Who Can Claim AI Flight Compensation Under EU261/2004 After Air India Flight 171?

EU261/2004 Rights For AI Passengers

Under EU261/2004, compensation for Air India flight AI171 is narrowly limited. The regulation generally applies to flights departing an EU/EEA airport on any airline, or flights arriving in the EU/EEA on an EU/EEA carrier. Air India is not an EU/EEA carrier, and AI171 departed Ahmedabad for London, so passengers on that leg cannot usually claim EU261 compensation simply because of the crash. UK261 follows a similar structure and also would not normally cover a non-UK carrier arriving in the UK.

Also worth reading: How Can AI-Powered Flight Refunds Under EU 261/2004 Get You Compensation Faster? · How Do AI Flight Compensation Eligibility Rules Decide If You're Owed €600 Under EU 261/2004? · EU Flight Compensation 2026: What Changes Under 261/2004?

The people who might have a EU261 claim are passengers whose wider itinerary included a qualifying EU/EEA departure or an EU/EEA carrier, or whose disruption otherwise falls within scope. Families of deceased passengers and injured passengers cannot use EU261 for death or personal injury, and ground victims are outside it entirely. Those claims are more likely governed by the Montreal Convention, airline liability rules, or local law. Anyone unsure should seek specialist advice and evidence of the booking and route.

Ground Victims And Air India Payouts

Under EU261/2004, only passengers on a flight departing an EU/EEA airport, or arriving at an EU/EEA airport on an EU/EEA carrier, can generally claim. Air India is not an EU carrier, and AI171 flew from Ahmedabad to London, so the flight itself falls outside EU261. UK261, which mirrors EU261, also generally excludes this India-to-UK flight on a non-UK carrier. Ground victims are not covered by EU261 at all; it is a passenger rights regulation, not a crash or personal injury compensation scheme. That means most people affected by AI171 cannot use EU261 to claim against Air India.

However, if a passenger’s wider itinerary included a separate EU/EEA departure or an EU/EEA carrier connecting leg, that specific segment might be assessed under EU261. Each ticket and route must be checked individually. Families should also note that Air India’s final compensation offers and legal waivers are separate from EU261. For eligibility guidance, visit aiflightrefunds.com.

Airfairness Approval For AI Flight Compensation Claims

Under EU261/2004, compensation is generally limited to passengers departing from an EU airport or arriving in the EU on an EU-licensed carrier. Because Air India Flight 171 crashed after departing Ahmedabad for London, the regulation does not directly cover those onboard or people on the ground. Instead, eligible claimants are typically Air India passengers whose journeys began at EU airports and experienced delay, cancellation, or denied boarding, as well as travelers arriving in the EU on qualifying EU carriers. The crash has exposed a broader payout void for non-passenger victims, underscoring that EU261 was never designed to address ground fatalities or third-party harm.

For families of the Air India Flight 171 victims, compensation claims must rely on other frameworks, such as the Montreal Convention or Indian law, rather than EU261. Air India has offered final payouts, sometimes with legal waivers, though officials say families face no pressure to accept. Meanwhile, ordinary Air India passengers on EU-departing flights can still pursue standard EU261 claims through regulators or “Airfairness” channels, provided their disruption meets the rule’s distance and delay thresholds.

Injuries, Waivers And Legal Options

EU261/2004 protection depends on itinerary and operator. Air India Flight 171 was a non-EU carrier departing Ahmedabad for London, so ticketed passengers on that exact flight generally cannot claim under EU261; the regulation covers departures from EU/EEA airports and arrivals into EU/EEA on EU-registered carriers. Passengers on the ground in Ahmedabad are not “passengers” under the rule and have no EU261 entitlement; their claims belong in Indian compensation and civil-liability processes, possibly alongside Montreal Convention issues for air carriage.

The only realistic EU261 claimants after AI171 are travellers whose journeys were rebooked or disrupted on covered routes—departing an EU/EEA airport or arriving in the EU/EEA on an EU carrier—and who suffered delay, cancellation or denied boarding. Air India’s final compensation offers should be reviewed carefully because reported legal waivers may surrender broader rights; families are under no obligation to sign quickly. For AI171 itself, compensation is more likely to be pursued through Air India’s liability scheme and Indian courts than through EU261.

AirHelp Versus Direct Air India Claims

Under EU261/2004, the right to compensation depends on where the flight departs and which airline operates it, not simply on the fact that a crash happened. Air India is not an EU-registered carrier, so passengers on Flight AI171 from Ahmedabad to London generally fall outside EU261 because the flight departed from India. The same rule means EU261 can cover Air India passengers only when their journey begins at an airport in an EU member state, or in limited cases when arriving in the EU on an EU carrier.

For AI171, families and injured passengers are instead looking to the Montreal Convention and Air India’s compensation process, including interim and final payouts that may require legal waivers. Ground victims are not eligible for EU261 passenger compensation. If you were booked on a different Air India flight leaving an EU airport and suffered delay, cancellation or denied boarding, you may still claim under EU261 through AI Flight Refunds, but the crash itself does not create an EU261 entitlement for those on AI171.

AI 171 Compensation Routes Compared

Why do so few people pursue compensation they are legally owed? Confusion over eligibility, fear of legal waivers, and low awareness of EU261 rights keep claims un filed. Air India's final compensation offer for AI 171 victims, tied to a legal waiver, adds pressure. Airfairness now has green light to pursue AI flight compensation claims, yet ground victims remain outside EU261's scope.