You are flying with a non-EU, non-UK airline.
You may be wondering what laws protect you in case of a flight disruption.
Surprisingly, certain flights are still safeguarded by European regulations (known as UK261 and EU261), even if the airline is registered outside of Europe. If your flight departs from an airport in the EU or the UK and is operated by a non-European airline like Emirates, Qatar Airways, Singapore Airlines, Delta, Turkish Airlines, etc., rest assured that your air passenger rights are still protected. This article provides a comprehensive overview of the various scenarios discussed.
EU Regulation 261/2004 and Regulation UK261: Basics
In Europe, there are two regulations that safeguard the rights of air passengers: EU Regulation 261/2004 and Regulation UK261. These regulations share many similarities, with the only distinction being the currency in which compensation is provided. If your flight falls under UK261, you can expect compensation to be paid in pounds instead of euros. It’s crucial to know which regulation applies to your situation.
You are protected under these regulations in the following scenarios:
- If your flight is delayed for 3 or more hours,
- If your flight is cancelled less than 14 days before the departure date,
- If you are denied boarding due to overbooking.
However, it’s important to note that these protections only apply if the fault lies with the airline.
Compensation cannot be provided in cases where flight disruptions occur due to extraordinary circumstances (i.e., bad weather, pandemics). Similarly, if you are denied boarding due to visa or passport issues, compensation is not applicable.
How Much Is Flight Compensation?
The compensation amounts are based on the distance of the flight:
- €250 (£220) – if the distance of your flight is up to 1,500 kilometres.
- €400 (£350) – distance is between 1,500 – 3,500 kilometres.
- €600 (£520) – distance is more than 3,500 kilometres.
In essence, the compensation amount increases as the flight distance increases.
Read more: Regulation EC261 vs UK261
You Are Flying With a Non-EU, Non-UK Airline: Which Laws Protect You as a Passenger?
If you are flying with a non-EU, non-UK airline such as Emirates, Qatar Airways, Singapore Airlines, Delta, Turkish Airlines, and others, there are several scenarios to consider. We have provided a comprehensive list below.
Remember, if you have a connecting flight, your final destination is what matters.
Not any of the layover airports.
Consider this scenario: You have a connecting flight from Paris to New York, with a stop in London. Your ultimate destination is New York, and London is simply a layover. If, due to the airline’s fault, you arrive in New York three or more hours later than scheduled, you are entitled to compensation for the missed connection flight for the entire “Paris – New York” journey.
You Are Flying With a Non-EU, Non-UK Airline: Scenarios
Here are all the scenarios, when you are protected:
- EU – EU (only EU261),
- EU – UK (only EU261),
- EU – Third country (only EU261),
- UK – EU (only UK261),
- UK – UK (only UK261),
- UK – Third country (only UK261).
How does it work in the real life?
Below are some real-life examples.
1. Emirates Flight From London to Dubai
You have an Emirates flight scheduled from London Gatwick (LGW) to Dubai (DXB).
Since it’s a flight departing from a UK airport, it falls under the protection of UK Regulation 261. This protection applies even if it’s a flight operated by a non-UK airline like Emirates. In the event of a significant delay, last-minute cancellation, or involuntary denied boarding, you are covered by UK law and may be eligible for flight compensation from the airline. As long as the disruption is due to the airline’s fault.
When submitting a compensation claim, make sure to reference the UK Regulation 261.
Please note that the EU Regulation 261/2004 does not apply in this particular case.
2. Turkish Airlines Flight From Athens to Istanbul
If you are scheduled to fly with Turkish Airlines from Athens (ATH) to Istanbul (IST), please note that this flight falls under the EU Regulation 261/2004, as it departs from a EU airport.
This means that if the flight is delayed for 3+ hours, cancelled last-minute, or if you are denied boarding, you are eligible for compensation from Turkish Airlines, provided that the disruption is the airline’s fault.
It is important to remember that Regulation UK261 does not apply in this case. When filing a compensation claim, make sure to reference the EU Regulation 261/2004 for a smooth process.
3. Singapore Airlines Flight From Singapore to London — Neither Regulation Applies!
You have a Singapore Airlines flight from Singapore (SIN) to London Heathrow (LHR).
You are flying with a non-EU, non-UK airline. Please note that since this airline is not registered in the UK or the EU, and you are departing from an airport that is also not in the EU or UK, you are not entitled to any protections under either EU 261 or UK 261 regulations.
Consequently, you will not be eligible for compensation from Singapore Airlines in this case.
4. Qatar Airways Flight From Doha to Milan — Neither Regulation Applies!
You have a Qatar Airways flight from Doha (DOH) to Milan Malpensa (MXP).
This flight falls outside the scope of either regulation. Given that this flight is operated by Qatar Airways, an airline registered outside the EU/UK, and you are traveling from a non-EU/non-UK country, you are not entitled to the protections outlined in EU 261 or UK 261. Consequently, if there are delays, cancellations, or overbookings on your Qatar Airways Doha to Milan flight, you are not eligible for compensation.
It is important to note that Qatar Airways does not provide UK/EU compensation in this particular scenario.
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.
Are you flying with a non-EU, non-UK airline? Do you have more questions about the Regulation UK261 or EU261 and your rights as a passenger? Ask in the comments.
Featured photo by Harrison Macourt from Pexels