You Are Flying With a EU Airline: Which Laws Protect You as a Passenger?

Are you flying with a EU airline?

Which laws protect you when you fly with an airline registered in the EU?

When you fly with an EU airline, you are protected by specific laws that ensure fair treatment in case of any issues. In this article, we will delve into the laws that safeguard passengers flying with renowned EU airlines such as Lufthansa, KLM, Air France, LOT, SAS, Aegean Airlines, Ryanair, and others. These laws, namely EU Regulation 261/2004 and Regulation UK261, provide a basis for seeking compensation depending on the circumstances. The article explores various scenarios to provide a comprehensive understanding of your rights as a passenger.

EU Regulation 261/2004: An Overview

Let’s talk about EU flight compensation laws.

EU Regulation 261/2004, establishes comprehensive guidelines for airlines to compensate and assist passengers in cases of flight cancellations, denied boarding, or significant delays. This regulation applies to both scheduled and charter flights, and it even extends its protection to non-EU airlines.

Under EU 261/2004, passengers are eligible for compensation in various situations. If your flight is delayed for more than 3 hours, cancelled less than 14 days before departure, or if you are denied boarding due to overbooking, you are entitled to receive compensation. It’s important to note that the fault must lie with the airline for these circumstances to apply.

The amount of compensation you can claim depends on the distance of your flight. Generally, the compensation ranges from 250 to 600 euros. The longer the flight, the higher the compensation.

• €250 – if the distance of your flight is up to 1500 kilometres.
• €400 – if the distance of your flight is between 1500 – 3500 kilometres.
• €600 – if the distance of your flight is more than 3500 kilometres.

EU 261/2004 ensures that all passengers, regardless of their nationality, are protected by these regulations. So whether you’re a European or not, you have the right to claim compensation and assistance as stipulated by this regulation.

Regulation UK261: An Overview

Let’s talk about UK flight compensation laws.

Following Brexit, the UK government has implemented its own air passenger rights regulations known as Regulation UK261. This regulation closely mirrors the EU Flight Compensation Regulation 261/2004, offering equivalent protection and compensation. The added benefit is that these rights extend to flights to and from the UK.

However, there is one key difference: compensation is paid in pounds under UK261 instead of euros. If your flight falls under UK261, it’s likely that any compensation you receive will be in pounds.

Here is the compensation you can receive for your UK flight:

• For flights that are 1,500 km or less (1-2 hour-long flights), the compensation is GBP 220.
• For flights between 1,500 km and 3,500 km — GBP 350.
• For flights exceeding 3,500 km — GBP 520.

It’s important to consider the airline you’re flying with (whether UK, EU, or other) as this determines which regulation applies – Regulation EC261 or UK261. Understanding the appropriate law to reference when filing a claim is crucial for a successful resolution.

You Are Flying With a EU Airline: Which Laws Protect You as a Passenger?

You’re flying with a EU airline (KLM, Air France, SAS, Lufthansa, etc.).

Which laws protect you? There are several different scenarios possible — below we have listed all of them. Don’t forget that if it’s a connecting flight, your destination is your final destination.

You Are Flying With a EU Airline: Scenarios When You Are Protected

Here are all the scenarios when you are protected:

1. EU – EU (only EU261)
2. EU – UK (UK261 & EU261)
3. EU – Third country (only EU261)
4. UK – EU (UK261 & EU261)
5. UK – UK (only UK261)
6. UK – Third country (only UK261)
7. Third country – EU (only EU261 law)
8. Third country – UK (only UK261 law)

How does it work in the real life?

Below are some real-life examples.

1. Lufthansa flight from Munich to London

If your Lufthansa flight from Munich (MUC) to London Heathrow (LHR) is delayed for 3+ hours, cancelled, or if you have been involuntarily denied boarding due to overbooking, you may be wondering which regulation to reference for making a claim.

Let’s take a closer look. Since you are flying with a EU airline, Lufthansa, and your flight departs from Munich, an EU airport, you are covered by the EU Flight Compensation Regulation 261/2004 as a passenger. Furthermore, as your flight lands at London Heathrow, an airport in the UK, you are also protected under the UK261 regulation.

When submitting a claim, you can refer to either of these regulations.

2. KLM Flight From Amsterdam to Singapore

You have a KLM flight from Amsterdam (AMS) to Singapore (SIN).

Your AMS – SIN flight has been significantly delayed, overbooked or cancelled at the last minute, and the disruption was due to the airline’s fault. When seeking compensation for disruptions to your KLM flight, you should refer to the EU Flight Compensation Regulation 261/2004. This regulation applies because KLM is an EU airline. Even if the flight lands in a non-EU country.

When making a claim, refer to the EU Regulation 261/2004.

3. LOT Flight From London to Warsaw

You have a LOT flight from London Heathrow (LHR) to Warsaw (WAW), Poland.

Your flight is operated by a EU airline, LOT Polish Airlines. It departs from London Heathrow, a UK airport, and arrives in Poland, an EU country.

If your flight is significantly delayed due to the airline’s error, cancelled at the last-minute due to the airline’s error, or if you are involuntarily denied boarding, you may be eligible for flight compensation from LOT. In this situation, both UK261 and EU261 regulations apply (because your EU flight lands at a UK airport).

Both regulations are applicable in this specific scenario.

4. Norse Atlantic Airways Flight From Oslo to Bangkok

You have a Norse Atlantic Airways flight from Oslo (OSL) to Bangkok (BKK).

If this flight is heavily delayed, cancelled at the last minute, or if you have been denied boarding due to overbooking, you may wonder which regulation applies when filing a claim for this disruption.

The answer is quite straightforward. Since Norse Atlantic Airways is an EU airline, and your flight departs from a EU airport but lands in a third country (a country outside the EU and the UK), the applicable regulation for compensation is EU Flight Compensation Regulation 261/2004.

Keep in mind that in order to be entitled to compensation, the disruption must be due to the airline’s fault.

When filing a claim, make sure to refer to the EU Regulation 261/2004.

Are you flying with a EU airline? Do you have more questions about the EU Regulation 261/2004 and your rights as a passenger? Ask in the comments.

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.

Featured photo by Dušan Cvetanović from Pexels