Even now in 2024, many travellers remain uninformed or misled about their rights regarding the European Union’s Regulation EC No 261/2004.
For instance, a common misconception is that it applies solely to European citizens. This is incorrect. This regulation is relevant to all passengers. Intended to safeguard air passenger rights, EC261 specifies your entitlements in the event of flight disruptions. As a result of this regulation, passengers are entitled to assistance and compensation from the airline. Your nationality is irrelevant in this matter.
In this post, we will clarify several general misunderstandings about Regulation EC261.
What Is Regulation EC No 261/2004?
This regulation is a law established by the European Union.
It outlines the rights of air travellers in the event of flight interruptions.
For instance, if your Air France flight is delayed by three hours or more, cancelled within two weeks before the travel date, or overbooked, generally, you have a right to flight compensation.
The compensation amount varies based on the flight’s distance.
Does EC261 still apply in the UK? Yes, it does.
Read more: Understanding Passenger Rights Under the EC261 Regulation
Misconception 1: Compensation is Guaranteed for All Delays (It Isn’t)
Understanding Compensation Criteria
Many travellers assume that any delay in their Air France flight qualifies for compensation, but this is a misconception. Under EC261 regulations, only delays exceeding three hours may be eligible for compensation. Additionally, the reason behind the delay must fall within the airline’s control.
Read more: Air France Flight Delay Compensation
Extraordinary Circumstances
Delays caused by extraordinary circumstances, such as extreme weather conditions, political instability, or security threats, are not eligible for compensation.
It is important to be aware of these exceptions to set realistic expectations.
The Role of Airline Responsibility
For a compensation claim to be valid, the delay must stem from circumstances within Air France’s control, like technical difficulties, staff strikes or operational errors. Understanding these complexities can help you know when you may be eligible for compensation.
Misconception 2: Only EU Citizens Can Claim Compensation (Everyone Can)
Who Can Claim Under Regulation EC No 261/2004?
Regulation EC No 261/2004 is relevant to all passengers, regardless of their nationality, provided they are flying on an eligible flight. This provision guarantees that the regulation serves a diverse group of travellers, not only Europeans.
Every passenger is protected. As long as it’s a European airline. Or a flight from Europe (if it’s not a European airline).
Flights Covered by EC261
Flights departing from an EU airport, no matter the airline’s origin, and flights arriving in the EU operated by an EU-based carrier fall under the remit of EC261.
- If the airline is European, these rules apply to all of their flights.
- For non-European airlines, these regulations apply only to their flights departing from Europe.
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.
Misconception 3: Compensation Is Coupons (No, You Can Ask for Money)
Different Forms of Compensation
Indeed, airlines like Air France may offer vouchers or various services as a form of compensation.
However, you retain the right to request cash or a bank transfer if that’s what you prefer.
This also applies to flight cancellation refunds (in the event the airline cancels a flight).
The Value of Vouchers
Vouchers can come with restrictions, including limited validity or specific conditions for use. Recognising these limitations can assist you in making an educated choice about whether to accept them.
Additionally, it’s essential to consider the value of the voucher as well.
Misconception 4: Claims Must Be Filed Immediately (No, It Can Be Done Later)
Time Limits for Filing Claims
Regulation EC No 261/2004 allows you to submit claims for flight disruptions even years after the incident, depending on the laws of the specific country. You can still claim for past flights as well.
Many European countries allow passengers to file a claim within 2-3 years of the disruption. In some nations, this timeframe can stretch to 5-6 years; however, the usual period is around 3 years.
Seeking Assistance
If you’re uncertain about the claim process, consider reaching out to organisations that specialise in EC261 claims. They can offer valuable advice and assistance.
You can complete our claim form, and we’ll hand over the case to professionals.
Misconception 5: Only Major Airlines Comply with EC261 (No, the Rules Are the Same for All Airlines)
Universal Compliance
Airlines operating within the EU are required to adhere to EC261, regardless of their size and type.
The regulations apply to both traditional and low-cost airlines. Air France must follow European regulations. Similarly, Ryanair and other low-cost airlines must also comply with these regulations.
Such rules are also relevant for charter airlines.
When flying with a non-European airline, note that some of their flights are also covered by EC261 regulations. If it’s a flight from Europe, you have protections similar to those on Air France or other European airline flights.
Reporting Non-Compliance
Should an airline fail to adhere to EC261, it is important to report the incident to the appropriate authorities.
In the European Union, the organizations responsible for this are referred to as National Enforcement Bodies.
Your efforts can aid in enforcing the regulation and safeguarding the rights of fellow travellers.
Misconception 6: Air France Will Cover All Additional Expenses, Too (Not True)
Compensation Limits
In addition to compensation, you have a right to care.
This covers certain expenses related to delays, such as meals and accommodation. If Air France fails to provide these services when required, you can cover these expenses yourself and subsequently submit a claim for reimbursement. Remember that only essential needs are typically covered.
It may not cover all costs incurred.
Keeping Receipts
Be sure to keep all receipts and documentation for any expenses you incur as a result of the disruption.
These may be crucial for receiving the money back from the airline.
Having Travel Insurance May Help You
While it isn’t mandatory, travel insurance could enable you to recover more than what the airline is obligated to cover in the event of flight disruptions.
Furthermore, having reliable insurance is always advisable.
Misconception 7: EC261 Covers All Flight Issues
Scope of EC261
EC261 specifically deals with flight delays, cancellations, and denied boarding.
It does not provide coverage for matters like lost luggage or complaints regarding in-flight services.
Its applicability varies, as it does not apply to every airline globally, or all flight situations.
Knowing Other Regulations
It’s important to know about extra regulations and policies related to air travel. This is especially true when flying with airlines outside of Europe or leaving from non-European locations.
Having this knowledge will empower you and enhance your sense of security while travelling.
Misconception 8: Children Are Not Eligible for Compensation
Equal Treatment for All Passengers
The EC261 regulation encompasses all passengers, including children and infants.
They are entitled to the same compensation as adult travellers in the event of flight disruptions.
Children can get the same amount as adults.
Including Children in Claims
When submitting a claim, make sure to include all passengers affected, regardless of their age.
This approach guarantees that you receive the complete compensation you are owed.
You are permitted to file a claim on their behalf even if you were not present on the flight yourself.
Misconception 9: Refunds Are the Same as Compensation
Distinguishing Refunds from Compensation
Refunds refer to getting back the ticket price.
Compensation, on the other hand, is meant to cover the inconvenience caused by delays or cancellations. It’s important to understand this difference.
If your flight with Air France is cancelled, you may be entitled to both.
Claiming Both Refunds and Compensation
You may be eligible for both a refund and compensation under EC261.
Be sure to file a claim for both when applicable.
One example of such a situation:
- Your flight is cancelled by the airline.
- You prefer not to accept the alternative flight provided by the airline and are requesting a refund. You are entitled to a complete refund from the airline.
- If the cancellation occurred up to 2 weeks before the departure date, and if it was caused by the airline’s fault, you are also entitled to flight cancellation compensation.
Understanding EC261 can improve your travel experience by making unexpected disruptions easier to handle. We hope that after reading this, you’ll feel like a more informed traveller.
Featured photo: Pixabay