Regulation 261/2004

European Union Regulation 261/2004 has been in effect since 2005. It protects your rights as an airline passenger and determines the obligations of the airline companies. We at EUclaim have many years of experience in and the knowhow of Regulation 261/2004.

Regulation 261/2004 is applicable within the European Union. This means it can only be called upon if:

• You fly from an EU country
• Or you fly from a non-European country to an EU country with a European airline company

Next to the fact that Regulation 261/2004 is only applicable within the EU, it has also been established that you only have a right to compensation if you arrive at your final destination with more than three hours’ delay. As an airline passenger, you are entitled to compensation for loss of time for the following situations:

• your flight was delayed by more than three hours
• your flight was cancelled shortly before departure
• you missed your connecting flight
• you were denied boarding your flight

Regulation 261/2004 states that you, as an airline passenger, are entitled to care during your wait at the airport. This includes the provision of food and drink for a delay exceeding two hours, but also hotel accommodation if necessary. From the time that you arrive at your final destination with more than three hours’ delay, you may also be entitled to compensation. The amount of compensation is based on the flight distance.

Flight destinations within the EU

• €250 compensation for a flight up to1,500 km
• €400 compensation for a flight of more than 1,500 km

Flight destinations outside the EU

• €250 compensation for a flight up to1,500 km
• €400 compensation for a flight between 1,500 km and 3,500 km
• €600 compensation for a flight of more than 3,500 km

With a flight distance of 3,500 km or more and a delay of between three and four hours, you are entitled to 50% of the compensation amount according to the Sturgeon ruling.

If the airline company can prove ‘extraordinary circumstances’ as the reason for a delay, then they are not held responsible and you have no right to compensation. Examples of this are extreme weather conditions, acts of terrorism, third party strikes, medical emergency landings and incidents with passengers on board the airplane. However, a technical fault and a strike of airline personnel would not fall under ‘extraordinary circumstances’ and you would therefore be entitled to compensation.