Who Is Covered by the Regulation?

EU Regulation 261/2004 covers all passengers departing from airports located in EU member states, regardless of nationality, as well as passengers arriving at airports located in EU member states, provided the flight is operated by an airline based in the European Union.

It is important to note that the Regulation applies to any passenger or airline, whether low-cost or not. Other important points that are also covered by the regulation:

• Passengers with tickets obtained through customer loyalty programs;
• Passengers with tickets obtained through point programs;
• Passengers with tickets obtained through mileage programs;
• Passengers on package tours;
• Passengers traveling for business;
• Children (with paid tickets*);
• Passengers traveling with free or discounted tickets available to the general public.

*Young children with free tickets are not entitled to compensation or any reimbursement established in the Regulation.

Who Does the Regulation Not Apply To?

Exclusions under Regulation 261 are rare, but they do exist. For passengers to lose their right to claim compensation, at least one of these two options must apply:

• Passengers traveling with free or reduced fares not available directly or indirectly to the general public.
• Passengers who did not arrive at the check-in counter in time to check in. Except in exceptional cases, passengers must present themselves at the check-in counter at least 45 minutes before departure time (except in case of cancellation).

Why Does the European Regulation on Air Passenger Rights Exist?

With the unstoppable increase in the number of flights worldwide, it became clear that guidelines, rights, and duties needed to be established for both airlines and passengers. From this premise, European Regulation 261 emerged in 2004.

With the growth of flight-related problems — especially cancellations and delays — the European Union decided to review and update airline policies and procedures, aiming to improve flight management and reduce occurrences of issues affecting passengers.

Since the regulation, airlines have invested heavily in technology to improve flight planning, stricter aircraft maintenance, and better communication and support practices for affected passengers.

Although flight-related issues still exist, there has been clear improvement in the sector, both in preventing problems and in addressing them when they occur.

What Does Regulation 261 Establish?

Regulation 261 establishes rights and compensations for air passengers in cases of denied boarding, flight cancellations, or significant delays. It provides common rules to ensure passengers receive adequate assistance and, when necessary, financial compensation, depending on the circumstances of the issue faced. The regulation also defines airline responsibilities and criteria for applying these rights and compensations.

• Clear and timely information about cancellations and passenger rights, provided by the airline;
• Adequate assistance from the airline, which may include meals, communications, and accommodation if necessary;
• The possibility to cancel or change flight reservations in cases of cancellations or significant delays;
• Receiving compensation between €250 and €600, depending on flight distance and delay duration.

Rights in Case of Flight Cancellation

According to Regulation (EC) No. 261/2004 of the European Parliament and Council, in case of flight cancellation, passengers are entitled to:

• A ticket refund within seven days or rerouting to the final destination under similar conditions;
• Adequate assistance, including meals, communications, and accommodation if necessary, while waiting for the next available flight;
• Financial compensation, depending on flight distance and delay duration at the final destination, unless the cancellation was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

Rights in Case of Flight Delay

In cases of flight delays, what differentiates them from the rights in case of a canceled flight is the amount of time the passenger has to wait before being able to fly. These rights can be found in Articles 6, 7, and 9 of Regulation 261 EC.

• Adequate assistance, such as meals, communications, and accommodation. It will be offered based on the duration of the delay and the flight distance.;
• If the delay is at least five hours and the passenger chooses not to travel, the right to a refund of the ticket price within seven days;
• Financial compensation for flight cancellation, which varies based on distance and delay at the destination, except in extraordinary circumstances.

Rights in Case of Overbooking, Downgrade, and Denied Boarding

In cases of overbooking (selling more tickets than available seats) or downgrade (when a passenger is moved from a higher to a lower class), passengers are entitled to:

• An offer of financial compensation or a ticket refund, depending on the issue faced;
• The possibility of rerouting to the final destination under similar conditions or a refund for unused tickets;
• Adequate assistance, such as meals, communications, and accommodation if necessary, depending on the delay duration and flight distance.

These rights are established in Articles 5, 7, and 9 of Regulation 261.

When Can I Receive Compensation Under Regulation 261/2004?

To claim compensation from the airline, your flight must have been affected by one of the following issues:

• Delays: If your flight arrives at its destination 3 hours or more late;
• Cancellations: If you were informed of the cancellation less than 14 days before departure;
• Overbooking: If overbooking prevents you from boarding, effectively denying you boarding;
• Missed Connection*: If you arrive at the final destination 3 hours or more late due to missing a connecting flight.

What Compensation Amount Is Stipulated in the Regulation?

The compensation amount depends exclusively on the flight delay duration, the distance between the origin and destination, or the cancellation reason. Whether you spent €1,000 or €10,000 on a flight, your rights remain the same and are not determined by the ticket price.

See the table below for compensation amounts based on flight distance:

Additionally, if your flight was canceled less than 14 days in advance, you may also opt for compensation.

