Rights for Delayed or Cancelled Flights in the EU
Updated: 4 days ago
Are you hesitant to purchase tickets from Wizz Air and Ryan Air due to frequent delays?
European Union Regulation (EC) No. 261/2004, established on 11 February 2004, outlines mandatory general rules for air carriers and tourism service providers concerning compensation and assistance for passengers in cases of denied boarding, cancellations, or long delays, superseding Regulation (EEC) No. 295/91.
This article aims to provide a clear perspective on your rights when faced with flight delays or cancellations, explaining not only the potential financial compensation but also the assistance and alternative travel options available to you.
What is Regulation (EC) 261/2004?
Regulation (EC) 261/2004 is an EU legislative act that sets common rules for compensation and assistance to passengers in the event their flights are cancelled, delayed, or if they are denied boarding. It applies mandatorily across all EU member states, including Romania.
Which delayed or canceled flights are covered by Regulation 261 to/from Romania?
The regulation applies to all flights operated by EU airlines, including those from Romania, regardless of destination, as well as flights within or to the European Union.
What are your rights in the case of cancelled flights?
An airline ticket is a contract of carriage and, like any professional contracts, it creates rights and obligations for the parties involved, including for the airline carrier.
If your flight has been cancelled and you are traveling within the European Union or with an EU, EEA, or Swiss airline, you have certain rights under Regulation 261. Key rights include:
Right to information: the airline must inform you about the cancellation and your rights as soon as possible. Both Wizz Air and Ryan Air are required to inform you timely about the flight status, although unfortunately this is frequently missed in practice.
Refund or rerouting: you have the option to choose between:
a full refund of the ticket for the parts of the journey not made, and for the parts made if the flight is no longer serving any purpose, along with, where relevant, a return flight to the first point of departure at the earliest opportunity.
rerouting under comparable conditions to your final destination at the earliest opportunity, or at a later date of your choosing, subject to seat availability.
Right to assistance: if you have to wait for a rerouted flight, you are entitled to assistance from the airline, which includes:
Sufficient meals and refreshments depending on the waiting time.
Hotel accommodation if you have to wait one or more nights.
Transport between the airport and the place of accommodation.
Two telephone calls, fax messages, or emails.
What financial compensation rights are available in case of delayed or canceled flights?
In addition to refund or rerouting options, you may be entitled to compensation for flight delays, which vary depending on the flight distance and the delay in continuing your journey. The amounts stipulated by the regulation are:
EUR 250 for delayed or canceled flights up to 1,500 km;
EUR 400 for intra-EU delayed or canceled flights over 1,500 km, and for any other delayed or canceled flights between 1,500 and 3,500 km;
EUR 600 for delayed or canceled flights over 3,500 km, outside the EU.
When are you not eligible for compensation?
You are not eligible for financial compensation for a cancelled or delayed flight if you were informed of the cancellation more than 14 days before the scheduled departure date, or if the cancellation was caused by extraordinary circumstances that could not have been avoided by any reasonable measure by the airline (e.g., extreme weather conditions, strikes, etc.).
It is important to contact the airline to discuss available options and to claim your rights. If the airline does not comply with these regulations, you can contact the national consumer protection authorities by filling out the ANPC standard form.
What are your rights in the case of delayed flights?
Regulation 261 does not specify a duration of delays for which air traffic operators must provide compensation, but it applies rules in cases of boarding denials or cancellations. Through jurisprudence, these have also been applied in the case of delays for similar reasoning. The Court of Justice of the European Union (CJEU) has recognized the right to compensation for delays of over three hours, arguing that passengers of delayed and cancelled flights should be considered in comparable situations as they endure similar inconveniences, namely, a time loss of three hours or more compared to the original flight schedule.
How is the delay of a flight calculated?
For the payment of compensations, it does not matter when the flight landed at the destination airport, but when the passengers were able to disembark. In the CJEU decision on September 4, 2014, Germanwings, C-452/13, the criterion of disembarkation was expressly retained as ”passengers are authorized to leave the aircraft, and they can resume their activities without restrictions”.
What to do if you’ve had a delayed flight or a canceled flight?
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