The short answer is yes, it applies.
Even after Brexit, the European Union Regulation EC261/2004 still protects air passengers in the UK. Thanks to this regulation, if your Air France flight is delayed or cancelled, you might be entitled to compensation along with additional benefits like meals and a free hotel stay.
However, there are certain changes you need to be aware of.
Understanding the Basics of the Regulation EC261/2004
Regulation EC261/2004 is a set of laws that provide air passengers certain rights in the event of flight disruptions. Created by the European Union, it is designed to safeguard travellers from the inconveniences caused by delays and cancellations. Under EC261, passengers may be entitled to compensation, assistance, and refunds based on the situation.
For example, if your Air France flight is delayed by more than three hours and covers a distance of up to 1,500 kilometres, you could be eligible for €250.
When Does Regulation EC261/2004 Apply?
EC261/2004 applies to all flights departing from Europe, regardless of the airline operating them.
It also covers all flights operated by airlines based in Europe.
This website often uses the terms “Europe” and “European airline.”
- When we talk about Europe, we mean all the countries where this regulation is applied.
- When we refer to a European airline, we mean those that are headquartered in one of the European countries.
By Europe and EU here on this page (and on this website in general) 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.
Post-Brexit Changes to Regulation EC261/2004
After Brexit, there have been some adjustments to Regulation EC261/2004.
These changes are not significant – in general, the regulation functions similarly to how it did previously.
UK261: The UK’s Adaptation of EC261
Following Brexit, the UK established its version of EC261, known as UK261.
This regulation closely aligns with the provisions of EU261, guaranteeing that travellers on UK flights still benefit from comparable protections (in 99% of instances, they remain identical). UK261 applies to flights taking off from or landing at UK airports, as well as those operated by airlines based in the UK.
Key Differences Between EU261 and UK261
Although EU261 and UK261 share many similarities, there are key differences that set them apart.
A key difference is jurisdiction. This means flights departing from or arriving in the UK could be subject to different rules based on the route and airline.
The specific route you are travelling on is important.
Additionally, the airline you choose can also matter.
If it’s a UK airline:
- UK261 covers ALL UK airline flights to and from the UK.
- EC261 applies to UK airline flights between EU countries, from the EU to the UK, and from the EU to any other country.
If it’s an EU airline (including EEA):
- UK261 is relevant for their EU – UK, UK – EU, UK – UK, UK – third country, and third country – UK flights.
- EC261 applies to all other flights except for those operating from the UK – UK, UK – third country, and third country – UK.
This highlights an important point: knowing which regulation to refer to when filing a compensation request is necessary. While regulations may differ, your rights as an air passenger stay the same.
Here’s a brief overview of important points to remember:
- In some instances, you can refer to both EC261 and UK261.
- In other cases, only one will apply (depending on the route and the airline).
- Regardless of which regulation applies, both provide equivalent rights to air passengers.
Real-Life Scenarios and Examples
To provide a clearer understanding of how EU261 and UK261 are applicable, let’s examine some real-life scenarios and examples.
Scenario 1 – Delayed Flight from London to Paris
Imagine you’re booked on an Air France flight from London to Paris, and your departure is delayed by four hours.
Since the flight departs from a UK airport and travels to an EU destination, both EU261 and UK261 may apply. You can refer to both regulations when submitting a claim.
Next, you need to determine which airline is operating the flight.
If it’s a UK airline, you are covered only by Regulation UK261. EU261 does not apply in this instance.
If it’s an EU airline, you benefit from both regulations.
If it’s an airline registered outside the EU and the UK, only the UK regulations are relevant, since the flight originated from a UK airport.
Read more: Air France Flight Delay Compensation
Scenario 2 – Cancelled Flight from New York to London
Let’s consider the situation where your flight from New York to London is cancelled.
In this scenario, you are covered by UK261.
This applies since the destination is in the UK.
No matter which airline you choose—whether it’s based in the EU or the UK—if you’re travelling from a third country to the UK with an EU airline, EU261 rules don’t apply. Instead, UK 261 is the relevant regulation.
If your flight from New York to London is operated by a non-EU/non-UK airline (for instance: Delta, American Airlines, etc.), your flight does not fall under the jurisdiction of EU or UK regulations. As such, you are not entitled to compensation in these circumstances. For flights operated by a non-EU/non-UK airline, compensation rules only apply to flights originating from the EU and UK.
Read more: Air France Flight Cancellation Compensation
Scenario 3 – London – Bangkok Flight Disruption Due to Bad Weather
Your flight is facing a delay or a potential cancellation.
The disruption is attributed to adverse weather conditions.
In such situations, airlines are not obligated to provide compensation under both EU261 and UK261 regulations. These types of conditions are classified as extraordinary circumstances.
Nevertheless, airlines are still responsible for offering assistance, including meals and accommodation, during the delay. This is referred to as the right to care – simply reach out to the airline to access these services.
As your flight departs from Europe (UK, EU, EEA), it does not matter which airline you choose; you have this right to assistance. This applies even if your airline is based in Singapore, Qatar, Australia, or the US.
Have more questions about Regulation EC261/2004 and flight compensation? Feel free to ask in the comments.