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What are my rights as a passenger under EC Regulation 261/2004 for flight delays and cancellations?

**Regulation Scope**: EC Regulation 261/2004 covers flights departing from an EU airport and flights operated by EU airlines arriving in the EU.

This means that travelers can claim compensation even if their flight is from non-EU countries, as long as they are on a European carrier.

**Flight Delay Definitions**: A flight is considered delayed if it arrives at the destination more than three hours late.

The amount of compensation can depend on the distance of the flight and the length of the delay experienced.

**Compensation Ranges**: Compensation amounts vary based on flight distance.

For delays of over three hours, passengers may be entitled to €250 for flights under 1,500 kilometers, €400 for intra-EU flights over 1,500 kilometers, and €600 for all other flights over 3,500 kilometers.

**Airline Responsibility**: Airlines are liable for compensation when delays or cancellations are within their control, such as technical issues or operational problems.

However, they are not liable for extraordinary circumstances like severe weather or air traffic control strikes.

**Connecting Flights**: If a journey involves connecting flights, compensation may still apply if the entire booking is covered by the EU Regulation, provided the arrival delay criteria are met at the final destination.

**Claim Time Limit**: Passengers typically have up to three years to claim compensation under Regulation 261/2004, but this period can vary depending on the country's local laws.

**Alternative Travel**: If an airline cancels a flight, they must provide alternative transportation to the destination at no additional cost.

This includes re-routing on a different airline if necessary.

**Meals and Accommodation**: For long delays (over two hours), airlines are obligated to provide passengers with meals and refreshments.

In cases of overnight delays, they must also provide hotel accommodation.

**Informing Passengers**: Airlines must inform passengers of their rights under EU Regulation 261/2004 during check-in or boarding, ensuring that travelers are aware of their rights.

**Compensation Denials**: Airlines may sometimes deny compensation claims based on various interpretations of the regulation.

**National Enforcement Bodies**: Each EU member state has an enforcement body responsible for ensuring compliance with the regulation.

Passengers can report airlines to these authorities if they believe their rights are being violated.

**European Court of Justice Impact**: The European Court of Justice has provided rulings that impact the interpretation of EC Regulation 261/2004, including defining "extraordinary circumstances" and clarifying airline obligations.

**Regulatory Changes**: While the core principles of Regulation 261/2004 remain in place, ongoing discussions in the EU may lead to amendments that could alter compensation frameworks or enforcement practices in the future.

**Technical Delays vs.

Extraordinary Circumstances**: Airlines might claim that a delay was due to technical problems, but interpretations vary.

European courts tend to rule that airlines must have taken all reasonable measures to avoid such delays.

**Public Awareness Campaigns**: Various consumer rights organizations actively campaign to raise awareness of EC Regulation 261/2004, educating the public about their rights under the regulation.

**Insurance Implications**: Many travelers overlook how flight delay compensation can interact with travel insurance.

Passengers may not know that accepting compensation from the airline could affect their ability to claim on their insurance policy.

**Online Claim Services**: In recent years, several online platforms have emerged to assist travelers in claiming compensation under EC Regulation 261/2004.

These services often operate on a success fee basis.

**Potential for Class Action**: There is a growing interest in collective claims where groups of passengers together seek compensation from airlines.

Such actions are facilitated by EU law in cases where multiple travelers are affected.

**Impact of Brexit**: The UK's decision to leave the EU has created uncertainty regarding the application of EC Regulation 261/2004 for UK-based airlines.

However, many UK airlines continue to adhere to similar standards voluntarily.

**Technological Developments**: Advances in technology, including real-time flight tracking apps, have equipped passengers with tools to monitor their flights more effectively, enabling them to act swiftly when faced with delays or cancellations.

AI Flight Refunds: Get Your Compensation Fast and Hassle-Free with Advanced Technology (Get started for free)

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