Your Legal Rights Under EU Regulation 261/2004

EU261 establishes a comprehensive framework of passenger rights that goes far beyond simple compensation payments, creating a system of protection that covers everything from immediate care during disruptions to long-term financial recovery for travel impacts. The regulation's strength lies in its mandatory nature—airlines cannot avoid these obligations through ticket terms, fare restrictions, or voluntary policies.

Coverage and Applicability Rules

EU261 applies to all flights departing from airports in the European Union, regardless of the airline's nationality or destination. This means a United Airlines flight from London to New York receives the same EU261 protection as a Lufthansa flight from Berlin to Munich. The regulation also covers flights arriving in the EU when operated by EU-based airlines, extending protection to routes like Air France flights from New York to Paris.

The European Union for EU261 purposes includes all 27 current member states plus Iceland, Norway, and Switzerland through the European Economic Area agreement. Following Brexit, the United Kingdom operates its own equivalent regulation (UK261) that mirrors EU261 provisions but applies specifically to UK airports and UK-based airlines.

EU261 covers approximately 4,000 airports worldwide through departure coverage and thousands more through arrival coverage on EU-based carriers. This extensive reach means that many passengers who don't consider themselves to be taking "European" flights actually receive EU261 protection for their international travel.

Compensation Thresholds and Amounts

EU261 compensation operates on a distance-based system that provides fixed amounts regardless of ticket price, creating a uniquely passenger-friendly framework. Flights up to 1,500 kilometers qualify for €250 compensation when delays exceed 3 hours or cancellations occur with insufficient notice. Flights between 1,500-3,500 kilometers, or EU internal flights over 1,500 kilometers, qualify for €400 compensation. Long-haul flights exceeding 3,500 kilometers trigger €600 compensation.

These amounts apply per passenger, meaning families and groups multiply compensation by the number of travelers. A family of four on a delayed long-haul flight could receive €2,400 in compensation, regardless of whether they paid €200 or €2,000 per ticket originally.

Care and Assistance Obligations

Beyond direct compensation, EU261 mandates comprehensive care and assistance during flight disruptions. Airlines must provide meals and refreshments appropriate to the delay duration, hotel accommodation when overnight stays become necessary, transportation between airports and accommodation, and free communication (phone calls, emails, or faxes) to inform others of the disruption.

These care obligations apply immediately when delays exceed certain thresholds: 2 hours for flights up to 1,500km, 3 hours for flights between 1,500-3,500km, and 4 hours for flights over 3,500km. Airlines that fail to provide required care must reimburse reasonable expenses passengers incur independently.

Right to Choose: Refund or Rebooking

When flights are cancelled or delayed significantly, passengers have the right to choose between full refunds of their ticket costs or rebooking on alternative flights at no additional charge. This choice is independent of compensation rights—passengers can receive both compensation and either refunds or rebooking depending on their preferences.

The right to refunds applies even to non-refundable tickets and promotional fares, effectively overriding original purchase restrictions when airlines fail to provide contracted services. Airlines must process refunds within 7 days for cash payments and 20 days for credit card refunds.