Chapter 10 — Airlines: EU Airline Rules

Learn more about the EU airline rules to make traveling internationally easier for you and your family. Know your rights and travel smarter.

Denied Boarding Rules

These EU airline rules are applicable to all worldwide airlines when departure takes place within the EU and, in the case of flights from outside the EU to a destination within the EU, only to airlines licensed in a Member State of the EU.

When an air carrier reasonably expects to deny boarding on a flight, it first calls for volunteers to surrender their reservations in exchange for certain benefits. If an insufficient number of volunteers come forward to allow the remaining passengers to board the flight, the air carrier may then deny boarding to passengers against their will, in which case it must compensate them.

Air carriers give priority to persons with reduced mobility and any persons accompanying them. In the event of denied boarding, the passengers concerned have the right to:

• Reimbursement of the cost of the ticket within seven days or a return flight to the first point of departure or re-routing to their final destination;
• Care (refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, telex or fax messages, or e-mails);
• Compensation totalling:
  • EUR 250 for all flights of 1500 kilometres or less;
  • EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres
  • EUR 600 for all other flights.

EU airline rules – Extract from Regulation (EC) No 261/2004 below

(http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004R0261)

Article 4 Denied boarding

1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph.

2. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will.

3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9.

Article 7 Right to compensation

1. Where reference is made to this Article, passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometers or less;

(b) EUR 400 for all intra-Community flights of more than 1500 kilometers, and for all other flights between 1500 and 3500 kilometers;

(c) EUR 600 for all flights not falling under (a) or (b).

In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger’s arrival after the scheduled time.

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

(a) by two hours, in respect of all flights of 1500 kilometres or less; or

(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or

(c) by four hours, in respect of all flights not falling under (a) or (b),

the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 percent.

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.

Article 8 Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:

(a) reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant,

– a return flight to the first point of departure, at the earliest opportunity;

(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or

(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.

2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.

3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.

Article 9 Right to care

1. Where reference is made to this Article, passengers shall be offered free of charge:
   

(a) meals and refreshments in a reasonable relation to the waiting time;

(b) hotel accommodation in cases

– where a stay of one or more nights becomes necessary, or

– where a stay additional to that intended by the passenger becomes necessary;

(c) transport between the airport and place of accommodation (hotel or other).

2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

Article 14 Obligation to inform passengers of their rights

1. The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: “If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.”

2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form.

3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means.

EU airline rules – Delayed and canceled flights

According to EU airline rules, passengers flying between Europe and the United States have additional protections against delayed and canceled flights.

The EU Regulation introduces a three-tier system:

• in the event of long delays (two hours or more, depending on the distance of the flight), passengers must in every case be offered free meals and refreshments plus two free telephone calls, telex or fax messages, or e-mails;
• if the time of departure is deferred until the next day, passengers must also be offered hotel accommodation and transport between the airport and the place of accommodation;
• when the delay is five hours or longer, passengers may opt for reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure.

On 4 September, 2014 the Court of Justice of the European Union ruled on a definition for arriving at a destination. Articles 2, 5 and 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that the concept of ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, refers to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

In a ruling, November 2009, the Court of Justice of the European Union changed the interpretation of Regulation (EC) 261/2004 regarding flight delays, to include cash compensation similar to flight cancellations if the delay is three hours or longer at the destination, unless the airline can prove that the delay was caused by ‘extraordinary’ circumstances.



Before the ruling, cash compensation was only rewarded for cancelled flights but not for delays. 
Flight delays prior to the ruling gave the passenger the right to assistance free of charge as mentioned above. These rights still apply to the air passengers when faced with a delay.

This Regulation is applicable to all worldwide airlines when departure takes place within the EU and, in the case of flights from outside the EU to a destination within the EU, only to airlines licensed in a Member State of the EU.

EU airline rules – Flight Cancellation

1. In the event of flight cancellation or denied boarding the passengers concerned have the right to:
   1. reimbursement of the cost of the ticket within seven days or a return flight to the first point of departure or re-routing to their final destination;
   2. care (refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, telex or fax messages, or e-mails);
2. compensation totalling:
   1. EUR 250 for all flights of 1500 kilometres or less;
   2. EUR 400 for all intra-Community flights of more than 1500 kilometers, and for all other flights between 1500 and 3500 kilometres.
   3. EUR 600 for all other flights.
3. If the carrier offered you an alternative flight with a similar schedule, the compensation may be reduced by 50 percent. With cancelled flights, you won’t receive compensation if:
   1. the cancellation was due to extraordinary circumstances for example due to bad weather, or
   2. you were informed 2 weeks before the scheduled flight date, or
   3. you were offered an alternative for the same route with a similar schedule to the original one.
4. For cancellation due to extraordinary circumstances you may not have the right to compensation, the carrier must still offer you either:
   1. a ticket refund (in full or just the part you have not used)
   2. alternative transport to your final destination at the earliest opportunity or
   3. rebooking at a later date of your choice (subject to seat availability).
5. Even in extraordinary circumstances, airlines must provide assistance when necessary, while you are waiting for alternative transport.
6. This Regulation is applicable to all worldwide airlines when departure takes place within the EU and, in the case of flights from outside the EU to a destination within the EU, only to airlines licensed in a Member State of the EU.

Extract from Regulation (EC) No 261/2004 below.

