Passenger rights on flights to/from Europe are different than ones applicable to USA-only trips; check out what you’re entitled to if your flight is delayed or cancelled, you’re bumped, or your luggage is lost or missing.
Here is a checklist of your passenger rights when you’re on a U.S. flight. Below is a discussion of what remedies you’re entitled to when you’re flying to or from Europe and a comparison between the two systems.
Introduction
E.U. Legislation 261/2004 sets out rules and a compensation structure for passengers incurring delays or cancellations, or denied boarding on flights in E.U. airspace. 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.
EU261 flight compensation rules also apply to many overseas territories of European countries, including:
French Guiana
Martinique
Mayotte
Guadeloupe
La Reunion
Saint-Martin
Madeira
Azores,
Canary Islands
Denied Boarding Remedies
If you arrive at the airport on time and have everything needed to travel (for example, passport, visa) but you’re involuntarily bumped, you’re entitled to:
- Compensation
- Choice among rerouting, reimbursement, or rebooking
- Assistance
1. Compensation
Compensation for denied boarding is as follows:
-For flights less than 1,500 km: €250
-For flights more than 1,500 km within the EU: €400
-For flights between 1,500-3,000 km: €400
-For flights over 3,000 km: €600
Note: your compensation might be reduced by 50% if you arrive only 2-4 hours later than originally scheduled.
If you’re connecting to a different airline during a layover, airlines are not required to provide compensation if the first flight is delayed and causes you to miss your connection. However, if the first flight is delayed more than three hours, you may be entitled to compensation from the airline causing the delay.
2. Choice of rerouting, reimbursement, or rebooking
In addition to compensation, the airline must offer you a choice of the following:
-Reimbursement of your ticket and a return flight to your departure airport, if you have a connecting flight
-Rerouting to your final destination
-Rebooking at a later date under comparable transportation conditions
Note: once you make your choice, you can’t change your mind.
You may also be entitled to compensation in other circumstances:
-If the airline doesn’t provide rerouting or comparable return transportation to your departure airport, the airline must reimburse the cost of your flight.
-If the airline reimburses your flight cost and doesn’t offer a choice between reimbursement or rerouting, you’re entitled to the price difference of the new flight cost.
-If you booked separate outbound and inbound flights with different airlines and the outbound flight is canceled, you’ll only receive reimbursement for the cost of the canceled flight.
-If your trip has separate airlines as part of a single reservation and the outbound flight is canceled, you are entitled to compensation. You’re also entitled to one of the following options:
-Reimbursement of your entire ticket
-Rerouting on another flight for the outbound flight
3. Assistance
If you’re denied boarding, you’re also entitled to assistance, which includes:
-Refreshments
-Food
-Accommodation if your flight requires an overnight stay
-Transportation to/from your accommodation
-Two phone calls, text messages, or emails
If the airline doesn’t provide assistance and you end up paying for these expenses, the airline must reimburse you as long as the expenses were necessary.
Canceled Flights
When your flight is canceled, you are entitled to the same three rights as though you were denied boarding:
- Compensation
- Choice between rerouting, reimbursement, or rebooking
- Assistance
Note the airline must compensate you if they notified you of a cancellation less than 14 days before your scheduled departure date. However, if the reason for the cancellation was beyond the airline’s control, they don’t have to compensate you.
You are not entitled to compensation if:
-you are notified at least two weeks prior to departure
-the airline notifies you between one and two weeks prior to departure and re-routes you so you depart no more than two hours earlier than scheduled, and arrive no more than four hours later than scheduled
-the airline notifies you less than one week prior to departure and re-routes you so that you depart no more than one hour earlier than scheduled, and arrive no more than 2 hours later than scheduled
-the cancellation was caused by extraordinary circumstances that could not have been avoided by any reasonable measure.
Flight Delays
If a flight is delayed, passengers are entitled to relevant facts about the event. They’re also entitled to refreshments served by the airline. This rule, however, only applies if the length of the delay and trip are as follows:
-two hours, if the flight is less than 1500 km/932 miles in distance
-three hours, if the flight is within the E.U. and more than 1500 km/932 miles in distance or a flight is more than 1500 km/932 miles but less than 3500 km/2175 miles in distance
-four hours, if the flight is more than 3500 km/2175 miles in distance
If a flight departs on the day after the original departure time, passengers are entitled to accommodation.
If a flight is delayed by five hours, passengers have the right to abandon their journey and receive a refund for all unused tickets, a refund on tickets used already if the flight no longer serves any purpose in relation to their original travel plan (for example, you now can’t make it to a meeting), and, if relevant, a flight back to their original point of departure at the earliest opportunity.
Lost, Damaged, or Delayed Luggage
If your checked bags are lost, damaged, or delayed, you are entitled up to €1,200 in compensation from the airline. However, you aren’t entitled to compensation if the damage was caused by a product defect.
The airline is also responsible if it damages your carry-on bag.
A damage claim must be filed within seven days. A delayed/lost bag claim must be filed within 21 days. (Claims are filed directly with the airline.)
Twist’s Take: Know your rights! E.U. law entitles you to compensation in the event of flight delay, bumping, baggage loss, and other situations when traveling to/from the EU.
