Earlier this spring, when the first leg of my daughter’s flight from London to Paris to New York was canceled, she was rerouted and ended up stranded in Reykjavik. While eating fish and chips at Keflavik Airport, she texted that she would be arriving in New York more than six hours late.
The delay seemed like just another disastrous travel incident until Air France sent her an email explaining that she might be entitled to compensation under EU261, Europe’s comprehensive passenger rights regulation. Three weeks after making the claim through Air France’s website, 600 euros ($700) arrived in her account, along with $12 for fish and chips.
Even more surprising than the painless payment was discovering that this financial safety net for air travel existed. By booking on a European airline covered by EU261, Americans heading to Europe can receive hundreds of dollars in compensation for airline delays and cancellations that would not exist if they were flying the exact same route on a U.S. airline.
And with the summer travel season just around the corner, these safeguards have taken on new urgency as fuel prices soar due to war in the Middle East and many airlines, including Lufthansa and Delta Air Lines, cut flights or adjusted schedules. But the European Union remained bullish, vowing earlier this month that European airlines must compensate passengers for delays and cancellations caused by rising fuel costs.
Understand European regulations regarding air passenger rights
The EU261 regulation provides three main protections for travelers on European airlines.
- Options for rerouting or refunding in case of flight cancellation
- Financial compensation for delays, denied boarding, and cancellations under the control of the airline. Coverage starts from 250 euros ($290) for short-haul flights and delays, and up to 600 euros ($700) for long-haul flights delayed by four hours or more.
- The right to meals and even lodging during prolonged disruptions over a certain time threshold based on flight distance. You are entitled to a meal after a two-hour delay for short-haul flights (up to 930 miles), three hours for medium-haul flights (930 to 2,175 miles), and four hours for long-haul flights (more than 3,175 miles). If your flight is delayed for more than 4 hours overnight, you are entitled to accommodation.
The landscape surrounding the EU261 regulation can quickly become confusing, despite a number of safeguards in favor of passengers. Eligibility is determined by very specific details, such as the origin of the flight, the airline that operated the flight, and the official cause of the disruption.
important warning
The first thing you need to know is Direction of travel is important. All flights departing from the 27 countries of the European Union (as well as Iceland, Norway and Switzerland) are subject to EU261, regardless of the airline. However, for flights departing from the United States to Europe, these protections only apply if you fly on an EU airline.
Board a plane from Miami to Madrid. Passengers flying on Spain’s flag carrier Iberia are subject to EU261, but passengers flying on US-based airlines such as Delta Air Lines, United Airlines and American Airlines are not.
“The benefit of Iberia flights is that if a flight is delayed for more than three hours and it’s the airline’s fault, you’ll be compensated about $700 per passenger,” said Eric Napoli, chief legal officer at airline indemnity firm AirHelp.
For a family of four, that compensation could total about $2,800. Additionally, these rights still exist even if you book a flight using frequent flyer points.
Avoid payment pitfalls
However, travelers should be wary of codeshares, where one airline sells tickets for flights operated by another airline. In EU261, it matters not which airline sold the ticket, but which airline the passenger is physically sitting on.
If the same family flying from Miami to Madrid were to book on Iberia and end up on a codeshare flight operated by American Airlines, their EU261 protection would disappear the moment they boarded the plane.
And choosing an airline is only part of the calculation. Eligibility also depends on what actually caused the flight disruption. Under EU261, passengers are normally only entitled to compensation if the delay or cancellation is deemed to be “within the airline’s control”, such as due to mechanical problems, staff shortages or scheduling issues. Bad weather, political instability, air traffic control strikes, etc. are considered “extraordinary circumstances” and are exempt.
The current fuel crisis related to the Iran war is complex. In early May, European Transport Commissioner Apostolos Tsitsikostas said: financial times Higher fuel prices are simply part of airline business, which means airlines still have to compensate passengers for delays and cancellations associated with those costs.
However, actual fuel shortages are considered an “abnormality” and are exempt from compensation. The good news is that concerns about jet fuel shortages in Europe this summer have eased.
But even if flights are interrupted due to so-called “natural disasters” or physical fuel shortages, EU 261 provides another safety net. Airlines do not have to pay compensation for weather-related disruptions, but European airlines still have a “duty of care” to passengers. If a family of four heading to Madrid is stranded after a hurricane hits Miami, Iberia will be legally obligated to provide food and drink after a four-hour delay. If the delay lasted overnight, the Spanish airline would have to provide a free hotel room and cover the cost of return transportation. Even if passengers are stranded in Rome for several days due to fuel shortages, airlines will have to pay for hotel accommodations and meals.
Most importantly, even if the gate agent is screwed and doesn’t hand out vouchers on the spot, passengers can still buy their own meals and book their own hotels and taxis. All you need to do is remember to save all your itemized receipts. Airlines must reimburse expenses unless they are “reasonable and necessary” and include five-star luxury hotels or Michelin-starred meals.
How to apply for compensation in Europe
Applying for compensation is relatively easy. Airlines must notify passengers if they may be covered under EU261, usually via an email linking directly to the compensation form. A number of aviation compensation services, such as AirHelp, Flightright, and Skycop, have emerged to process passenger claims in exchange for a steep 30-40% cut of the amount paid. For simple claims, passengers may wish to apply directly themselves and only use the service if an issue arises.
For American travelers heading to Europe this summer, the payoff is simple. As airlines grapple with rising fuel prices and growing disruption, booking on European airlines provides a financial safety net that doesn’t exist on American airlines.