Even now in 2024, a lot of travellers still don’t know or have incorrect information about their rights under the European Union’s EC261 regulation.
For instance, many still believe it only applies to Europeans. That’s not true. This rule applies to everyone. Created to protect the rights of air passengers, EC261 explains your rights if there are flight issues. Because of these rules, you can get support and compensation from the airline. Your nationality isn’t relevant to this.
In this post, we’ll clarify some common misconceptions about EC261.
What Is EC261 Regulation?
The EC261 Regulation is an EU law that outlines airline passengers’ rights in case of flight disruptions.
If your flight is delayed by three or more hours, cancelled within two weeks of departure, or overbooked, you are entitled to flight compensation.
The compensation amount is based on the flight distance.
Does EC261 still apply in the UK? Yes, it does.
Read more: Understanding Passenger Rights Under the EC261 Regulation
Misconception 1: Compensation is Guaranteed for All Delays (It Isn’t)
Understanding Compensation Criteria
A lot of people think that any flight delay means they should get compensation, but that’s not true. The regulation EC261 says delays must be more than three hours to get compensation. Additionally, the reason for the delay has to be something the airline could control.
Exceptional Circumstances
Flights that are delayed because of extraordinary circumstances like extreme weather conditions, political unrest, or security risks don’t qualify for compensation.
Knowing about these exceptions will help you set realistic expectations.
The Role of Airline Responsibility
To make a valid claim, the delay must be due to factors within the airline’s control, like technical issues or operational errors. Knowing these details helps you understand whether you are eligible for compensation.
Misconception 2: Only EU Citizens Can Claim Compensation (Everyone Can)
Who Can Claim Under EC261?
EC261 covers all passengers, regardless of nationality, on eligible flights. This inclusivity ensures the regulation benefits a wide range of travellers.
Flights Covered by EC261
Flights leaving from an EU airport, no matter the airline’s origin, and flights arriving in the EU on an EU-based airline fall within the scope of EC261.
- For European airlines, these rules apply to all their flights.
- For airlines not based in Europe, these regulations apply to flights departing from Europe.
By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.
Misconception 3: Compensation Is Coupons (No, You Can Ask for Money)
Different Forms of Compensation
Yes, airlines may provide vouchers or other services as compensation.
But, you have the right to ask for cash if you prefer that.
The same goes for flight cancellation refunds (if the airline cancels a flight). You can request a refund to be paid to your bank account.
The Value of Vouchers
Vouchers often have restrictions, including limited validity periods or specific usage conditions. Being aware of these limitations is crucial to making an informed decision about whether to accept them.
Be sure to check the value of the voucher, too.
Misconception 4: Claims Must Be Filed Immediately (No, It Can Be Done Later)
Time Limits for Filing Claims
EC261 allows you to file claims for quite a few years after your flight was disrupted, based on each country’s regulations. Yes, you can file claims for past flights.
Many European countries let passengers file claims within 2-3 years after the flight disruption. In some countries, the time limit is as long as 5-6 years, but the standard is usually around 2-3 years.
Seeking Assistance
If you are confused about the process, think about getting help from organizations that are experts in EC261 claims. They can offer you helpful advice and support.
You can complete our claim form, and we’ll pass your claim to the experts.
Misconception 5: Only Major Airlines Comply with EC261 (No, the Rules Are the Same for All Airlines)
Universal Compliance
All airlines flying within the European Union must follow the EC261 regulation, no matter their size. This ensures that all passengers are treated fairly. Even those flying with budget airlines.
The rules are the same for Wizz Air, Ryanair, KLM, and Turkish Airlines.
These regulations also apply to charter airlines.
Reporting Non-Compliance
If an airline does not follow EC261, report it to the right authorities.
In the EU, these authorities are called National Enforcement Bodies.
By reporting, you help enforce the law and protect other travellers.
Misconception 6: The Airline Will Cover All Extra Expenses, Too (Not True)
Compensation Limits
Aside from the payout, you frequently have a right to care.
This covers certain costs related to the delay, such as food and accommodation. If the airline doesn’t provide these services, you can cover the costs yourself and later request reimbursement for the expenses. Bear in mind that only the basic essentials are covered.
It may not cover every cost you incur.
Keeping Receipts
Keep receipts and records of all expenses incurred due to the disruption.
These are important for claiming money from the airline.
Having Travel Insurance May Help You
Although not required, it could help you receive more compensation than the airline is obligated to provide in case of flight delays or cancellations.
Also, having reliable insurance is always a smart move.
Misconception 7: EC261 Covers All Flight Issues
Scope of EC261
EC261 specifically deals with delays, flight cancellations, and denied boarding.
It doesn’t cover concerns such as lost baggage or complaints about in-flight services.
Also, it doesn’t apply to all flights worldwide or all airlines.
Knowing Other Regulations
Get to know other regulations and policies that cover different parts of air travel. For instance, when you are flying with airlines that are not European or from locations outside Europe.
Understanding these rules will help you feel better prepared and more secure.
Misconception 8: Children Are Not Eligible for Compensation
Equal Treatment for All Passengers
EC261 covers all passengers, even infants and children.
They can receive the same compensation as adults for flight disruptions.
Including Children in Claims
When filing a claim, be sure to include all passengers affected, regardless of their age.
This inclusion ensures you receive the full compensation you deserve.
You can file a claim on their behalf even if you weren’t on the flight.
Misconception 9: Refunds Are the Same as Compensation
Distinguishing Refunds from Compensation
Refunds mean you get your plane ticket money back.
On the other hand, compensation is intended to cover disruptions caused by delays or cancellations. It’s important to understand this difference.
If your flight gets cancelled, you might be entitled to both.
Claiming Both Refunds and Compensation
You might have the right to get both a refund and compensation under EC261.
Ensure you submit a claim for each when applicable.
Here is an instance where this applies:
- Your flight gets cancelled by the airline.
- You decide not to take the alternative flight offered by the airline and request a refund. You are entitled to a full refund from the airline.
- If the cancellation occurs within 2 weeks before the scheduled departure date, and it’s due to the airline’s fault, you are also entitled to flight cancellation compensation.
Understanding EC261 can greatly enhance your travel experience, making unexpected disruptions easier to handle. We hope this information helps you become a more informed traveller.
Featured photo: Pixabay