What is Article 7 of the EU Regulation 261?
Article 7 of the EU Regulation 261 is a key provision that protects the rights of air passengers in the European Union. It outlines the compensation and assistance that passengers are entitled to in the event of flight delays, cancellations, or denied boarding. Put simply, it ensures that airlines are held accountable for disruptions to passengers’ travel plans.
Under Article 7, passengers have the right to receive compensation if their flight is delayed for more than three hours, cancelled without prior notice, or if they are denied boarding due to overbooking. The compensation amount is determined by the length of the flight, ranging from €250 for short-haul flights to €600 for long-haul flights. This compensation is in addition to any reimbursement for the cost of the ticket or alternative transport.
In addition to financial compensation, Article 7 also guarantees passengers a range of assistance during their travel ordeal. This assistance includes meals and refreshments, hotel accommodation if an overnight stay becomes necessary, and transportation between the airport and the place of accommodation. It is important to note that these obligations fall on the airline, regardless of the reason for the disruption, whether it is within their control or not.
FAQs about Article 7 of the EU Regulation 261
1. Are all flights and airlines covered by Article 7?
Yes, Article 7 applies to all flights departing from an EU member state, as well as flights arriving in an EU member state and operated by an EU carrier.
2. Is there a time limit for claiming compensation under Article 7?
Yes, passengers have up to three years from the date of the delayed, cancelled, or denied boarding flight to claim compensation under Article 7.
3. Can airlines refuse to pay compensation under Article 7?
Airlines can only refuse to pay compensation under Article 7 if the disruption was due to extraordinary circumstances beyond their control, such as severe weather, air traffic control restrictions, or strikes.
4. What happens if the flight delay is less than three hours?
If the flight delay is less than three hours, passengers are not entitled to financial compensation under Article 7. However, they may still be entitled to assistance and care in accordance with the regulation.
5. Can passengers claim compensation if the airline provides an alternative flight?
In some cases, if the airline offers an alternative flight that arrives at the passenger’s final destination within a certain time frame, the compensation amount may be reduced by 50%.
6. What if the disruption was caused by the passenger’s own actions?
If the passenger is responsible for the disruption, such as arriving late for boarding, the airline is not obliged to provide compensation under Article 7.
7. Can passengers claim compensation for connecting flights?
Yes, if the passenger has booked a single ticket and the connecting flights are part of the same reservation, they can claim compensation under Article 7 for disruptions to any of the flights.
8. Can passengers claim compensation for flights that are part of a package holiday?
Yes, passengers who have booked a package holiday are also protected by Article 7 and can claim compensation in the event of disruptions to their flights.
9. Are there any exceptions or limitations to the compensation amount?
No, the compensation amounts specified in Article 7 are fixed and do not depend on the actual price of the ticket or any other factors.
10. How can passengers claim compensation under Article 7?
Passengers can either contact the airline directly to claim compensation or seek assistance from various online platforms or legal services that specialize in handling such claims.
11. Is there a difference in compensation for non-EU citizens?
No, Article 7 applies to all passengers regardless of their citizenship. The regulations protect anyone who is departing from or arriving in an EU member state.
12. Can passengers claim compensation for flights that were operated by a codeshare partner?
Yes, if the flight was booked under the operating carrier’s code and falls under the scope of Article 7, passengers can claim compensation from the operating carrier, even if it was a codeshare flight.
