Who is eligible for EC 261?

Who’s Covered by EC 261? Understanding Your Rights as an Air Passenger

European regulation EC 261/2004 offers significant protection to air passengers experiencing flight disruptions. While the potential for compensation – up to €600 (approximately £520) for denied boarding – is a key attraction, understanding eligibility is crucial. This article clarifies who is and isn’t covered by this vital piece of legislation.

The Basics: Flights Covered by EC 261

The regulation applies to flights departing from an EU airport, regardless of the airline’s origin. Crucially, it also covers flights arriving at an EU airport, operated by an EU airline. This means even if your flight originates outside the EU, you might still be protected if the airline is EU-based and your destination is within the EU.

Who is Eligible for Compensation?

Eligibility hinges on several factors:

• The type of disruption: EC 261 covers cancellations, significant delays (generally exceeding three hours), and denied boarding. Minor delays or technical issues not resulting in significant delays are typically not covered.

• The airline’s responsibility: The disruption must be within the airline’s control. Exceptional circumstances, such as extreme weather conditions, air traffic control strikes outside the airline’s influence, or security risks, can exempt the airline from paying compensation. This is a key area of dispute, and proving the airline’s responsibility can be challenging.

• Notification of disruption: The timeframe in which you are notified of the disruption plays a role. For cancellations, being informed less than 14 days before departure generally makes you eligible, although shorter notification periods might apply depending on the specific circumstances.

• Your ticket: You must hold a valid ticket for the affected flight.

• Your claim: You must make a claim directly with the airline within a specific timeframe, usually within several months of the incident, although this can vary.

Who is NOT Eligible for Compensation?

Several scenarios exclude passengers from claiming compensation under EC 261:

• Flights with significant delays caused by exceptional circumstances: As mentioned, events outside the airline’s control often negate the right to compensation. The airline bears the burden of proving that exceptional circumstances were the cause.

• Passengers with connecting flights: If your disruption occurs on a connecting flight and you are delayed overall by less than three hours, you may not be entitled to compensation, even if the original segment was delayed.

• Passengers who voluntarily accepted an alternative flight: If you were offered an alternative flight with a similar schedule and willingly accepted it, you may forfeit your right to claim compensation.

• Passengers who missed their flight due to their own fault: Arriving late to the airport without a valid excuse isn’t grounds for compensation.

Navigating the Complexity:

EC 261 can be intricate. While the principles are clear, determining eligibility in specific cases can be complex. Airlines often try to avoid paying compensation, citing exceptional circumstances. Gathering sufficient evidence and understanding the nuances of the regulation is critical. Consider seeking professional advice if you are unsure of your rights or if the airline disputes your claim. Many passenger rights organizations offer assistance in navigating this process.

This article provides general guidance. Always consult the official EC 261 text and seek legal advice if necessary to determine your specific eligibility.