You are flying with a EU airline: What laws protect you?
Which laws protect you when you fly with an airline registered in the EU?
In this article, we'll talk about the laws that protect you when you fly with EU airlines like Lufthansa, KLM, Air France, Ryanair, LOT, Aegean Airlines, and others. These laws are there to make sure that you get treated fairly when things go wrong. The laws we are referring to here are the EU Regulation 261/2004 and the Regulation UK261. Depending on what happens, you might be able to refer to one or both of these laws to claim compensation.
The article discusses all the various scenarios.
Check your compensation online.
EU Regulation 261/2004: Basics
EU 261/2004 sets out standard regulations for airlines to provide compensation and aid to passengers if their flight is cancelled, they are denied boarding or experience lengthy delays.
Situations when you are protected:
- Your flight is delayed for more than 3 hours,
- Your flight is cancelled less than 14 days before departure,
- Your flight is overbooked, and you are denied boarding due to that.
Conditions: it must be fault of your airline.
The same applies to charter airlines and charter flights.
In many situations it applies also to non-EU airlines.
It doesn't matter if you're a European or not.
How much can you claim? Mostly the answer is 250, 400 or 600 euro. The longer the flight, the more you can claim — mostly it’s as simple as that.
Regulation UK261
After Brexit, the UK government has introduced its own regulations for air passenger rights, namely the Regulation UK261. It's practically identical to the EU Flight Compensation Regulation 261/2004. It offers the same protection and also compensation amounts are the same.
The best thing — you are protected also when flying to and from the UK.
What has changed — now you have to now which regulation to refer to.
You are flying with a EU airline: Which laws protect you?
You’re flying with a EU airline (KLM, SAS, Air France, Ryanair, Lufthansa, etc.). Which laws protect you? There are several different scenarios possible — below we have listed all of them. Don’t forget that if it’s a connecting flight, your final destination is your real destination.
All scenarios with EU airlines
Here are all the scenarios when you are protected:
- EU - EU (only EU261)
- EU - UK (UK261 & EU261)
- EU - Third country (only EU261)
- UK - EU (UK261 & EU261)
- UK - UK (only UK261)
- UK - Third country (only UK261)
- Third country - EU (only EU261 law)
- Third country - UK (only UK261 law)
How does it work in the real life?
Below are some real-life examples.
1. Lufthansa flight from Frankfurt to London
You have a Lufthansa flight from Frankfurt (FRA) to London Heathrow (LHR).
It is delayed or cancelled last-minute due to the airline’s fault, or you have been denied boarding involuntarily due to overbooking. Which regulation should you refer to when making a claim?
Let’s see. Your flight is operated by an airline registered in the EU, Lufthansa. The flight departs from a EU airport, Frankfurt. In this case, you're covered by the EU Flight Compensation Regulation 261/2004 as a passenger. Additionally you're also protected under UK261 regulation as your flight lands at London Heathrow, an airport in the UK.
When making a claim, you can refer to either of these regulations.
2. Norwegian Air flight from London to Antalya
You have a Norwegian Air flight from London Gatwick (LGW) to Antalya (AYT).
It’s a flight from the UK to a third country (non-EU and non-UK), operated by a EU carrier. Since the flight leaves the UK and lands in a country outside the EU and the UK, you are protected under the Regulation UK261. In this situation, you are not covered by the EU Flight Compensation Regulation 261/2004.
When making a claim for this flight, refer to the Regulation UK261.
3. KLM flight from Amsterdam to Rio de Janeiro
You have a KLM flight from Amsterdam (AMS) to Rio de Janeiro (GIG).
Your flight is heavily delayed or cancelled last-minute due to the airline’s fault. Or you have been denied boarding due to overbooking (it’s fault of the airline). What regulation should you refer to when making a claim for disrupted KLM flight?
It’s easy. Since it’s a EU airline, the flight departs from a EU airport, and lands in a third country (a country outside of the EU and the UK), it is covered only by the EU Flight Compensation Regulation 261/2004.
When making a claim, refer to the EU Regulation 261.
4. SAS flight from London to Copenhagen
You have a SAS flight from London Heathrow (LHR) to Copenhagen (CPH).
It’s a flight operated by a EU airline, SAS. The flight departs a UK airport, London Heathrow, and arrives in a EU country, Denmark.
If your flight is significantly delayed or cancelled due to the airline's error, or if you are involuntarily denied boarding, you may be entitled to receive flight compensation from the airline. You can cite either UK261 or EU261, as both of these regulations apply in this situation. Just like with the example No 1.
Both regulations apply in this particular situation.
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By Europe and EU here on this page we mean all EU Member States, Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.
Featured photo by Dušan Cvetanović