What Is EU 261 And How Does It Work?

It’s every traveler’s worst nightmare. You arrive at the airport, fight through security and hike your way to your gate, only to find your flight has been unexpectedly delayed. Or worse, canceled. Sadly, it’s likely that everyone who travels will experience this at some point, and when it happens to you, it can mean unexpected expenses.

Luckily, consumer protections are in place if you’re flying into, out of or within Europe. Through European Union regulation EC 261, commonly referred to as EU 261, all EU flights can qualify for compensation, refund or rerouting by the airline in case of delay, cancellation or denied boarding. Additionally, the statute outlines how much a passenger should be compensated, eliminating the need to negotiate with an airline.

Why Do Passengers Need Protections?

When you book a flight, you’re taking on the risk that something unexpected might happen, and airlines offer trip insurance for this reason. The plane could have mechanical issues, staff could call off sick or maybe inclement weather prevents the plane from taking off or landing at its scheduled time and destination. When such events occur, the consumer is often left on the hook for any unexpected expenses.

It could be as simple as needing an extra meal at the airport or maybe you need a hotel room for a night. What about transportation to and from that hotel? What if your bags are checked and you need a change of clothing? Expenses caused by delayed or canceled flights can add up quickly.

Through no fault of your own, your trip could easily cost hundreds of dollars more than you planned for. In the U.S., unless you have travel insurance or are traveling within specific contracted countries, you’ll usually be held responsible for covering these costs. You have almost no passenger protections and those that exist are put in place mostly by the airlines. Some can be taken away at any moment, as American Airlines demonstrated when it removed almost all of the passenger protections it had in place.

Read more. Best Travel Insurance Companies

What Is EU 261?

Luckily, the EU doesn’t leave it up to the airlines to decide if they want to protect delayed and canceled passengers. Instead, it put EU 261 in place to ensure every passenger is protected and treated fairly.

EU 261 provides minimum rights for passengers when their flight is delayed or canceled or they’re denied boarding against their will. The regulation establishes specific conditions under which the law applies and sets the assistance and compensation amounts for each situation.

What Qualifies a Passenger for EU 261 Protections?

In all cases, for EU 261 to apply, a passenger must have a confirmed ticket and must present themselves for check-in. The regulation doesn’t apply to those traveling on free or reduced fares not available directly to the public. However, it applies to passengers traveling on tickets issued by a frequent flyer program.

Qualifying Flights

Since this is a European Union regulation, there are some geographical limitations to which flights are covered. For a flight to be eligible for compensation under EU 261, it must be either departing from a Member State—one of the 27 EU countries, plus Iceland, Norway and Switzerland, as well as most outlying territories—or departing from a nonmember country with a destination within a Member State. The airline must be licensed in a Member State if departing from a nonmember country.

This rule includes flights departing from the EU to the U.S. and some other countries and connecting flights within the U.S. operated by U.S. partners of EU airlines. This means any U.S. domestic flight booked through an EU airline on a single itinerary is covered by the law. As you can see, this covers a large chunk of commercial flights. If your flight fits into one of these categories and is delayed, canceled or you’re involuntarily denied boarding, you should be eligible for EU 261 protection.

Delays

When a flight is delayed, passengers are eligible for assistance depending on the length of the delay. Meals, refreshments and two telephone calls or emails are provided for:

• A delay of two hours or more on flights of 1,500 kilometers (932 miles) or less
• A delay of three hours or more on intra-EU flights of more than 1,500 kilometers (932 miles) and all other flights between 1,500 kilometers (932 miles) and 3,500 kilometers (2,175 miles)
• A delay of four hours or more for all other flights

If the flight is delayed such that the expected time of departure is at least a day after the time of departure previously announced, passengers are additionally entitled to the following:

• Hotel accommodation in cases where a stay of one or more nights becomes necessary or where a stay additional to that intended by the passenger becomes necessary
• Transport between the airport and place of accommodation (hotel or other)

These types of assistance fall under “the right to care” under EU 261 and are available regardless of why your flight is delayed.

