Air Passenger Rights

Having problems with your journey?

The European Union (EU) has strengthened your rights.

Here are the most important.*

 

Denied boarding and cancellation

 

If you are denied boarding or your flight is cancelled, the airline operating your flight must offer you financial compensation and assistance.

These rights apply, provided you check in on time, for any flight, including charters:

 

• from an EU airport, or

• to an EU airport from one outside the EU, when operated by an EU airline.

 

Denied boarding 

 

When there are too many passengers for the seats available, an airline must first ask for volunteers to give up their seats in return for agreed benefits.

These must include the choice of either refund of your ticket (with a free flight back to your initial point of departure, when relevant) or alternative transport to your final destination.

 

If you are not a volunteer, the airline must pay you compensation of:

 

• Eur250 for flights of 1 500 km or less,

• Eur400 for longer flights within the EU, and for other flights between 1 500 and 3 500 km,

• Eur600 for flights over 3 500 km outside the EU.

 

Compensation may be halved if you are not delayed more than 2, 3 or 4 hours, respectively.

The airline must also give you:

 

• a choice of either a refund of your ticket (with a free flight back to your initial point of departure, when relevant) or alternative transport

   to your final destination, and

• meals and refreshments, hotel accommodation when necessary (including transfers) and communication facilities.

 

Cancellation

 

Whenever your flight is cancelled, the operating airline must give you:

 

• a choice of either a refund of your ticket (with a free flight back to your initial point of departure, when relevant) or alternative transport to your

final destination, and 

• meals and refreshments, hotel accommodation when necessary (including transfers) and communication facilities. The airline may also have to compensate you, at the same level as for denied boarding, unless it gives you sufficient advance notice. You shall be informed about alternative transport.

Refunds may be in cash, by bank transfer or cheque or, with your signed agreement, in travel vouchers, and must be paid within 7 days. If you do not receive these rights, complain immediately to the airline operating the flight.

 

Long delays

 

Immediate assistance

 

If you check in on time for any flight, including charters:

 

• from an EU airport, or

• to an EU airport from one outside the EU, when operated by an EU airline, and if the airline operating the flight expects a delay:

 

       • of 2 hours or more, for flights of 1 500 km or less,

       • of 3 hours or more, for longer flights within the EU, and for other flights between 1 500 and 3 500 km,

       • of 4 hours or more for flights over 3 500 km outside the EU,

the airline must give you meals and refreshments, hotel accommodation when necessary (including transfers) and communication facilities.

 

When the delay is 5 hours or more, the airline must also offer to refund your ticket (with a free flight back to your initial point of departure, when relevant).

 

If you do not receive these rights, complain immediately to the airline

operating the flight.

 

Later claims

 

When an EU airline is responsible for the delay of a flight anywhere in the world, you may claim up to 4 150 SDR** for any resulting damages.

If the airline does not agree with your claim, you may go to court.

 

You can claim from the airline with which you have a contract or from that actually operating the flight, if they are different.

 

Baggage

 

You may claim up to 1 000 SDR** for damages caused by the destruction, damage, loss or delay of your baggage on a flight by an EU airline,

anywhere in the world. If the airline does not agree with your claim, you may go to court. For damage to checked-in baggage, you must claim in

writing within 7 days of its return and for delayed baggage within 21 days of its return. You can claim from the airline with which you have a contract or from that actually operating the flight, if they are different.

 

Injury and death in accidents

You may claim for damages caused by injury or death resulting from an accident on a flight by an EU airline, anywhere in the world. You have the

right to an advance payment for immediate economic needs. If the airline does not agree with your claim, you may go to court.

You can claim from the airline with which you have a contract or from that actually operating the flight, if they are different.

 

Package holidays

 

In addition to the rights described above, you may claim damages from your tour operator if it fails to provide the services you have booked within

the EU, whatever your destination. These rights apply to failure to provide any flight included in your package. Moreover, if the tour operator does not

provide a significant part of the package booked, it is obliged to assist you and make alternative arrangements, including travel, without extra cost to you.

 

* For your information, this document summarises the main elements of the relevant EU legislation. Any legal claim or action taken

in the event of a dispute should be based solely on the legal texts concerned.