The compensation mentioned above must be paid in cash, electronic bank transfers, bank payment orders, checks, or, with the passenger's written consent, travel vouchers.

Very important: If the airline places the passenger on an alternative flight, compensation will be reduced by 50% if the arrival time does not exceed the originally scheduled time of the booked flight by:

• 1. Two hours for flights up to 1,500 kilometers;
• 2. Three hours for intra-Community flights over 1,500 kilometers and all other flights between 1,500 and 3,500 kilometers;
• 3. Four hours for flights not covered by points 1 or 2.

Airlines Must Inform Passengers of Their Rights

Article 14 of the Regulation, 'Obligation to inform passengers of their rights,' states that all airlines must clearly and fully communicate passenger rights. This must be done via alerts at check-in, written notices in case of delays, and updated information on their websites.

Additionally, the airline must distribute informational leaflets on passenger rights, including compensation and assistance rules, to each passenger affected by a delay of at least two hours.

In the case of passengers with special needs (PNS), the airline must follow the same protocol, using appropriate alternative methods.

How Can I Obtain My Compensation?

To claim compensation on your own, we recommend following these 5 steps:

Step 1: Check if your flight is eligible. In many cases, we believe we are entitled to compensation, but unfortunately, we do not meet the criteria.

Step 2: If your flight is eligible, contact the airline. This can be done through various communication channels, as the company is responsible for providing them.

Step 3: If your issue was communicated to the company but not resolved, contact the official aviation authority in the country where the issue occurred.

Step 4: If the authority cannot mediate an agreement, the final step is to take legal action against the airline.

Step 5: At this stage, you will incur costs to file a case and no guarantee of success. A judge will decide whether the case is favorable to you or the airline. If the airline wins, you will bear the legal costs.

However, if you're unsure where to start, the best communication channels with the airline, or even pursuing legal action, we recommend hiring a professional in the field who can not only help streamline the process but also save you the headaches these situations can bring.

If you choose to proceed through Iklaim, all you need to do is send the relevant documentation to our team and wait for our contact. We will handle all communication, agreements, and payments. And don't worry — we won't charge you until the final decision. We only win if you win!

Extraordinary Circumstances in Flight Cancellations and Delays

Based on the Montreal Convention of 1999*, paragraph 14 of the European Regulation 261/2004 establishes that if the airline is not responsible for the delay or cancellation, it is not obligated to compensate passengers. Extraordinary circumstances exempt airlines from paying compensation. See a table of possible extraordinary circumstances:

*If your issue involves lost, damaged, or delayed baggage, your rights are governed by the Montreal Convention.

What Are Extraordinary Circumstances?

Extraordinary circumstances are situations that prevent airlines from adhering to the original flight plan, even after taking all reasonable measures to avoid the delay or cancellation, as defined by the regulation.

Problematic Example:

A common misuse of the 'extraordinary circumstances' claim is maintenance delays without prior notice. While passengers are entitled to compensation in this situation, proving it can be challenging.

CJEU Ruling and New Airline Responsibilities:

According to the European Court of Justice (CJEU) ruling of June 11, 2020 (Case C-74/19), airlines must prove they took all possible measures to relocate affected passengers as quickly as possible.

Airlane Obligations:

• Demonstrate that it was impossible to relocate passengers on faster connecting flights.
• Consider relocation on other airlines' flights, both direct and connecting.
• Evaluate alternative transportation options, such as buses, trains, or taxis, to bring the passenger to the final destination more quickly.

With the new CJEU jurisprudence, passengers have a better chance of receiving compensation for delayed or canceled flights caused by 'extraordinary circumstances.'

Reminder:

• Keep all flight-related documentation, such as tickets, boarding passes, and expense receipts.
• Contact the airline to request compensation.
• If needed, consult a lawyer specializing in consumer rights.

What Are My Rights If I Have to Wait Many Hours at the Airport?

• In addition to possible financial compensation, passengers should — and must — expect basic assistance from the airline in case of canceled or delayed flights. The regulation specifies the type of assistance as follows:

Which Countries Are Part of Regulation 261 of 2004?

Since its implementation, no new countries have been added to the regulation, but its application and interpretation may be subject to updates and judicial decisions over time. Unlike Mercosur, which has no common law for all countries — in Brazil, we rely on ANAC Resolution 400 — Regulation 261/2004 is valid for the following countries:

Greece

Croatia

Luxembourg

Hungary

Netherlands

Romania

Estonia

Bulgaria

Lithuania

Slovakia

Germany

Poland

Finland

Italy

Sweden

Latvia

Austria

France

Cyprus

Portugal

Denmark

Belgium

Spain

Slovenia

Malta

Ireland

Czechia

Iceland*

Norway*

Switzerland*

Countries not part of the European Community but also governed by Regulation 261/2004.

In total, 30 countries are part of the Regulation. In cases of flights departing outside these countries, the airline must be community-based (legally based in Europe). Otherwise, Regulation 261/2004 will not apply.