How long is delay under EU261?

How Long is Delay under EU261?

Delay under EU261 refers to the length of time a flight is delayed before passengers are entitled to certain rights and compensation. EU Regulation 261/2004, commonly known as EU261, is a legislation that protects the rights of air passengers traveling within the European Union. It sets out rules and regulations regarding flight delays, cancellations, and denied boarding. The regulation applies to all flights departing from an EU airport, as well as flights operated by EU-based airlines arriving at an EU airport.

The specific duration of delay under EU261 depends on several factors. According to the regulation, passengers are entitled to certain rights and compensation if their flight is delayed for more than a certain period of time, which varies based on the flight distance. For flights up to 1,500 kilometers, the delay must exceed two hours in order for passengers to be eligible for compensation. For flights between 1,500 and 3,500 kilometers, the delay must exceed three hours. And for flights over 3,500 kilometers, the delay must exceed four hours. These time thresholds are measured from the original scheduled arrival time of the flight.

FAQs about Delay under EU261

1. Can I claim compensation for a delay of less than the specified duration?

In general, no. EU261 stipulates that passengers are entitled to compensation only if their flight is delayed for more than the specified time thresholds (two, three, or four hours, depending on the flight distance). However, it’s worth noting that airlines may still provide certain assistance and care for passengers experiencing shorter delays, such as food or accommodation vouchers. It’s always advisable to check with your airline for their specific policies regarding shorter delays.

2. What kind of compensation am I entitled to for a delayed flight?

If your flight meets the criteria for compensation under EU261 (delayed for more than the specified time thresholds), you may be entitled to financial compensation. The amount of compensation depends on the flight distance and the length of the delay. For flights up to 1,500 kilometers, the compensation is €250. For flights between 1,500 and 3,500 kilometers, the compensation is €400. And for flights over 3,500 kilometers, the compensation is €600. It’s important to note that compensation is subject to certain exceptions and extraordinary circumstances, which may exempt airlines from providing compensation.

3. Can the airline avoid compensation by claiming “extraordinary circumstances”?

Airlines may be exempt from providing compensation if the delay or cancellation is caused by extraordinary circumstances that were beyond their control. These circumstances could include severe weather conditions, political instability, or air traffic control strikes. However, it’s important to highlight that the burden of proof lies with the airline to demonstrate that the delay was a result of truly extraordinary circumstances. Additionally, even if extraordinary circumstances are present, passengers are still entitled to certain rights, such as food, accommodation, and alternative transportation.

4. Is there a time limit for making a compensation claim?

Yes, there is a time limit for making a compensation claim under EU261. The regulation sets a general time limit of two years from the date of the flight for passengers to submit their claim. It’s recommended to initiate the claim process as soon as possible to ensure a smoother and more efficient resolution. Keep in mind that different countries within the EU may have their specific national laws regarding time limits, so it’s essential to be familiar with the specific regulations and timeframes of the relevant jurisdiction.

5. Can I claim compensation if the delay was caused by a technical issue with the aircraft?

Yes, you can potentially claim compensation if the delay was caused by a technical issue with the aircraft. EU261 does not consider technical issues as extraordinary circumstances, which means that airlines are generally required to compensate passengers for delays resulting from such issues. However, if the technical issue was caused by an event that meets the extraordinary circumstances criteria, such as a manufacturing defect or sabotage, the airline may still be exempt from providing compensation.

6. Are there any circumstances where passengers are not entitled to compensation?

Yes, there are certain circumstances where passengers are not entitled to compensation under EU261. These circumstances include situations where the passenger has been informed of the delay or cancellation well in advance, situations where alternative transportation has been offered that allows the passenger to arrive at their final destination within a reasonable time, or situations where the delay or cancellation is caused by extraordinary circumstances beyond the airline’s control.

7. How can I claim compensation for a delayed flight?

To claim compensation for a delayed flight, you should first contact the airline and provide them with the necessary details, including your flight information and the reason for your claim. Airlines are required to have a formal complaint handling process in place, which should outline the steps you need to follow to submit your claim. It’s important to keep copies of all relevant documents, such as your flight tickets and boarding passes, as they may be required as evidence to support your claim. If the airline does not respond or refuses to provide compensation, you may consider seeking assistance from a specialized claims management company or reporting the issue to the national enforcement body responsible for enforcing EU261 in your country.

8. Can I claim compensation for a delay if I missed a connecting flight?

Yes, you may be eligible for compensation if you missed a connecting flight due to a delay in your initial flight. Under the “one ticket” principle, if you have booked your entire journey under a single booking reference and the flights are operated by the same airline or airlines within the same alliance, the entire journey is considered as one trip. In such cases, if you miss your connecting flight due to a delay in your initial flight that meets the EU261 criteria, you may be entitled to compensation for the entire journey, including the connecting flight.

9. What other rights do I have in case of a flight delay or cancellation?

In addition to compensation, EU261 grants passengers several other rights in the event of a flight delay or cancellation. These rights include the right to reimbursement or re-routing, the right to care (such as meals, refreshments, and accommodation), and the right to information. The airline is required to provide you with clear and timely information regarding the delay or cancellation, as well as any available alternatives. It’s important to familiarize yourself with these rights and assert them when necessary to ensure a smoother travel experience.

10. Do the compensation amounts vary depending on the airline?

No, the compensation amounts under EU261 do not vary depending on the airline. The regulation sets out fixed compensation amounts based on the flight distance and the duration of the delay. Regardless of the airline operating the flight, the compensation amounts remain the same. However, it’s worth noting that some airlines may have their specific policies for providing extra assistance or benefits for passengers experiencing delays, such as flight vouchers or upgrades, in addition to the compensation mandated by EU261.

11. Can I claim compensation if I voluntarily gave up my seat on an overbooked flight?

If you voluntarily gave up your seat on an overbooked flight and agreed to be rebooked on a later flight, you might not be eligible for compensation under EU261. The regulation generally applies to involuntary denied boarding situations, where passengers are denied boarding against their will. However, it’s important to review the terms and conditions of the airline’s voluntary seat surrender policy to understand if any compensation or benefits are offered in such cases.

12. Are there any time limitations on when the compensation should be paid?

Yes, EU261 sets a specific time frame within which the compensation should be paid to passengers. According to the regulation, airlines are required to provide the compensation within seven days of the passenger’s right to receive it being established, either by accepting a claim or by any other means. However, in practice, the actual payment may vary depending on the airline and the specific circumstances. If the payment is not made within the specified timeframe, passengers may consider taking further action, such as filing a complaint with the national enforcement body or seeking legal advice.