What To Do For Flight Cancellation And Delay In The EU? Know Your Travel Rights
“If my flight is cancelled, do I get a refund?” It’s disappointing when a flight gets delayed even after booking the tickets one month in advance and checking all the small details with the airline.
Things become all the more difficult when it’s a flight in the European Union with strict flight regulation policies.
Still, a flight refund is something that immediately comes to mind whenever there is a flight cancellation and delay. And thanks to the European Union Aviation Safety Agency (EASA) and the EU law, we have legal provisions to protect our rights in case of denied boarding and flight cancellation.
Moreover, the European Consumer Centres Network (ECC-Net) has a detailed directive on the rights of claiming refunds for a flight cancellation and delay.
Hi, in this Dream and Travel Guide, we will discuss refunds and other rights when a flight gets cancelled or delayed in the European Union.
What Are My Refund Rights For Flight Cancellation And Delay In The European Union?
The refund rights for flight cancellation and delay in the European Union (EU) are applicable for the following flights.
1. Any flight flying to and from any EU country
2. Any airline of a country whose airline service is registered in the EU
Let’s understand the regulations and rights for flight cancellations in different scenarios.
Regulation (EC) No 261/2004 Of The European Parliament And Of The Council
Regulation (EC) No 261/2004 of the European Parliament and of the Council, issued on 11th February 2024, has a detailed guideline about the assistance and compensation rules for passengers who are denied boarding or whose flights are delayed for long hours and cancelled.
When a flight gets cancelled, you have to choose between three options offered by your airline based on the comparable transport conditions.
- A Ticket Refund
- A Return Flight Ticket to Your Departure Airport
- Or, A Replacement Ticket to Your Final Destination
Also, if the airline is cancelling your ticket at the last moment, it will have to provide a flight ticket to the same destination.
Moreover, when your flight is delayed, you are entitled to get the following benefits.
- Free meals and drinks based on the hours of delay
- Transportation from the airport to your hotel or accommodation is free of cost.
- Free hotel accommodation for extended stays or staying in hotels when the flight is delayed by one or more nights
- Free opportunities to communicate through emails, telex messages, or fax
What Is My Refund Right For Flight Cancellation And Delay Due To Force Majeure?
When a flight cancellation and delay happen due to poor weather conditions, terrorism, air traffic strike, or any other force majeure, you are not eligible for a refund from the airline.
What Is My Refund Right For Flight Cancellation And Delay Due To Technical Problems?
The Court of Justice of the European Union does not recognize technical problems in a flight as a force majeure. So, if a flight cancellation and delay take place due to technical problems at any stage of the airline’s operations, the passengers are entitled to compensation.
However, suppose there is a manufacturing defect in the flight and the builder of an aircraft identifies the fault, causing a delay or cancellation. In that case, the airline will not have to pay the compensation.
Still, the airline will have to offer a ticket refund or assistance to the passengers.
What Is My Refund Right For The Delay At Work For A Flight Cancellation And Delay?
You will get a refund for flight cancellation and delay from your airline. However, the airline will not compensate you for your earnings loss. Even your travel insurance policy will not cover the loss of pay or earnings caused by delayed/cancelled flights.
Moreover, from a legal perspective, it is your responsibility to inform your employer in the following scenarios.
- Late Joining
- Inability to Attend a Meeting
- Missing Deadlines
- Absence from Work
You have to negotiate with your employer and reach an agreement regarding the situation to get paid or unpaid leave. However, the employer does not have any legal obligation to pay for your delay/absence caused by a flight cancellation or delay. Of course, some employment contracts cover this.
What To Do During Flight Cancellation And Delay If I Have A Packaged Tour Booking?
When you are booking a package holiday and there is a flight cancellation and delay, you have the right to seek compensation from your EU-based tour operator under the EU Package Travel Directive.
Also, if the airline has informed you about the cancellation less than 14 days before your scheduled flight, or if there is any fault in the airline’s operations, you can get financial compensation.
However, here also, if the delay or cancellation happens due to poor weather conditions or any other reason beyond the control of the airline, the tour operator, or the airline, you will not get any compensation.
Nevertheless, check out the tables below to know about your refund and assistance rights in usual scenarios. Table 1 has the details of the assistance from the airline and Table 2 is about your assistance from the package tour operator.
Table 1: Your Rights With The Airline
Here are your rights for a refund and more.
| Refund or Re-Routing | • Get a Full Refund • Or, A Replacement Flight to Your Destination |
| Compensation | • Financial Compensation between €250 and €600 Based on Your Flight Route and Distance |
| Care and Assistance | • Free Meals and Beverages During the Delay • Accomodation for Extended Delays |
| Alternative Transport | • Arranging a Quicker and Different Mode of Transportation |
Table 2: Your Rights With The Package Tour Operator Under The EU Package Travel Directive
The EU Package Travel Directive protects the interests of travelers with the following rights.
| Refund | Full Refund for the Ticket |
| Alternative Arrangements | An Alternative Holiday Package |
| Assistance | Assistance with Meals, Beverages, and Accommodation for Delayed Flights |
Is It Difficult To Assert My Right to Flight Cancellation And Delay?
There are three aspects when we talk about the difficulty in asserting rights in case of a flight cancellation and delay.
- Airlines do not follow up with passenger complaints. Even if they do, they take an unreasonable time to settle the compensation or refund.
- Further, often, airlines offer discounts to settle the problem unofficially. Here, the compensation is much less than the entire ticket refund amount or the compensation you can get.
- Moreover, most of the time, the passengers are not aware of their rights related to flight cancellation or delay.
Thankfully, there are now travel assistance platforms such as AirHelp, which can make your refund claims for flight cancellation and delay compact, comprehensive, and easier.
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