 

** 1 SDR = e1.18 at 30.9.2004. For the current exchange rate, contact Europe Direct.

KO-65-05-020-EN-P

 

Published by the European Commission, Energy and Transport DG, B-1049 Brussels

 

___________________________

 

 

Help and further information

 

If you are affected by denied boarding, a cancellation or a long delay and the airline does not give you what you are entitled to, complain to the

relevant national enforcement body. For its name and address, contact the Europe Direct freephone on 00 800 6 7 8 9 10 11 or send an

e-mail to mail@europe-direct.cec.eu.int. Europe Direct can also give you details of organisations that advise or help with other complaints.

 

You may also inform the European Commission’s Energy and Transport DG, B-1049 Brussels, of the follow-up given to your complaint,

by fax (32-2) 29-91015 or by e-mail to tren-aprights@cec.eu.int.

 

Leaflets with the information on this poster and more details may be found at the information desk and on the Internet (http://europa.eu.int/comm/transport/air/rights/index_en.htm).

 

YOUR CONTRACT WITH AN AIRLINE SETS OUT OTHER RIGHTS AND OBLIGATIONS.

ASK YOUR AIRLINE OR TRAVEL AGENCY FOR A COPY OF THESE.

___________________________________

 

 

(Acts whose publication is obligatory)

REGULATION (EC) No 261/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of

denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE

EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Economic and

Social Committee (2), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in

Article 251 of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 1 December 2003,

 

Whereas:

(1)       Action by the Community in the field of air transport should aim, among other things, at ensuring a high level

of protection for passengers. Moreover, full account should be taken of the requirements of consumer protection

in general.

(2)       Denied boarding and cancellation or long delay of flights

cause serious trouble and inconvenience to passengers.

(3)       While Council Regulation (EEC) No 295/91 of 4

February 1991 establishing common rules for a denied

boarding compensation system in scheduled air transport

(4)       created basic protection for passengers, the

number of passengers denied boarding against their will

remains too high, as does that affected by cancellations

without prior warning and that affected by long delays.

(4)       The Community should therefore raise the standards of

protection set by that Regulation both to strengthen the

rights of passengers and to ensure that air carriers

operate under harmonised conditions in a liberalised

market.

(5)       Since the distinction between scheduled and non-scheduled

air services is weakening, such protection should

apply to passengers not only on scheduled but also on

non-scheduled flights, including those forming part of

package tours.

(6)       The protection accorded to passengers departing from

an airport located in a Member State should be extended

to those leaving an airport located in a third country for

one situated in a Member State, when a Community

carrier operates the flight.

(7)       In order to ensure the effective application of this Regulation,

the obligations that it creates should rest with the

operating air carrier who performs or intends to

perform a flight, whether with owned aircraft, under dry

or wet lease, or on any other basis.

(8)       This Regulation should not restrict the rights of the

operating air carrier to seek compensation from any

person, including third parties, in accordance with the

law applicable.

(9)       The number of passengers denied boarding against their

will should be reduced by requiring air carriers to call

for volunteers to surrender their reservations, in

exchange for benefits, instead of denying passengers

boarding, and by fully compensating those finally denied

boarding.

17.2.2004 L 46/1 Official Journal of the European Union EN

(1)   OJ C 103 E, 30.4.2002, p. 225 and OJ C 71 E, 25.3.2003, p. 188.

(2)   OJ C 241, 7.10.2002, p. 29.

(3)   Opinion of the European Parliament of 24 October 2002 (OJ C 300

E, 11.12.2003, p. 443), Council Common Position of 18 March

2003 (OJ C 125 E, 27.5.2003, p. 63) and Position of the European

Parliament of 3 July 2003. Legislative Resolution of the European

Parliament of 18 December 2003 and Council Decision of 26

January 2004.

(4)   OJ L 36, 8.2.1991, p. 5.

(10)     Passengers denied boarding against their will should be

able either to cancel their flights, with reimbursement of

their tickets, or to continue them under satisfactory

conditions, and should be adequately cared for while

awaiting a later flight.

(11)     Volunteers should also be able to cancel their flights,

with reimbursement of their tickets, or continue them

under satisfactory conditions, since they face difficulties

of travel similar to those experienced by passengers

denied boarding against their will.