When a flight is delayed for at least five hours, passengers also become eligible for reimbursement under the “right to reimbursement or rerouting” portion of the law:

• Reimbursement within seven days of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, and, when relevant, a return flight to the first point of departure at the earliest opportunity

In all cases, if your flight arrival is delayed by three hours or more, you’re entitled to the following payments, known as the “right to compensation”:

If the airline offers rerouting to the final destination and any of the following apply, the airline can reduce the compensation by 50%.

Denied Boarding

If a passenger is denied boarding, then the passenger is immediately eligible for the rights to compensation, reimbursement, rebooking and care.

Cancellations

When a qualified flight is canceled, passengers are eligible for the rights to care, compensation, reimbursement and rerouting.

However, there are limitations on when these rights will apply. If you were informed of the cancellation at least two weeks before the scheduled time of departure, you’re not covered by EU 261. If you were informed of the cancellation between two weeks and seven days before the scheduled time of departure (and were offered a reroute departing no more than two hours before the scheduled time of departure and arriving less than four hours after the scheduled time of arrival) you’re similarly not covered.

Lastly, a flight is not covered if you were informed of the cancellation less than seven days before the scheduled time of departure, but were offered a reroute departing no more than one hour before the scheduled time of departure and reaching the final destination less than two hours after the scheduled time of arrival.

Extraordinary Circumstances

Airlines don’t have to pay compensation if they can prove the delay or cancellation was caused by extraordinary circumstances, which are defined as out-of-the-ordinary events that could not be avoided under reasonable circumstances. For example, an act of terrorism, worker strikes unrelated to the airline or weather conditions like a snowstorm or volcanic ash making flight impossible would all be considered extraordinary. Do your best to get your airline’s reason for the delay or cancellation in writing so that it can’t claim a different reason once you submit a claim.

Getting Your EU 261 Compensation

Unfortunately, even when you qualify for compensation under EU 261, the payments aren’t automatic. You need to know enough to file a claim and depending on the airline, be willing to deal with a little pushback. In any case, always stand up for your rights.

The first thing you should do when faced with a qualifying event under EU 261 is gather as much data as you can. If possible, get the reason for the situation in writing. This will help if you need proof to have your claim approved. Save any messages you received about the flight and find out the airline’s procedure for EU 261 claims.

Sometimes airlines will be proactive and send you the necessary information, including the amount you can claim and a link to their claim form. If this happens, ensure they’re offering the correct amount for your specific situation. As long as the amount matches, go ahead and make your claim.

In other cases, you may need to do the legwork. Check the EU 261 regulation details to find out how much you’re eligible to receive, find out the proper claim procedure for the airline you are dealing with and make your claim as instructed. It’s always a good idea to take screenshots and keep records as you file your claim and track your compensation to ensure you receive the full compensation amount.

In some instances, airlines may offer you a voucher for future flights instead of cash. Remember that EU 261 specifically gives you the right to cash compensation and the airline must provide it should that be your preference.

You can be confident that if you have a qualifying flight, you will eventually be compensated regardless of whether the airline makes the process easy or difficult. The EU has strict penalties for airlines that don’t comply with this regulation.

Other Options for Travel Protections

So what if the flight you want to take doesn’t qualify for EU 261 protections?

Sadly, there aren’t any regulations as customer-friendly as EU 261 in other parts of the world, but several of the best credit cards provide travel protections as long as you purchase your flights with that card. In many cases, this can even mean that you’re covered if you pay the taxes and fees on your award flights with the right card.

Even if your flight qualifies for EU 261 compensation, booking with a credit card that includes travel protections is always a good idea. In some cases, your card may cover expenses that aren’t included in EU 261. In addition, it can take time and a lot of follow-up to receive your payments under EU 261. It’s possible that a claim under your credit card’s trip delay insurance may reimburse you faster, resulting in being out of pocket for a shorter amount of time.

Read more. Best Credit Cards for Travel Insurance Benefits

Bottom Line

In a perfect world, airline travel would operate smoothly. But the reality is delays, cancellations and overbooking happen. And when they do, it’s important to be informed of your rights. When it comes to automatic travel protections for consumers, EU 261 is the gold standard. Its protection isn’t just financial—it gives you peace of mind. It also removes uncertainty about what type of assistance and compensation you’re entitled to should you experience an adverse event.