EU Regulation 261/2004: European rules for flight delays and cancellations

EU Regulation 261/2004 is a legal provision adopted in the winter of 2004, covering the area of compensation and assistance to air passengers in the event of cancellations, delays, and denied boarding. In this post, we review the European rules for flight delays and cancellations.

EU Regulation 261 applies to flights departing from an airport within the EU, as well as flights operated by European airlines that take place outside the EU but land within EU borders. Additionally, for a flight to be covered under EU Regulation 261, it must fall into one of these categories:

• The flight is delayed by a minimum of 2 hours on a route of 1,500 kilometres or less.
• The flight is delayed by 3 hours or more on intra-EU routes or routes over 1,500 kilometres.
• The flight is delayed by 3 hours or more on a route between 1,500 and 3,500 kilometres.

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EU Regulation 261/2004 and flight delays

If you are a passenger on a flight that falls within this framework, according to the legislation, you may be entitled to:

• Meals and refreshments in a quantity appropriate to the length of the delay.
• Two telephone calls or emails.
• Hotel accommodation and transportation to the hotel if you have to wait one night or more.
• If the flight is delayed by more than 5 hours and the passenger chooses not to travel, they are entitled to a refund of their ticket. Similarly, the ticket can be refunded if, as part of the journey, other flights included become purposeless due to the disruption. It is also possible, at the earliest opportunity, to choose to have the ticket exchanged for a ticket back to the original destination.
• Compensation if the delay is 3 hours or more.

EU Regulation 261/2004 and flight cancellations

If your flight is cancelled, you have the right to choose between a refund of the ticket (this also applies to any other parts of the journey that become purposeless due to the cancellation) and a ticket back home, or you can choose to receive a new ticket for another departure and continue your journey.

Additionally, you are entitled to:

• Meals and refreshments in a quantity appropriate to the length of the delay.
• Two telephone calls or emails.
• Hotel accommodation and transportation to the hotel if you have to wait one night or more.
• Financial compensation as follows:
  • 250 euros for flights of 1,500 kilometres or less.
  • 400 euros for European intra-flights over 1,500 kilometres.
  • 400 euros for other flights between 1,500 and 3,500 kilometres.
  • 600 euros for all other flights.

Compensation under EU Regulation 261/2004

The indicated rates can be halved if the passenger is offered rerouting or rebooking to the final destination on a flight that lands no more than 4 hours after the originally scheduled arrival time, depending on the length of the journey.

When compensation is halved, these rules apply:

• For flights up to 1,500 km, compensation can be halved if rebooking is offered, arriving less than 2 hours after the original arrival time.
• For flights within the EU or between 1,500 and 3,500 km, compensation can be halved if rebooking is offered, arriving less than 3 hours after the original arrival time.
• For all other flights (i.e., over 3,500 km and outside the EU), compensation can be halved if rebooking is offered, arriving less than 4 hours after the original arrival time.

Passengers are not entitled to compensation if the reason for the cancellation or delay is an extraordinary circumstance such as a strike, political instability, security risks, or severe weather conditions, or if the passenger has been informed of the cancellation at least 14 days before departure.

Additionally, as a passenger, you are not entitled to compensation if:

• The cancellation occurs 7-14 days before departure and rebooking is offered with a departure time no more than 2 hours earlier and an arrival time no more than 4 hours later than originally planned.
• The cancellation occurs less than 7 days before departure and rebooking is offered with a departure time no more than 1 hour earlier and an arrival time no more than 2 hours later than originally planned.

Read more about your rights regarding flight delays in our detailed article on the subject.

The purpose of EU Regulation 261/2004

EU Regulation 261 is designed to strengthen and protect air passenger rights across Europe. The regulation aims to ensure that travellers are not left helpless in the event of flight delays, cancellations, and denied boarding against their will. EU Regulation 261/2004 sets out clear rules for compensation and assistance that airlines must provide if their scheduled flights are significantly delayed, cancelled, or overbooked. This ensures that passengers not only receive financial compensation but also necessary support such as meals, telephone calls, and accommodation if needed.

Moreover, the regulation serves to maintain a high level of service in the aviation industry by holding airlines accountable to their customers. By imposing strict requirements for compensation and assistance to travellers, the EU pressures airlines to prioritise passenger needs and improve their operational efficiency. EU Regulation 261/2004 is also a crucial part of the EU's broader efforts to promote transparency and fairness in air transport, ensuring that all passengers benefit from consistent rights, regardless of which EU country they are travelling from or to. This regulation sends a clear message that passenger comfort and rights are essential priorities, supporting consumer confidence and the overall travel experience.