Have you been to Europe? Have you experienced any flight cancellations or delays?
Then please read it!
I'm sure many of you are curious about the compensation rules for delayed flights in Europe.
■ What is EC 261/2004?
: EC 261/2004 is an strong regulation for passengers in the event of an aircraft cancellation or delay.
＊ Unless there is a disruption due to circumstances beyond Airline’s control, there is a need for Airline to be financially responsible.
It's a strong airline regulation in Europe.
EC 261/2004 is one of the most comprehensive laws compared to other laws regarding passenger rights.
Protects the rights of air travelers and passengers as well as European travelers.
All passengers departing from European airports are subject to EC 261/2004
In some cases, passengers leaving other parts of the world for Europe may also be guaranteed.
■ EC 261/2004 Compensation for irregulation flight operation
Passengers may be compensated in the following circumstances:
- flight delayed (more than 3 hours)
- flight cancelled (2 hours or more)
- denied boarding
■ Which flight is subject to EC 261/2004?
It's very important to know whether EC 261 is an applicable flight in relation to aircraft cancellations and delay compensation. Most routes in Europe apply.
These include not only EU airspace, but also Iceland, Norway, Switzerland and certain national islands.
(including the French territories of Guiana and Martinique, Ma Yacht, Guadlouf and La Rewinion, Saint Martin, Madeira and Ajores, and Canary Islands).
In addition, many international flights are included. When a flight departs from an airport in the EU, that flight is applicable.
If the flight originates from another location but the destination is in the EU, the coverage will be applicable to the airlines of Europe. See the table below for further clarification.
[○ : Rewards target, X : not rewards ]
■ Unable to compensate: "extra ordinary circumstance"
According to EC 261/2004, Airline will not be required to compensate for any interruption caused by an event 'special circumstances', which is beyond Airline’s control.
For example, if an aircraft is cancelled or delayed, it cannot be compensated if it is the result of one of the following:
But the situation is largely impossible and not unconditionally compensated.
Airline will still need to show that reasonable action has been taken.
For example, bad weather can be considered a special situation. However, if another airline is prepared and the delay is prevented, it still deserves compensation even if it is not delayed.
Another example is the strike. Previously, the airline’s right to strike was recognized as a basic right and regarded as an unavoidable situation.
However, in the years since the introduction of EC 261, a number of court cases have been filed that have been considered 'not extra ordinary circumstances'.
The European Court of Justice’s 2018 ruling has established a precedent that airline employee strikes cannot be considered a special situation. This means that thousands of passengers who have been affected by the airline employee strike action are now eligible for compensation.
■ Non-financial rights according to EC 261/2004
EC 261/2004 includes any other non-monetary rights associated with your treatment, in addition to the EU Airline Compensation, which is a financial incentive to be cancelled or delayed. Here are the highlights:
the duty of informing passengers of their rights
All airlines are required to display information about their rights at check-in counters at all airports in flight. This means that the customer must be informed of their right to reimbursement. However, it is absolutely not observed by Airline.
right to redeem or reroute
In addition to compensating for time loss, if the delay exceeds 5 hours, full or partial refunds of the original ticket and, if necessary, flights returning to their destination may be used.
right to be protected, In the event of a flight interruption, the carrier must provide:
Meals and refreshments during delay
Provide communications costs including telephone calls, telex or fax messages and e-mails
Provide transportation to and from hotel rooms and airports if accommodation is required
The following chart describes when these rights are available to passengers.
[Rewards Qualification Criteria]
■ Upgrade and Downgrade
If an alternate flight is provided and you are placed on a higher rating than one flight reserved, Airline will not be able to charge additional fees.
On the other hand, if the replacement flight has a lower class, you will receive a repayment between 30 percent and 75 percent of the original price paid.
■ additional compensation
Compensation rights under EC 261/2004 do not affect the right to request additional compensation.
That is, the traveler's insurance coverage that many people are curious about is one thing, and the airline's compensation is another.
In other words, if the arrival time is delayed due to the cancellation or delay of the flight, you will receive both compensation.
■ EU 261/2004 Claimable Period
This is often the way airlines refuse compensation.
There are airlines that claim that only compensation can be made within two years based on airline regulations, as you know, by civil law, rather than by airline internal regulations.
Of course I do. As a result, you will know exactly how long your flight is available by knowing which country it is due to arrive.
The term of the reimbursement right under EC 261 varies from country to country.
It should be noted that the country is not determined by nationality, but by the jurisdiction of the court in relation to Airline’s headquarters location or Airline.