports and rerouting results in the passenger being taken to another of those airports, the airline must also pay for transport for the passenger to the original intended airport or an agreed nearby destination.Refreshments, communication and accommodation
When passengers become entitled to assistance, they must be offered, free of charge, *Meals and refreshments in proportion to the waiting time *Two telephone calls, fax or telex messages, or emails *Hotel accommodation and transport between the airport and the hotel, if a stay of one or more nights, or a stay additional to that intended by the passenger becomes necessary In the case of a delay, the airline may withdraw or abrogate these entitlements if offering them would delay the flight further.Upgrades and downgrades
If a passenger is placed in a higher class than that for which a ticket was purchased, the airline may not request any additional payment. If a passenger is placed in a lower class than that for which a ticket was purchased, the airline must refund 30/50/75% of the cost of the ticket for type 1/2/3 flights. For the purpose of this condition, flights to the French overseas departments are not considered to be within the European Union. It is unclear whether the refund relates to the price of the entire ticket, or the segment on which the passenger was downgraded.Method of refund
Refunds and compensations payable under this regulation may be paid inObligation to notify passengers
Airlines are obliged to display a notice at their check-in counters stating: :"''If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.''" Additionally, when an airline cancels a flight, denies a person boarding, or incurs a delay exceeding two hours to a flight, it is obliged to provide each passenger affected with a written notice setting out their rights under the regulation, and the contact details of the national body tasked with enforcing the regulation.Relevant court cases
In the case '' Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA'' (Case C-549/07) of 22 December 2008, the"Articles 5, 6 and 7 of Regulation EC 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier."The fourth Chamber also ruled that under the definition of "extraordinary circumstances", technical faults within an aircraft should not be included and therefore an air carrier cannot rely on a technical fault within an aircraft as a defence from a valid claim under the Regulation, "unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control". Various passenger rights groups reported the case and encouraged passengers to bring claims against airlines in the event of a delay of over three hours. The Sturgeon ruling was reconfirmed in a ruling of the European Court of Justice on 23 October 2012 in ''
Intermediaries
The general difficulties claiming from airlines directly has led to the rise of online intermediaries that operate on a "no-win, no fee" basisBrexit and British consumers
In preparing forFuture developments
In 2013 the European Commission proposed a number of revisions to the regulation, which have not yet been adopted as of 2021: *Airlines will be obliged to inform passengers about flight delays within 30 minutes after the scheduled departure time *The definition of "extraordinary circumstances" will be further clarified to include natural disasters or air traffic control strikes, and to exclude technical problems identified during routine maintenance *With respect to compensation for long delays, which was never explicitly stated in the original regulation but added by the European Court of Justice, a threshold of five hours for type 1 and 2 flights, 9 hours for type 3 flights up to , and 12 hours for longer flights will be established. *The right to refreshments and communication will become applicable after two hours irrespective of the length of flight. *An explicit right to refreshments, communication, accommodation, and assistance will be added for circumstances where passengers experience a delay at their final destinations due to the late arrival of connecting flights. *Airlines will be required to reroute passengers on another carrier if they cannot accommodate them themselves within 12 hours after the scheduled departure time. *Airlines will be obliged to give passengers access to toilets, drinking water, air conditioning, and medical assistance after a tarmac delay of one hour or more and refreshments after two hours, and to permit passengers to disembark after a tarmac delay of five hours or more. *Rescheduling of a flight within two weeks before its departure time will give rise to the same rights as a cancellation. *Passengers will be entitled to corrections of misspelt names free of charge except within 48 hours of departure. *Airlines will be prohibited from cancelling the return leg of a ticket for reason only that a passenger has failed to use the outbound leg. *Airlines will be required to give passengers full compensation for mobility equipment lost or damaged during a flight, provided its value was declared at check-in. No charge may be applied for this. *Forms must be provided at the airport to customers wishing to submit complaints, and these must be accepted as valid claims under the regulation. *Airlines will be required to accept small musical instruments as cabin baggage and publish the conditions under which they will accept larger instruments. *Airlines will be obliged to inform passengers of cabin and checked baggage limitations clearly at the time of booking and at airports. *Airlines will not be required to pay for accommodation of passengers for more than three nights in the event of major disruptions out of their control causing delays or cancellations, except for passengers with reduced mobility, passengers accompanying them, unaccompanied minors, pregnant women, and passengers with specific medical needs. Other than for these types of passengers, delays and cancellations on flights less than and on aircraft with fewer than 80 seats will no longer give rise to a right to accommodation. *Airlines and airports will be required to prepare contingency plans for dealing with passengers stranded in large-scale disruptions.See also
* EU law * Rail Passenger Rights Regulation 2007 * Bus Passenger Rights Regulation 2011 *References
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