Flight delayed in Europe? Claim compensation with EU261

This article is a part of CNN Underscored’s Summer Travel 101, a weeklong focus on what you need to travel better, smarter and more stress-free on your summer trip.

Though frustrating, airline delays and cancellations are sadly common for air travelers.

Because each airline in the U.S. is responsible for implementing its own set of regulations, there is no federal legislation mandating airlines to give customers money or other forms of compensation when their flights are delayed or canceled. In the best-case scenario, a U.S.-based airline might provide credit for meals or a one-night hotel stay, but they will seldom cover the cost of your whole ticket if something goes wrong with your flight.

However, let’s say you are flying with an EU airline or leaving from an EU airport. In that case, you are covered by EU legislation under European Regulation EU261, which covers passengers who have experienced a flight delay or cancellation or have been denied boarding due to overbooking. If your flight qualifies, an airline may be required to pay up to $700 in compensation under this law.

This guide will explain all you need to know about EU261, your rights under it and how to file a claim.

What is EU261?

In a nutshell, EU261 is a European Union law that protects passengers in the event of flight disruptions such as delays, cancellations, or involuntary boarding denials. The regulation outlines clearly the scenarios in which the law applies and sets forth rates of compensation and assistance for each situation.

Since this is a European Union law, a passenger must either be leaving from one of the 27 EU countries plus Iceland, Norway and Switzerland, as well as the majority of outlying territories, or traveling from a non-member country with an EU-based airline to be eligible for compensation under EU261.

How can you qualify for EU261 compensation?

To qualify for EU261 compensation, passengers must first satisfy two basic requirements.

A passenger must have a confirmed airline ticket and be present at check-in for the departure. Exempt from the law are those who are flying on a non-revenue ticket or discounted tickets that are not readily available to the general public. However, EU261 applies to passengers who are flying on an award ticket obtained through the airline’s frequent flyer program.

Aside from flying on a qualifying ticket, a number of distinct circumstances are necessary for EU261 passenger rights to take effect. To be eligible for EU261 compensation, you must also travel on one of the following itineraries:

Suppose that a passenger experienced a flight delay on a Austrian Airlines-ticketed flight from Vienna to Des Moines, with a connection in Chicago on a United Airlines flight. This would make this passenger eligible for EU261 compensation because, even though this delay affected a U.S. flight route, this passenger was flying on a partner-issued ticket originating in Austria.

As a result, as long as a European carrier issued the ticket, all domestic flights in the United States booked on a single itinerary ticket are now eligible for compensation under EU261.

Flight Delay

Passengers who experience a flight delay are typically granted assistance and compensation from the airline. However, there are no laws in the U.S. that require airlines to reimburse customers for the inconvenience.

Fortunately, if you are traveling on a valid ticket with a qualifiable itinerary and experience a delay of three hours or longer, you are eligible for compensation under EU261 unless “extraordinary circumstances” caused the delay, such as inclement weather, political unrest, decisions made by air traffic control that were beyond the airline’s control, or security concerns. Unfortunately, delays brought on by technical and mechanical issues are not unusual occurrences.

Airlines have the right to deny paying compensation in certain circumstances if they can show that the damage would have occurred even if all reasonable precautions had been taken.

Flight Delay Compensation

EU261 mandates that airlines compensate passengers when flight delays or cancellations cause them to arrive at their final destination more than three hours later than anticipated.

If you meet the above-mentioned standards to be compensated for a delay, here are the situations in which you would be compensated and how much you would be paid:

If your delay exceeds five hours, you are entitled to a full or partial refund of your original ticket as well as a return trip to your place of departure, if necessary.

In addition to what the EU261 regulation says passengers are entitled to for a flight delay, the airline may also pay for food and drinks, a hotel room if the delay lasts overnight, and transportation to the airport if the passenger needs a place to stay.

Flight Cancellation

When an EU261 flight is canceled, you have the same claim for compensation as when a flight is delayed.

