Even today in 2024, many travellers don’t know enough about their rights under the European Union’s EC261 regulation.
For example, a lot of people still think it only benefits Europeans. That’s not correct. This rule covers all passengers. It’s made to guard the rights of air travellers, outlining what you can get if your flight is delayed or cancelled. Because of this rule, you can get help and money from the airline. Your nationality doesn’t matter.
In this post, we’ll clear up some common misunderstandings about EC261.
What Is EC261 Regulation?
The EC261 Regulation is an EU law that sets out the rights of passengers when their flights are disrupted.
For instance, if your flight is delayed by three hours or more, cancelled with less than two weeks’ notice, or overbooked, in many cases, you are entitled to flight compensation.
The compensation amount is based on the flight distance.
Does EC261 still apply in the UK? Yes, it does.
Learn more: Understanding Passenger Rights Under the EC261 Regulation
Misconception 1: Compensation is Guaranteed for All Delays (It Isn’t)
Understanding Compensation Criteria
Many travellers think they will get compensation for any flight delay, but that’s incorrect.
Regulation EC261 outlines that delays must exceed three hours for passengers to be eligible for compensation. Additionally, the reason for the delay must be something the airline could have avoided, such as technical or staffing issues, including airline staff strikes.
Extraordinary Circumstances
Flights delayed or cancelled due to exceptional situations like bad weather, political unrest, or security threats are not considered for compensation.
Airlines are not responsible for extraordinary circumstances.
It’s crucial to understand these exceptions to set realistic expectations.
The Role of Airline Responsibility
To qualify for a claim, the delay must happen because of issues the airline could prevent, like technical problems or operational errors. Staffing issues and airline staff strikes are part of the airline’s responsibility.
Knowing these details helps you identify when you can claim compensation.
Misconception 2: Only EU Citizens Can Claim Compensation (Everyone Can)
Who Can Claim Under EC261?
EC261 covers all passengers, no matter their nationality, as long as they are on an eligible flight. This rule aims to benefit a wide variety of travellers.
Flights Covered by EC261
The regulation applies to flights that leave from any EU airport, no matter where the airline is from, and flights that land in the EU are operated by EU-based airlines.
- If the airline is European, these rules apply to all their flights.
- For non-European airlines, these rules only apply to flights departing from the EU.
By Europe and EU here on this page we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.
Misconception 3: Compensation Is Coupons (No, You Can Ask for Money)
Different Forms of Compensation
Yes, airlines might give vouchers or other services as a form of compensation.
However, you have the right to request cash if you prefer that.
This also applies to flight cancellation refunds (if the airline cancels your flight).
The Value of Vouchers
Vouchers can come with limitations, such as expiration dates or what they can be used for. Knowing these conditions can help you decide whether to accept them.
Also, be aware of the voucher’s worth.
Misconception 4: Claims Must Be Filed Immediately (No, It Can Be Done Later)
Time Limits for Filing Claims
EC261 gives you the right to file claims many years after the flight disruption, depending on the rules of the country where you make the claim. Yes, you can still claim for past flights.
Many European countries give passengers 2-3 years from the flight disruption to make a claim. In some places, the time limit is even longer, such as 5-6 years, but generally, it is 3 years.
Seeking Assistance
If you are not certain about how to proceed, think about getting help from companies that specialize in EC261 claims. They can offer valuable advice and support.
You can fill in our claim form, and we’ll pass the claim to our experts.
Misconception 5: Only Big Airlines Follow EC261 (No, The Rules Are the Same for All Airlines)
Universal Compliance
All airlines flying within the EU must follow EC261, no matter their size. This universal compliance ensures equal treatment for all passengers, even those flying with budget airlines.
The rules are the same for KLM, Ryanair, Turkish Airlines, and Lufthansa. Charter airlines must also stick to these rules.
Reporting Non-Compliance
If an airline doesn’t follow EC261, report the issue to the relevant authorities.
In the European Union, these authorities are known as National Enforcement Bodies.
Your actions can help make sure the regulation is enforced and protect other travellers.
Misconception 6: The Airline Will Cover All Extra Expenses, Too (Not True)
Compensation Limits
Besides compensation, you often have a right to care.
This right covers certain expenses related to the delay, including food and accommodations. If the airline doesn’t provide these services when needed, you can pay for them and then ask to be reimbursed for the additional costs. Bear in mind that only essential expenses are covered.
It may not cover every cost you incur.
Keeping Receipts
Keep the receipts and records of all costs caused by the disruption.
These could be important for getting the money from the airline.
Having Travel Insurance May Help You
It’s not required, but having insurance may help you get more compensation than what the airline has to provide in case of flight disruptions.
Moreover, having reliable insurance is always a wise choice.
Misconception 7: EC261 Covers All Flight Issues
Scope of EC261
EC261 only deals with delays, cancellations, and denied boarding.
It does not cover problems like lost baggage or complaints about the service during the flight.
Additionally, it doesn’t apply everywhere or with all airlines.
Knowing Other Regulations
Get to know other rules and policies that cover different parts of air travel. For instance, when flying with non-European airlines or from non-European airports.
This information will make you feel more in control and give you a better sense of security.
Misconception 8: Children Are Not Eligible for Compensation
Equal Treatment for All Passengers
EC261 covers every passenger, including infants and children.
They have the same right to compensation as adults for flight disruptions.
Including Children in Claims
When you submit a claim, make sure to list all passengers affected, no matter their age.
This guarantees you get the full compensation you deserve.
You can submit a claim on their behalf even if you were not on the flight yourself.
Misconception 9: Refunds Are the Same as Compensation
Distinguishing Refunds from Compensation
Refunds mean getting back the amount you paid for your ticket.
But compensation is intended to cover any hassle caused by delays or cancellations. Understanding the difference is important.
If your flight is cancelled, you might be entitled to both.
Claiming Both Refunds and Compensation
You could be eligible to receive both a refund and compensation under EC261.
Ensure you submit claims for both when applicable.
An instance where this applies:
- Your flight gets cancelled by the airline.
- You decide not to take the alternative flight offered by the airline and request a refund. You have a right to receive a full refund from the airline.
- If the cancellation occurred up to 2 weeks before the scheduled departure, and it was the airline’s fault, you also have a right to flight cancellation compensation.
Knowing the details of EC261 can change how you deal with travel issues, making unexpected problems easier to handle. We hope this information leaves you feeling like a more knowledgeable traveller.
Featured photo: Pixabay