Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishes the conditions under which passengers can exercise their minimum rights when: (a) they are denied boarding against their will; (b) the flight is canceled; (c) the flight is delayed.

First of all, we emphasize that the carrier has an obligation to inform passengers of their rights. In the passenger check-in area, the following text must be displayed: “In the event of denied boarding or if your flight is canceled or delayed by at least two hours, ask at the check-in counter or at the boarding gate for the text detailing your rights, particularly regarding compensation and assistance.”

Additionally, the air carrier that denies boarding or cancels a flight is required to provide each affected passenger with written communication outlining the compensation and assistance rules in accordance with the cited European regulation. Likewise, they must provide a similar written communication to any passenger affected by a delay of at least two hours. Passengers must also be given written contact information for the national authority designated to handle complaints.

A few basic aspects regarding the right to compensation:

Compensation amounts range from 250 to 600 euros, depending on the distance between the departure and arrival airports. The amounts can be halved if passengers are offered rerouting to their final destination on an alternative flight, where the arrival time does not exceed the originally scheduled arrival time by more than two to four hours, depending on the distance between the airports.

The time period within which compensation can be claimed also varies depending on the country where the airline is based. For example, in Austria, Germany, and Romania, the period is three years; in Greece and France, it is five years. Some countries offer only one year for filing claims, while others have no time limit.

Causes considered “extraordinary circumstances,” meaning situations where airlines are not required to pay compensation, are defined by events beyond their control. For example, no compensation is due if the delay was caused by one of the following reasons: strikes initiated by airport employees or air traffic control, political unrest, severe weather, security risks. It is important to note that strikes by airline employees do NOT exempt the company from paying compensation. In this regard, the European Court of Justice in Luxembourg has ruled that the airline is responsible for the behavior of its staff.

Among the many variables, some of which are described above, a few actions are universally valid in these situations:

• Always ask for the reason why the flight was delayed or canceled and make sure you truly understand the response. A general reason like “operational circumstances” will only complicate your efforts to obtain compensation. Ask for more details to determine who is at fault for this inconvenience.
• Note the time you arrived at your destination, meaning the time you were able to disembark the plane.
• Do not sign for vouchers or other offers without reading and understanding the advantages and disadvantages of the document presented to you. Only accept the offer if you are satisfied with it; otherwise, it may cancel your right to further compensation.
• Keep receipts and bills if a canceled flight generates additional costs (meals, transportation, accommodation).

A large number of travelers affected by flight delays and cancellations do not file any compensation claims, despite being subjected to considerable stress, changes in plans, and additional expenses in such situations.

In the event of canceled flights, delays, strikes, or overbooking, you may be able to recover at least part of the unexpected expenses. There are companies specializing in this field, and professionals are just a few clicks away who can help you. Don’t remain passive, stay informed, and follow the few guidelines mentioned above.

We hope that the above information is only useful to you in a purely informative way! Safe travels!

Author: Atty. Lavinia Rusu