Your
Rights if Denied Boarding on Your Flight to or within the
European Union
The EU's
Official Policy
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The EU now has
comprehensive and helpful information and rights published
for passengers on EU flights.
Part
of a series on being bumped from flights, see the other
articles in this series listed on the right. |
Even though you might be in a
foreign country, and flying a foreign airline, all is not lost
if you're bumped off a flight in an EU nation.
A comprehensive set of air
passenger rights - better than we have in the US - gives you
protection in many different situations when you have problems
with your air travel.
On this page we consider your
rights in the case you're bumped off a flight in the EU.
Your Official Rights within the
European Union
In 2004 the European Union
introduced a
standard set of airline passenger rights that covers a range of
different problems and what the airlines must do in such cases.
This regulation is generally referred to as 261/2004.
These rights apply to all flights that depart from any
airport within the EU, and to any flights that depart from other
places in the world if the flight is flying in to the EU and the
airline is based in the EU.
Included is a section on
your rights if you are bumped off a flight.
The full text of the
regulation can be seen
here, and is shown, formatted and slightly Americanized,
below. Comments in [square brackets] are mine. You
might wish to print off a copy of this and keep it with your
travel documents, just in case you ever need to refer to it at
an airport.
See also our page about what
to do if you are involuntarily denied boarding for more advice
and suggestions about how to handle such a situation.
This information from Britain's Civil Aviation Authority
also gives you helpful advice about what to do if you have a
problem and the airline is unhelpful in solving it.
Article 4
Denied boarding
1. When an operating air
carrier reasonably expects to deny boarding on a flight, it
shall first call for volunteers to surrender their reservations
in exchange for benefits under conditions to be agreed between
the passenger concerned and the operating air carrier.
Volunteers shall be assisted in accordance with Article 8, such
assistance being additional to the benefits mentioned in this
paragraph.
2. If an insufficient number
of volunteers comes forward to allow the remaining passengers
with reservations to board the flight, the operating air carrier
may then deny boarding to passengers against their will.
3. If boarding is denied to
passengers against their will, the operating air carrier shall
immediately compensate them in accordance with Article 7 and
assist them in accordance with Articles 8 and 9.
Article 7
Right to compensation
1. Where reference is made
to this Article, passengers shall receive compensation amounting
to:
(a) EUR250 for all flights
of 1500 kilometers [938 miles] or less;
(b) EUR400 for all
intra-Community flights of more than 1500 kilometers, and for
all other flights between 1500 and 3500 kilometers [938 - 2188
miles];
(c) EUR600 for all flights
not falling under (a) or (b).
In determining the distance,
the basis shall be the last destination at which the denial of
boarding or cancellation will delay the passenger's arrival
after the scheduled time.
2. When passengers are
offered re-routing to their final destination on an alternative
flight pursuant to Article 8, the arrival time of which does not
exceed the scheduled arrival time of the flight originally
booked
(a) by two hours, in respect
of all flights of 1500 kilometers [938 miles] or less; or
(b) by three hours, in
respect of all intra-Community flights of more than 1500
kilometers and for all other flights between 1500 and 3500
kilometers [938 - 2188 miles]; or
(c) by four hours, in
respect of all flights not falling under (a) or (b), the
operating air carrier may reduce the compensation provided for
in paragraph 1 by 50%.
3. The compensation referred
to in paragraph 1 shall be paid in cash, by electronic bank
transfer, bank orders or bank checks or, with the signed
agreement of the passenger, in travel vouchers and/or other
services.
4. The distances given in
paragraphs 1 and 2 shall be measured by the great circle route
method.
Article 8
Right to reimbursement or
re-routing
1. Where reference is made
to this Article, passengers shall be offered the choice between
:
(a) reimbursement within
seven days, by the means provided for in Article 7(3), 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, and 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,
together with, when relevant, a return flight to the first point
of departure, at the earliest opportunity;
(b) re-routing, under
comparable transport conditions, to their final destination at
the earliest opportunity; or
(c) re-routing, under
comparable transport conditions, to their final destination at a
later date at the passenger's convenience, subject to
availability of seats.
2. Paragraph 1(a) shall also
apply to passengers whose flights form part of a package, except
for the right to reimbursement where such right arises under
Directive 90/314/EEC.
3. When, in the case where a
town, city or region is served by several airports, an operating
air carrier offers a passenger a flight to an airport
alternative to that for which the booking was made, the
operating air carrier shall bear the cost of transferring the
passenger from that alternative airport either to that for which
the booking was made, or to another close-by destination agreed
with the passenger.
Article 9
Right to care
1. Where reference is made
to this Article, passengers shall be offered free of charge :
(a) meals and refreshments
in a reasonable relation to the waiting time;
(b) 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;
(c) transport between the
airport and place of accommodation (hotel or other).
2. In addition, passengers
shall be offered free of charge two telephone calls, telex or
fax messages, or e-mails.
3. In applying this Article,
the operating air carrier shall pay particular attention to the
needs of persons with reduced mobility and any persons
accompanying them, as well as to the needs of unaccompanied
children.
Part
of a series on being bumped from flights, see the other
articles in this series listed on the top right.
Related Articles, etc
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Originally published
17 Jul 2009, last update
30 May 2021
You may freely reproduce or distribute this article for noncommercial purposes as long as you give credit to me as original writer.
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