Passenger Rights in the European Union: What You Need to Know

If you are a traveler and have suffered an unexpected event such as denied boarding, a flight delay or cancellation, it is important to know your rights. European legislation protects passengers in these situations, which can range from delays and cancellations to loss or damage to luggage and accidents. These rights are guaranteed by European Regulations, a legislative source directly applicable in each member state. This means they are the same for all passengers within the EU, regardless of where the accident occurs.

Volo cancellato o in ritardo

EU air passenger rights apply:

  • If your flight takes place within the EU and is run by one EU or non-EU airline
  • If your flight arrives in the EU coming from a non-EU country and is managed by one EU airline
  • If your flight starts from the EU with destination in a non-EU country and is managed by one EU or non-EU airline
  • Self you have not already received benefits (compensation, alternative flight, assistance from the airline) for problems related to this flight in accordance with the legislation in force in a non-EU country

What are passengers' rights?

Pursuant to EC Regulation no. 261/2004, passengers on flights departing from a European Union airport or arriving at a European Union airport are entitled to compensation in the event of:

  • Delay of at least three hours compared to the scheduled arrival time;
  • Flight cancellation;
  • Reassignment on a flight departing more than two hours later than the scheduled arrival time.

The amount of compensation varies depending on the distance of the flight:

  • For flights with a distance of less than 1,500 km, the compensation is 250 euros;
  • For flights with a distance between 1,500 and 3,500 km, the compensation is 400 euros;
  • For flights over 3,500 km away, the compensation is 600 euros.

Let's now look at the different situations and what rights you are entitled to:

Overbooking (Denied Boarding)

Denied boarding means the refusal of the airline to let the passenger, who has regularly gone to the gate on time and with the necessary documentation, board for any reason that is not justified such as health, safety reasons or failure to present the travel documents. travel required.

In the event of overbooking, i.e. when the airline has sold more tickets than available seats on the plane, the passenger may be asked to give up their seat on the plane in exchange for compensation, and in the event of no agreement the passenger will be able to enjoy the following rights:

  • Right to information and assistance: the passenger must be duly informed of the causes of denied boarding and must receive a booklet with the conditions of assistance and compensation. In addition, the airline must provide passengers with meals and drinks, two telephone calls and possibly one or two nights' hotel accommodation with transport to and from the airport.
  • Ticket Refund of flight: you have the right to request a refund of your ticket within seven days. This refund covers the part of the trip that was not taken and the part of the trip that you completed if the flight could no longer take place. In addition, if applicable, you are entitled to a return flight to your original point of departure as quickly as possible.
  • Transport to the Final Destination: If you prefer to continue your trip as soon as possible, the airline must provide you with transportation to your final destination under the same conditions as the booked flight.
  • Transportation to a Later Date: If you wish to plan your trip to a later and more convenient date for you, the airline must offer you this option, always subject to seat availability.
  • Right to immediate compensation: the amount of compensation varies according to the distance of the flight and can be between €250 and €600. However, it is important to know that these amounts can be reduced by 50% if the airline offers you alternative transportation that allows you to reach your destination with limited delay.

Flight cancellation

In case of flight cancellation, the passenger has the right to:

  • Information: The airline must inform you of the flight cancellation as soon as possible.
  • Assistance: The airline must offer you assistance, such as food, drinks and accommodation if necessary.
  • Refund or alternative transportation: You are entitled to a refund or an alternative flight under the same conditions as the canceled flight.
  • Compensation: In some cases, you can also request compensation similar to that seen for denied boarding.

Compensation is due if the flight cancellation was caused by the negligence of the airline. In particular, compensation is due if:

  • The airline has informed you of the cancellation of the flight with less than 14 days in advance.
  • The airline has not offered you an alternative flight that allows you to arrive at your destination with a reasonable delay.
  • The airline was unable to prove that the cancellation was due to extraordinary circumstances, such as political instability, weather conditions that prevent the smooth running of the flight route, security risks, etc.

Flight delay

In the event of a flight delay, the passenger has the right to:

  • Information: The airline must inform you of the flight delay as soon as possible.
  • Assistance: The airline must offer you assistance, such as food, drinks and accommodation if necessary.
  • Compensation: if the delay is more than 3 hours and the airline is unable to demonstrate that the delay was caused by extraordinary circumstances. L'amount of compensation depends on the flight distance:
    • For flights of less than 1,500 km, the compensation amounts to €250.
    • For flights between 1,500 and 3,500 km, the compensation amounts to €400.
    • For flights exceeding 3,500 km outside the EU, however, the compensation amounts to €600.
  • Reimbursement: if the delay is more than 5 hours and the passenger decides not to continue the journey, he will be entitled to a refund within 7 days of the total cost of the ticket at the purchase price corresponding to the part of the journey not carried out and to that carried out if the flight does not it has more reason to exist. Where applicable, a return flight to the first point of departure is scheduled as soon as possible. 

Your Rights, Our Legal Assistance

As specialized lawyer, I offer my service legal assistance to help you assert your rights in the event of flight delays, cancellations or other incidents during your travels in the EU. If you encounter problems such as delays, cancellations or other inconveniences, please do not hesitate to contact us for professional legal assistance.