Denied boarding

EC 261/2004 covers all flights within the EU airspace. It also includes Iceland, Norway, Switzerland and the outermost regions - i.e. French Guiana and Martinique, Mayotte, Guadeloupe and La Reunion, Saint-Martin, Madeira and the Azores, and the Canary Islands.

The regulation also covers all flights departing from an EU airport, and all flights departing out of the EU but having an EU destination which are operated by an EU air carrier.

Here is a simple chart to summarize:

If you want to find out whether your flight is eligible for compensation you may use AirLawyer’s Compensation Check platform.

If boarding was denied to you against your will, you are entitled to compensation as if your flight was cancelled and also to be reimbursed for the full cost of your ticket or to be re-routed to your final destination at your convenience.

If your flight was over-booked and you volunteered to surrender the reservation in exchange for a travel voucher, airline miles or other sort of compensation, you are no longer eligible under the Regulation.

You are also not entitled to compensation if:

• You didn’t check-in or present at the gate on time
• You didn’t have the proper documentation
• You created a health, safety or security concern

The established amounts of compensation based on EC 261/2004 range between 125 and 600 Euros based on the distance between your point of departure and arrival and the length of the delay of arrival at your final destination.

You may find the amounts you can claim in the table below:

If you had a single booking for all your flights (same booking reference), your compensation will be calculated based on the total distance between your initial place of departure and final destination, regardless of your intermediate stops.

• Ask for the airline’s written confirmation that you were denied boarding, including the reason for that
• Hold tickets and boarding passes related to the missed flights and to any other alternative flights
• If you are offered re-routing keep a note of the actual arrival time at your final destination. Remember that arrival time is when the airplane opens its door for disembarkation, and not when the airplane lands or parks at the gate. If you can, collect some proof, like photos of the departure board or any communication with the airline confirming the disruption.

Your claim is time limited according to the law of your country, provided that either the place of departure or the place of destination is situated in that country. Otherwise, your claim will be time limited according to the law of the country where the carrier has its headquarters.

Right to reimbursement or re-routing

The airline should offer you either:

1. A full refund of the part of the journey not made and a return flight to your first point of departure at the earliest opportunity, or
2. Re-routing to your final destination at your convenience.

Right to care

The airline should provide you with meals and refreshments during your delay, as well as access to communication, including two telephone calls, telex or fax messages, and emails. If overnight stay is needed, the airline should provide accommodation at a hotel and transportation to and from the airport.

Upgrading and downgrading

If the carrier offers re-routing and places you in a class higher than that for which the ticket was purchased, it should not request any supplementary payment.

If you are placed in a class lower than that for which the ticket was purchased, the carrier shall, within 7 days, reimburse:

(a) 30 % of the price of the ticket for all flights of 1,500 km or less, or

(b) 50 % of the price of the ticket for all intra-Community flights of more than 1,500 km and for all other flights between 1,500 km and 3,500 km, or

(c) 75 % of the price of the ticket for all flights not falling under (a) or (b).

Right to further compensation

Further to the compensation provided by EC 261/2004, you can also claim additional compensation for damages that occurred due to the denying of boarding, such as the cost of your alternative travel by any means (including air, boat, train, bus, car rental etc.), the cost of overnight hotel accommodation or the cost of missed paid events (such as conferences, pre-booked hotel accommodation or car rental, etc.). In order to claim the above the above damages you should be able to provide evidence of the costs, such as invoices, receipts, bank account payments etc.

In case of an illegal act or omission of the carrier, you can also claim moral damage for your physical and mental suffering, in certain jurisdictions.

Right to be informed

Every airline should inform its passengers about their rights under EC 261/2004. Specifically:

• The carrier shall provide you with a written notice setting out the rules for compensation and assistance in line with EC 261/2004. The contact details of the Civil Aviation Authority shall also be given to you in written form.
• If you are a blind or a visually impaired person, the carrier shall use appropriate alternative means to notify you of your rights.

You may read the text of Regulation EC 261/2004 here.