(12)     The trouble and inconvenience to passengers caused by

cancellation of flights should also be reduced. This

should be achieved by inducing carriers to inform

passengers of cancellations before the scheduled time of

departure and in addition to offer them reasonable rerouting,

so that the passengers can make other arrangements. 

Air carriers should compensate passengers if they

fail to do this, except when the cancellation occurs in

extraordinary circumstances which could not have been

avoided even if all reasonable measures had been taken.

(13)     Passengers whose flights are cancelled should be able

either to obtain reimbursement of their tickets or to

obtain re-routing under satisfactory conditions, and

should be adequately cared for while awaiting a later

flight.

(14)     As under the Montreal Convention, obligations on operating

air carriers should be limited or excluded in cases

where an event has been caused by extraordinary

circumstances which could not have been avoided even

if all reasonable measures had been taken. Such circumstances

may, in particular, occur in cases of political

instability, meteorological conditions incompatible with

the operation of the flight concerned, security risks,

unexpected flight safety shortcomings and strikes that

affect the operation of an operating air carrier.

(15)     Extraordinary circumstances should be deemed to exist

where the impact of an air traffic management decision

in relation to a particular aircraft on a particular day

gives rise to a long delay, an overnight delay, or the

cancellation of one or more flights by that aircraft, even

though all reasonable measures had been taken by the

air carrier concerned to avoid the delays or cancellations.

(16)     In cases where a package tour is cancelled for reasons

other than the flight being cancelled, this Regulation

should not apply.

(17)     Passengers whose flights are delayed for a specified time

should be adequately cared for and should be able to

cancel their flights with reimbursement of their tickets

or to continue them under satisfactory conditions.

(18)     Care for passengers awaiting an alternative or a delayed

flight may be limited or declined if the provision of the

care would itself cause further delay.

(19)     Operating air carriers should meet the special needs of

persons with reduced mobility and any persons accompanying

them.

(20)     Passengers should be fully informed of their rights in the

event of denied boarding and of cancellation or long

delay of flights, so that they can effectively exercise their

rights.

(21)     Member States should lay down rules on sanctions

applicable to infringements of the provisions of this

Regulation and ensure that these sanctions are applied. 

The sanctions should be effective, proportionate and

dissuasive.

(22)     Member States should ensure and supervise general

compliance by their air carriers with this Regulation and

designate an appropriate body to carry out such enforcement

tasks. The supervision should not affect the rights

of passengers and air carriers to seek legal redress from

courts under procedures of national law.

(23)     The Commission should analyse the application of this

Regulation and should assess in particular the opportunity

of extending its scope to all passengers having a

contract with a tour operator or with a Community

carrier, when departing from a third country airport to

an airport in a Member State.

(24)     Arrangements for greater cooperation over the use of

Gibraltar airport were agreed in London on 2 December

1987 by the Kingdom of Spain and the United Kingdom

in a joint declaration by the Ministers of Foreign Affairs

of the two countries. Such arrangements have yet to

enter into operation.

(25)     Regulation (EEC) No 295/91 should accordingly be

repealed,

 

HAVE ADOPTED THIS REGULATION:

Article 1

Subject

1.  This Regulation establishes, under the conditions specified

herein, minimum rights for passengers when:

(a) they are denied boarding against their will;

(b)   their flight is cancelled;

(c) their flight is delayed.

17.2.2004 L 46/2 Official Journal of the European Union EN

2.  Application of this Regulation to Gibraltar airport is

understood to be without prejudice to the respective legal positions

of the Kingdom of Spain and the United Kingdom with

regard to the dispute over sovereignty over the territory in

which the airport is situated.

3.  Application of this Regulation to Gibraltar airport shall

be suspended until the arrangements in the Joint Declaration

made by the Foreign Ministers of the Kingdom of Spain and

the United Kingdom on 2 December 1987 enter into operation. 

The Governments of Spain and the United Kingdom will

inform the Council of such date of entry into operation.

