Air travel often brings unplanned situations, such as flight delays or cancellations. While these situations can be stressful, it’s important to know your rights and options for reimbursement, compensation, or an alternative flight. Here’s what you can expect if your flight is delayed or cancelled, as well as what your legal entitlements are according to applicable regulations.
EU Regulation 261/2004 – Your Rights as a Passenger
For passengers flying from or to the European Union (EU), regardless of the airline, basic protection is provided by EU Regulation 261/2004. This regulation defines passengers’ rights in cases of flight delays, cancellations, and denied boarding. The regulation applies to flights within the EU, as well as flights from the EU to third countries, and from third countries to the EU.
What to Do in Case of a Flight Delay?
If your flight is delayed by more than 2 hours (depending on the flight distance), you have the right to certain entitlements: Provision of food and drink – If the delay is more than 2 hours for short flights (up to 1,500 km), or more than 3 hours for flights up to 3,500 km, the airline must provide you with meals and drinks. Compensation for delay – If the delay is over 3 hours and it was not caused by extraordinary circumstances (such as weather conditions, political instability, or a strike that the airline could not control), you are entitled to financial compensation:
250 EUR for flights up to 1,500 km 400 EUR for flights within the EU over 1,500 km and flights up to 3,500 km 600 EUR for flights outside the EU longer than 3,500 km
If the delay is more than 5 hours (and the passenger decides not to continue traveling on the same day), the airline must offer alternative transportation or refund the ticket and provide overnight accommodation. If a replacement flight is scheduled for the next day, the airline must provide hotel accommodation and all necessary conditions for you to wait for your flight the next day.
What to Do in Case of a Flight Cancellation?
When your flight is cancelled, your rights are very clear: Notification – The airline is required to inform you of the cancellation at least 2 hours before the scheduled departure time. If the notification is delayed, the airline is required to transport you to your destination without additional costs. Compensation for cancellation – If your flight is cancelled, you are entitled to compensation unless the cancellation was caused by force majeure. The compensation amount is the same as for delays:
250 EUR for flights up to 1,500 km 400 EUR for flights within the EU over 1,500 km and flights up to 3,500 km 600 EUR for flights outside the EU longer than 3,500 km
If the flight is not provided, the airline must offer an alternative flight or the option to refund your ticket. In case of a refund, the passenger can claim the full amount of the ticket.
When is Compensation Not Possible?
Certain situations exempt the airline from the obligation to pay compensation. These include: Force majeure (e.g., bad weather, natural disasters, dangerous health situations such as a pandemic) Political unrest or terrorist attacks. Technical problems that were not caused by the airline’s fault. However, if the delay or cancellation is a result of an airline’s error (e.g., due to poor maintenance or negligence), the airline is obligated to provide compensation.
How to File a Claim for Refund or Compensation?
The first step is to contact the airline. Most airlines have specific forms for filing claims for refunds or compensation on their websites. Collect all relevant flight information (flight number, date, proof of delay or cancellation) and keep receipts or evidence of expenses incurred due to the delay (e.g., meals, drinks, accommodation). Generally, passengers have the right to file a compensation claim within 2 years from the date of cancellation or delay.
Regulatory Authorities and Consumer Assistance
If you disagree with the airline’s response or believe your rights have not been respected, you can contact: The National Civil Aviation Authority or Consumer Protection Organizations You can also seek help from non-governmental organizations and advisory services that deal with passenger rights.
How to Speed Up the Process?
Here are a few tips that may help speed up the compensation claim process: Use online platforms – There are websites and apps that can help automatically file compensation claims and speed up the process. Be persistent – If your claim is rejected, you have the right to request a reconsideration or to contact the relevant authorities.
Passenger rights in the event of a flight delay or cancellation in the EU are clearly defined and protect you from unfair situations. Familiarize yourself with EU Regulation 261/2004 and always insist on your rights. If the airline refuses to pay compensation or provide a refund, do not give up, as you have the right to seek assistance from regulatory bodies. With timely information, patience, and persistence, you can ensure that your rights as a passenger are upheld.