Similar to flight delay compensation amounts, you are entitled to reimbursement when a EU261-covered flight is canceled of up to 600 euros ($645).

If your flight is canceled, the airline will also offer you three options, which are:

The airline must also provide food, beverages, lodging (if rebooked for the following day), and transportation to and from the hotel.

Additionally, the airline must notify you of the flight cancellation at least 14 days prior to departure; otherwise, you may be entitled to compensation.

Compensation

The precise amount of compensation for an eligible flight that is canceled relies on a number of variables, including flight distance and whether or not the flight was taking place within the EU.

Passengers are also entitled to compensation if the airline notifies them of the flight cancellation less than 14 days before their scheduled departure. Amounts for flight cancellation claims range from 250 euros ($269) to 600 euros ($645) per passenger.

Furthermore, the airline must provide assistance in the form of food, refreshments, lodging (if you are rebooked to fly the following day) and transportation to and from the hotel.

Involuntary Denied Boarding

If you are unwillingly refused boarding on a flight you’ve purchased due to overbooking, the airline may offer you one of the following options:

If you choose to be rerouted as soon as possible after being involuntarily denied boarding, the airline is responsible for providing you with assistance while you wait for your next flight. This form of compensation will be a voucher for refreshments and meals while waiting, transfers between the hotel and airport, if necessary, and hotel accommodations if an overnight stay is required.

Compensation

If you were refused boarding involuntarily, despite checking in on time and being physically present within your flight’s boarding window, you are entitled to the following compensation under EU261:

How to file an EU261 claim

Claiming EU261 compensation from airlines based in the U.K. and the EU can be a complicated process. Passengers must spend their own time filling out the appropriate forms and providing evidence, as airlines do not automatically compensate you for your inconvenience.

Additionally, passengers must remember to file a claim within the deadlines established by each country. The deadline to file a claim does not depend on your nationality, country of residence, or destination, but rather on the location of the airline’s headquarters.

For example, if you flew with Iberia, you have until the third year after your canceled flight to file a claim under Spanish law. However, if you had a flight with LOT Polish Airlines from Poland to the U.S. that was severely delayed, you would only have one year from the date of your delayed flight to submit an EU261 claim.

Nonetheless, we encourage submitting as soon as possible if your flight is delayed, canceled or you’re involuntarily denied boarding.

On the website of most carriers, you can find guidelines on how to file a claim. But if you can’t find this information, you can also print the Air Passenger Rights EU Complaint Form, fill it out and send it directly to the airline.

You’ll need to send the airline a screenshot of your mobile boarding pass or a copy of your printed boarding pass, a letter explaining what went wrong with your flight and how much you’re claiming, as well as a copy of the EU261 terms and conditions.

Maintaining patience is essential if one wants to be compensated. Because airlines deal with an extensive number of claims, you could find yourself waiting anywhere from a few weeks to a few months for a response to your claim.

Cards that offer travel insurance protection

If you booked your ticket using the appropriate credit card and are experiencing a significant delay or were involuntarily bumped from your flight, you may be eligible for a trip reimbursement.

We typically think of travel credit cards as tools that help us earn valuable rewards that can be redeemed for travel, but there are a number of travel rewards credit cards that include many helpful perks, such as trip delay insurance and trip cancellation insurance, that can be incredibly useful to have at your disposal.

For example, one of the most popular travel rewards cards — the Chase Sapphire Reserve® — offers some of the best travel insurance protections for when your travel plans go awry.

If you experience a flight delay of six hours or more, or if your flight is rescheduled to the following day, both cards offer trip delay insurance that reimburses cardholders up to $500 for additional expenses incurred during a covered trip delay, including meals, lodging, toiletries and medication.

Make sure that you use the card with travel insurance benefits to purchase your ticket; otherwise, you will not be eligible for reimbursement.

Looking for a new credit card? Check out CNN Underscored’s list of the best travel credit cardsavailable right now.