EU flight-delay compensation ruled available to more U.S.-bound passengers.
The European Union has a really consumer-friendly policy when it comes to what compensation passengers are entitled to in the event that their flight is significantly delayed or canceled.
E.U. Legislation 261/2004 sets out a compensation structure for passengers incurring delays or cancellations, or denied boarding, on flights in E.U. airspace. I’ve written about the specifics here. (For example, if your long-haul flight is delayed by at least four hours, you could be entitled to €600.)
Here is a quick summary of EC261’s provisions:
-EC261 applies to all flights and onward connections leaving Europe.
-EC261 only applies to flights by European airlines when flying to Europe.
-The longer the flight, the higher the compensation. Delays start at three hours.
-Delays of four hours or more for long haul flights earn the highest compensation.
-Compensation is available for flights cancelled within 14 days of travel, too.
-Payment method is unimportant; points or cash, the rules are the same.
-Compensation isn’t due when delays are caused by “extraordinary events,” such as weather or government shutdowns.
In contrast, in the USA and other parts of the world, airlines are free to compensate you (or not!) as they deem appropriate, with no guaranteed obligations or legal requirements.
While this is an E.U.-promulgated law, it also covers airspace related to countries that aren’t part of the E.U. including Iceland, Norway, and Switzerland. What is new? it now extends to some domestic flights in the U.S., on U.S. airlines. (Ditto, Middle Eastern airlines, too.)
What are the specifics of the compensation extension?
Most airlines flying between the US and Europe have partnerships on the opposite side, to help serve more destinations and provide more flights. That’s generally great for air travelers, as it creates more non-stop and one-stop flights. For example, Delta pairs with Air France, KLM, and Virgin: American has British Airways, Iberia, and Finnair: United has joined up with Lufthansa, Swiss, and Austrian.
Last year, the European Court ruled onward connections elsewhere that are part of the same ticket when leaving Europe are subject to the protections of EC261. The initial “onward flight” case was brought in 2018 against Emirates; a flight left Europe on time, but the onward flight from Dubai was significantly delayed by more than four hours. In 2019, Etihad was sued over compensation for onward delays; that decision clarified the rules as to who was responsible for compensation when multiple airlines are involved. That case opened the door to the first case for compensation for the delay of a domestic US flight.
The U.S.-based case involved a passenger booked for travel between Brussels and San Jose, California, with a flight connection in Newark. The passenger flew from Brussels to the U.S. on Lufthansa and then from Newark to San Jose on United. The United flights ended up arriving three hours and 40 minutes late.
The court ruled because the passenger was on a single ticket and had reached his final destination later than 3 hours, compensation was due under EC261. Even though it was United, a non-European airline, that was responsible for the delay and the flight was a domestic flight within the United States, the law still applied. United was liable for a €600 payment per passenger.
So if a passenger is flying on a single itinerary—that is, a one ticket—if they are delayed in arriving at their final ticketed destination by more than three hours, they are entitled to compensation. It doesn’t matter if the onward airline isn’t European, or the connecting flight was between two non-European cities. If a trip is longer than 3500 kilometers (2,174 miles), and the passenger’s arrival is delayed by four hours or more, the passenger is due €600 (about $650 USD).
Twist’s Take: If you’re flying from Europe and have an onward connection that’s part of the same ticket, and you’re delayed more than three hours, you can seek compensation from the airline under EC261.
