History and Purpose
EU261 is a piece of EU legislation that provides passengers with strong consumer rights and compensation for delayed or cancelled flights. Introduced in 2005, the legislation has undergone changes over the years to ensure that it remains effective and relevant. The legislation is divided into two main parts: duty of care and compensation. The duty of care gives airlines responsibilities such as offering an alternative if a flight is cancelled in advance, or providing food and accommodation to passengers whose flights suffer long delays.
Compensation
Compensation is the payouts due to passengers whose flights suffer long delays – usually starting at two hours late for short-haul flights. The amount of compensation varies depending on the length of the delay and the type of flight.
- Short-haul flights: €250
- Medium-haul flights: €400
- Long-haul flights: up to €600
Airlines do not always make it clear to passengers that they are entitled to compensation for delays or cancellations. In some cases, airlines may offer vouchers instead of refunds, making it difficult for passengers to claim compensation.
Key Points of EU261
| Rule | Description |
|---|---|
| Cancellation within 14 days | Passengers entitled to choose between refund, next available flight, or change the booking |
| Cancellation within 14 days of departure | Entitled to compensation ranging from €200 to €600 |
| Delay | May be entitled to compensation depending on length of delay and type of flight |
| Extraordinary circumstances | Compensation not paid if problem is due to extreme weather, political instability, security risks, or air traffic control problems |
Impact of Proposed Changes
Apostolos Tzitzikostas, the EU’s sustainable transport and tourism commissioner, stated that the current rules will be watered down. Anton Radchenko, CEO of AirAdvisor, a consumer rights advocate, disagrees, saying that the proposed changes will “gut” EU261. The changes, which include raising the compensation threshold to five hours for short-haul flights, nine hours for medium-haul flights, and twelve hours for long-haul flights, are expected to impact the most vulnerable passengers the most.
“Twelve hours of waiting, often in a foreign airport, without support, and not a single euro in return. Let’s be clear: this proposal doesn’t fix EU261. It guts it.” – Anton Radchenko
Supporters and Critics
The changes are supported by some travel journalists, such as Simon Calder, who argue that the current rules need reform. However, airlines, such as Ryanair and Lufthansa, are opposed to the changes, arguing that EU261 is too restrictive and costs passengers extra.
- Airlines: EU261 is too restrictive and costs passengers extra
- Travel journalists: EU261 needs reform
Definition of Extraordinary Circumstances
The legislation defines “extraordinary circumstances” as situations like extreme weather, political instability, security risks, or air traffic control problems. However, the exact definition of this term is vague, and strikes, routine mechanical problems, or staff shortages are generally not considered to be extraordinary circumstances.
Conclusion
EU261 provides strong consumer rights and compensation for delayed or cancelled flights in Europe. However, the proposed changes to the legislation are expected to water down the current rules, impacting the most vulnerable passengers the most. It remains to be seen whether the changes will ultimately benefit or harm passengers.