Article 2

Definitions

For the purposes of this Regulation:

(a) ‘air carrier’ means an air transport undertaking with a valid

operating licence;

(b)       ‘operating air carrier’ means an air carrier that performs or

intends to perform a flight under a contract with a

passenger or on behalf of another person, legal or natural,

having a contract with that passenger;

(c) ‘Community carrier’ means an air carrier with a valid operating

licence granted by a Member State in accordance with

the provisions of Council Regulation (EEC) No 2407/92 of

23 July 1992 on licensing of air carriers (1);

(d)       ‘tour operator’ means, with the exception of an air carrier,

an organiser within the meaning of Article 2, point 2, of

Council Directive 90/314/EEC of 13 June 1990 on package

travel, package holidays and package tours (2);

(e) ‘package’ means those services defined in Article 2, point 1,

of Directive 90/314/EEC;

(f) ‘ticket’ means a valid document giving entitlement to transport,

or something equivalent in paperless form, including

electronic form, issued or authorised by the air carrier or

its authorised agent;

(g) ‘reservation’ means the fact that the passenger has a ticket,

or other proof, which indicates that the reservation has

been accepted and registered by the air carrier or tour

operator;

(h) ‘final destination’ means the destination on the ticket

presented at the check-in counter or, in the case of directly

connecting flights, the destination of the last flight; alternative

connecting flights available shall not be taken into

account if the original planned arrival time is respected;

(i)  ‘person with reduced mobility’ means any person whose

mobility is reduced when using transport because of any

physical disability (sensory or locomotory, permanent or

temporary), intellectual impairment, age or any other cause

of disability, and whose situation needs special attention

and adaptation to the person’s needs of the services made

available to all passengers;

(j) ‘denied boarding’ means a refusal to carry passengers on a

flight, although they have presented themselves for

boarding under the conditions laid down in Article 3(2),

except where there are reasonable grounds to deny them

boarding, such as reasons of health, safety or security, or

inadequate travel documentation;

(k)       ‘volunteer’ means a person who has presented himself for

boarding under the conditions laid down in Article 3(2)

and responds positively to the air carrier’s call for passengers

prepared to surrender their reservation in exchange for

benefits.

(l)  ‘cancellation’ means the non-operation of a flight which

was previously planned and on which at least one place

was reserved.

Article 3

Scope

1.  This Regulation shall apply:

(a) to passengers departing from an airport located in the territory

of a Member State to which the Treaty applies;

(b)   to passengers departing from an airport located in a third

country to an airport situated in the territory of a Member

State to which the Treaty applies, unless they received

benefits or compensation and were given assistance in that

third country, if the operating air carrier of the flight

concerned is a Community carrier.

2.  Paragraph 1 shall apply on the condition that passengers:

(a) have a confirmed reservation on the flight concerned and,

except in the case of cancellation referred to in Article 5,

present themselves for check-in,

·        as stipulated and at the time indicated in advance and

·        in writing (including by electronic means) by the air

·        carrier, the tour operator or an authorised travel agent,

·        or, if no time is indicated,

·        not later than 45 minutes before the published departure

·        time; or

(b)   have been transferred by an air carrier or tour operator

from the flight for which they held a reservation to another

flight, irrespective of the reason.

3.  This Regulation shall not apply to passengers travelling

free of charge or at a reduced fare not available directly or

indirectly to the public. However, it shall apply to passengers

having tickets issued under a frequent flyer programme or

other commercial programme by an air carrier or tour

operator.

17.2.2004 L 46/3 Official Journal of the European Union EN

(1)   OJ L 240, 24.8.1992, p. 1.

(2)   OJ L 158, 23.6.1990, p. 59.

4.  This Regulation shall only apply to passengers transported

by motorised fixed wing aircraft.

5.  This Regulation shall apply to any operating air carrier

providing transport to passengers covered by paragraphs 1 and

2. Where an operating air carrier which has no contract with

the passenger performs obligations under this Regulation, it

shall be regarded as doing so on behalf of the person having a

contract with that passenger.

6.  This Regulation shall not affect the rights of passengers

under Directive 90/314/EEC. This Regulation shall not apply in

cases where a package tour is cancelled for reasons other than

cancellation of the flight.

Article 4

Denied boarding

1.  When an operating air carrier reasonably expects to deny

boarding on a flight, it shall first call for volunteers to

surrender their reservations in exchange for benefits under

conditions to be agreed between the passenger concerned and

the operating air carrier. Volunteers shall be assisted in accordance