EU Airline Compensation Regulation
| European Union regulation | |
| Title | Regulation establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights |
|---|---|
| Made by | European Parliament and Council of the European Union |
| Made under | Art. 79(2) TEC |
| Journal reference | L46, pp. 1–7 |
| History | |
| Date made | 11 February 2004 |
| Came into force | 17 February 2005 |
| Preparative texts | |
| Reports | |
| Other legislation | |
| Replaces | Regulation (EEC) No 295/91 |
| Amended by | — |
The Flight Compensation Regulation 261/2004 is a regulation in EU law establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights. It requires compensation of €250 to €600 depending on the flight distance for delays over 4 hours, cancellations, or being denied boarding from overbooking. Shorter delays mean a percentage of the full compensation. Airlines must provide refreshments and accommodation where appropriate. The Court of Justice of the European Union has interpreted passenger rights strictly, so that there are virtually no exceptions for airlines to evade their obligations for breach of contract.
It repealed Regulation (EEC) No 295/91, and went into effect on 17 February 2005.
The regulation applies to any passenger:
if that person has:
or
unless
It does not apply to helicopter flights, to any flight not operated by a fixed-wing aircraft, nor to flights from Gibraltar Airport. While Switzerland is not a Member State of the EU, the regulation does apply to it under bilateral agreements.
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 a flight is cancelled, passengers are automatically entitled to their choice of (a.) re-routing to the same destination at the earliest opportunity (under comparable conditions); (b.) later rerouting, at the passenger's convenience, to the same destination under comparable conditions (subject to seat availability); or (c.) 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.
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