Even now in 2024, many travellers are still unaware or misinformed about their rights under the European Union’s EC261 regulation.
For example, most still think that it applies only to Europeans. It’s not true. This regulation applies to all passengers. Designed to protect air passenger rights, EC261 outlines your rights in case of flight disruptions. Thanks to this regulation, you can get assistance and compensation from the airline. Your nationality doesn’t matter for this.
In this post, we’ll debunk some common misconceptions about EC261.
What Is EC261 Regulation?
The EC261 Regulation is a European Union law that outlines the rights of air passengers in case of flight disruptions.
For example, if your flight is three or more hours late, cancelled less than two weeks before the day of departure or overbooked, in many situations, you have a right to flight compensation.
The amount of compensation depends on the distance of the flight.
Does EC261 still apply in the UK? Yes, it does.
Read more: Understanding Passenger Rights Under the EC261 Regulation
Misconception 1: Compensation is Guaranteed for All Delays (It Isn’t)
Understanding Compensation Criteria
Many people believe that any flight delay qualifies for compensation, but that’s not the case. EC261 specifies that delays must be over three hours for compensation eligibility. Furthermore, the delay’s cause must be within the airline’s control.
Exceptional Circumstances
Flights delayed due to extraordinary circumstances like severe weather, political unrest, or security risks are exempt from compensation.
It’s essential to know these exceptions to manage your expectations correctly.
The Role of Airline Responsibility
For a claim to be valid, the delay must result from factors within the airline’s control, such as technical issues or operational mishaps. Understanding these nuances can help you determine when you’re eligible for compensation.
Misconception 2: Only EU Citizens Can Claim Compensation (Everyone Can)
Who Can Claim Under EC261?
EC261 applies to all passengers, regardless of nationality, as long as they fly on an eligible flight. This inclusivity ensures that the regulation benefits a broad range of travellers.
Flights Covered by EC261
Flights departing from an EU airport, regardless of the airline’s origin, and flights arriving in the EU on an EU-based airline are covered under EC261.
- If the airline is from Europe, these rules apply to all their flights.
- For airlines based outside Europe (including Wizz Air Abu Dhabi), these regulations only apply to their flights from Europe.
By Europe and EU here on this page we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.
Misconception 3: Compensation Is Coupons (No, You Can Ask for Money)
Different Forms of Compensation
Yes, airlines may offer vouchers or other services as compensation.
However, you have the right to choose cash if that’s your preference.
The same applies to flight cancellation refunds (if the airline cancels a flight).
The Value of Vouchers
Vouchers may come with restrictions, such as limited validity or specific usage criteria. Understanding these limitations can help you make an informed decision about accepting them.
Make sure to pay attention to the value of the voucher, too.
Misconception 4: Claims Must Be Filed Immediately (No, It Can Be Done Later)
Time Limits for Filing Claims
EC261 allows you to file claims up to several years after the flight disruption, depending on the country’s laws. Yes, you can claim for old flights, too.
Many European countries permit passengers to file claims within 2-3 years of the flight disruption. In certain nations, this period extends to 5-6 years, but generally, the standard period is 3 years.
Seeking Assistance
If unsure about the process, consider seeking assistance from organizations specializing in EC261 claims. They can provide valuable guidance and support.
You can fill in our claim form, and we’ll transfer the claim to experts.
Misconception 5: Only Major Airlines Comply with EC261 (No, the Rules Are the Same for All Airlines)
Universal Compliance
All airlines operating within the EU must comply with EC261, regardless of size. This universal compliance ensures fair treatment for all passengers. Even passengers on low-cost airlines.
Rules are identical for Wizz Air, Ryanair, KLM and Turkish Airlines.
These rules also apply to charter airlines.
Reporting Non-Compliance
If an airline fails to comply with EC261, report the issue to the relevant authorities.
In the European Union, these authorities are known as National Enforcement Bodies.
Your actions can help enforce the regulation and protect other travellers.
Misconception 6: The Airline Will Cover All Extra Expenses, Too (Not True)
Compensation Limits
Apart from the compensation, often, you have a right to care.
The latter covers specific expenses related to the delay, such as meals and accommodation. If the airline fails to offer these services when they are due, you can pay for them yourself and later make a claim for extra expenses. Take into account that only the basic necessities are covered.
It may not cover all costs incurred.
Keeping Receipts
Save receipts and documentation of all expenses incurred due to the disruption.
These may be essential for getting the money from the airline.
Having Travel Insurance May Help You
While not necessary, it may help you to get more than the airline is obliged to pay for in case of flight disruptions.
Plus, having good insurance is always a good idea.
Misconception 7: EC261 Covers All Flight Issues
Scope of EC261
EC261 specifically addresses delays, cancellations, and denied boarding.
It doesn’t cover issues like lost baggage or in-flight service complaints.
Plus, it doesn’t work everywhere and with all airlines.
Knowing Other Regulations
Familiarize yourself with other regulations and policies addressing different aspects of air travel. For example, when travelling with non-European airlines and from non-European destinations.
This knowledge will help you feel more in control and more protected.
Misconception 8: Children Are Not Eligible for Compensation
Equal Treatment for All Passengers
EC261 applies to all passengers, including children and infants.
They are entitled to the same compensation as adults for flight disruptions.
Including Children in Claims
When filing a claim, include all affected passengers, regardless of age.
This inclusion ensures you receive the full compensation you’re entitled to.
You can file a claim on behalf of them even if you weren’t on the flight yourself.
Misconception 9: Refunds Are the Same as Compensation
Distinguishing Refunds from Compensation
Refunds refer to getting back the cost of the ticket.
While compensation is meant to cover inconvenience caused by delays or cancellations. Understanding this distinction is crucial.
If your flight is cancelled, you may have a right to both.
Claiming Both Refunds and Compensation
You may be entitled to both a refund and compensation under EC261.
Make sure to file a claim for both when they are due.
One example of such a situation:
- Your flight is cancelled by the airline.
- You don’t want to take the other flight offered by the airline and are asking for a refund. You have a right to a full refund from the airline.
- If the cancellation happened up to 2 weeks before the day of departure, and if it was due to the airline’s fault, you have a right also to flight cancellation compensation.
Understanding EC261 can transform your travel experience, turning unexpected disruptions into manageable inconveniences. We hope that by reading this, you’ll be leaving as a more informed traveller.
Featured photo: Pixabay