Article 5 Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or

(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

Article 7 Right to compensation

1. Where reference is made to this Article, passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometers or less;

(b) EUR 400 for all intra-Community flights of more than 1500 kilometers, and for all other flights between 1500 and 3500 kilometres;

(c) EUR 600 for all flights not falling under (a) or (b).

• In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger’s arrival after the scheduled time.

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

(a) by two hours, in respect of all flights of 1500 kilometers or less; or

(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or

(c) by four hours, in respect of all flights not falling under (a) or (b), the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 percent.

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.

Article 8 Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:

(a) – reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant,

– a return flight to the first point of departure, at the earliest opportunity;

(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or

(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.

2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.

3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.

Article 9 Right to care

1. Where reference is made to this Article, passengers shall be offered free of charge:

(a) meals and refreshments in a reasonable relation to the waiting time;

(b) hotel accommodation in cases

– where a stay of one or more nights becomes necessary, or

– where a stay additional to that intended by the passenger becomes necessary:

(c) transport between the airport and place of accommodation (hotel or other).

2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

Article 14 Obligation to inform passengers of their rights

1. The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: “If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.”

2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form.

3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means.

EU airline rules – How to complain

If you believe that you have a valid complaint against an airline regarding denied boarding, downgrading, cancellation or long delay, you should first contact the air carrier that operated the flight. Regulation 261/2004 applies to all flights operated by any airline from any EU airport and flights to an EU airport operated by any EU airline. Below are suggestions of free contact points in case you need further assistance.

EU airline rules – complaint form for air passengers

If you feel that your rights have not been respected, first contact the transport company, regardless of your means of transport. Under EU law, mechanisms to handle passenger complaints are to be put in place by carriers and terminal operators. If you are not satisfied with their response then contact the National Enforcement Body (see below) for your specific mode of transport: Air | Rail | Maritime | Bus.

The complaint form should be sent to the airline or competent National Enforcement Body, NOT to the European Commission.

National Enforcement Bodies

The EU rules oblige Member States to nominate or create “national enforcement bodies,” whose role is to verify that transport operators are treating all passengers in accordance with their rights. Passengers who believe they have not been treated correctly should contact the body in the country where the incident took place. Contact the National Enforcement Body for your specific mode of transport. You can find the lists here: Air | Rail | Maritime | Bus

European Consumer Centre (ECC)

A European Consumer Centre (ECC) supported by the European Commission exists in every EU country as well as in Iceland and Norway. The centres are there to help travellers who have difficulties in having their rights respected, such as the right to be reimbursed or re-routed to the final destination and right to obtain meals and accommodation. Full contact details for ECCs for all countries and links to national websites can be found at:

http://ec.europa.eu/consumers/ecc/contact_en.htm

The European Commission’s preliminary screening service

Please note that the European Commission’s preliminary screening service provides citizens with general information about their rights under EU law when travelling and about how to proceed if they wish to log a complaint. The Commission services do not handle complaints themselves, which must be submitted to the air carrier and to the competent authority in the country where the incident took place.

Europe Direct

The Europe Direct central information service helps you find answers to your questions about the European Union. It offers information on all sorts of subjects related to the EU, including your rights and opportunities as an EU citizen and how to take advantage of them. It can provide direct responses to general inquiries and, if you have more detailed questions, signpost you to the best source of information and advice at EU, national, regional and local levels.

The Montreal Convention

The Montreal Convention (1999), titled the Convention for the Unification of Certain Rules for International Carriage by Air (pdf), amended the Warsaw System. It re-established uniformity and predictability of the rules relating to the international carriage of passengers, luggage and cargo. It provides, among other things, for:

• Unlimited liability in the event of death or injury of passengers
• Advanced payments to meet immediate needs
• The possibility of bringing a lawsuit before the courts in the passenger’s principal place of residence
• Increased liability limits in the event of delay
• The modernisation of transport documents (electronic airway bills and tickets)
• The clarification of the rules on the respective liability of the contractual carrier and the actual carrier
• The obligation for air carriers to maintain adequate insurance

Under the Montreal Convention the liability limits are set in Special Drawing Rights (SDR) which are a mix of currency values established by the International Monetary Fund (IMF). The current value of an SDR in Euro is available on the IMF’s website. The liability limits are reviewed every 5 years.

EU airline rules — Upgrading and downgrading seats

If you are offered a seat in a higher class than your original booking, the airline cannot charge you an additional payment for this seat.

If you agree to be placed in a lower class than on your original booking, you are entitled to reimbursement of a percentage of the difference in price. In other words, if you booked a business/first class seat and the airline offers you a seat in a lower class, it must refund you a percentage of the ticket price you originally paid. The percentage of the refund is calculated as follows:

• 30% of the ticket price for flights of 1,500 km or less or
• 50% of the ticket price for intra-EU flights of more than 1,500 km and for all other flights between 1,500 and 3,500 km
• 75% of the price for all flights greater than 3,500 km

Package travel

If travelers are denied boarding, or the flight is cancelled or delayed on a flight that has been sold as part of a package tour (that is, flight and accommodation), the airline is obliged to compensate the tour operator who has concluded a contract. The tour operator entered into a contract with the traveler when it sold the package tour and these rights are also protected in European law. Without prejudice to the rights under these laws, the tour operator is obliged to pass on the compensation paid by the airline to it.