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Common Misconceptions About EC261

Even in 2024, many travellers remain unaware of or misunderstand their rights under the European Union’s EC261 regulation.

For instance, many believe that it only applies to Europeans. That’s incorrect. This rule applies to every passenger. Established to protect air passenger rights, EC261 defines your rights if there are flight issues. Thanks to this rule, you can receive assistance and compensation from the airline. Your nationality is not relevant to this.

In this post, we’ll correct some common myths about EC261.

What Is EC261 Regulation?

The EC261 Regulation is a law in the European Union that describes the rights of airline travellers whenever they experience flight disruptions.

For instance, if your flight is delayed by three hours or more, cancelled with less than two weeks’ notice, or overbooked, in many cases, you have the right to flight compensation.

The amount of money you can get depends on the length of your flight.

Does EC261 apply in the UK? Yes, it does.

Read more: Understanding Passenger Rights Under the EC261 Regulation

Misconception 1: Compensation is Guaranteed for All Delays (It Isn’t)

Understanding Compensation Criteria

A common belief is that every flight delay entitles you to compensation, but that’s not true. EC261 states that compensation applies if a delay exceeds three hours. In addition, the reason for the delay must be something the airline can control.

Exceptional Circumstances

Flights delayed due to extraordinary circumstances like severe weather, political unrest, or safety threats are not eligible for compensation.

It’s important to understand these exceptions to set your expectations right.

The Role of Airline Responsibility

To make a valid claim, the delay must be caused by issues that the airline can handle, such as mechanical problems or operational issues. Knowing these details helps you figure out when you can claim compensation.

Misconception 2: Only EU Citizens Can Receive Compensation (Everyone Can)

Who Can Get Compensation Under EC261?

EC261 covers all passengers, no matter what country they’re from, as long as they’re flying on an eligible flight. This extensive coverage ensures that many different types of travellers can benefit from the regulation.

Flights Included by EC261

Flights leaving from an EU airport, regardless of the airline’s origin, and flights arriving in the EU on a European-based airline are included under EC261.

  • If the airline is Europe-based, these rules apply to every one of their flights.
  • For non-European airlines, these rules only apply to flights departing from Europe.

By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.

Misconception 3: Compensation Is Coupons (No, You Can Ask for Money)

Different Forms of Compensation

Airlines might give vouchers or other services as compensation.

However, you have the right to ask for cash if you prefer.

The same applies to flight cancellation refunds (if the airline cancels a flight).

The Value of Vouchers

Vouchers often come with terms like limited validity or specific usage rules. Knowing these restrictions can help you decide whether to accept them.

Also, be sure to consider the actual value of the voucher.

Misconception 4: Claims Must Be Filed Immediately (No, It Can Be Done Later)

Time Limits for Filing Claims

EC261 allows you to submit claims several years after the flight issue, depending on the country’s legislation. Yes, you can file claims for past flights as well.

Many European countries allow travellers to submit claims within 2-3 years of the flight problem. In certain countries, this period can be 5-6 years, but typically, the standard timeframe is around 3 years.

Seeking Assistance

If you’re unsure of how to proceed, you might want to get help from a company that work with EC261 claims. They can offer valuable advice and support.

Fill out our claim form, and we’ll pass your claim to the experts.

Euro banknotes

Misconception 5: Only Major Airlines Follow EC261 (No, the Laws Apply Equally to All Airlines)

Universal Compliance

All airlines flying in the EU need to follow EC261, no matter their size. This universal regulation makes sure that all passengers are treated fairly, including those flying low-cost airlines.

Laws are the same for Lufthansa, Ryanair, KLM, and Turkish Airlines.

These laws also cover charter airlines.

Reporting Non-Compliance

If an airline does not follow EC261, report the concern to the appropriate authorities.

In the European Union, these authorities are called National Enforcement Bodies.

By doing so, you help ensure the regulation is upheld and others are safeguarded.

Misconception 6: The Airline Will Cover All Extra Expenses, Too (Not True)

Compensation Limits

Aside from the compensation, often, you have a right to care.

This right includes certain costs due to the delay, like food and accommodation. If the airline does not provide these services when required, you can pay for them yourself and later request reimbursement for these expenses. Remember that only essential needs are covered.

It may not cover every expense incurred.

Keeping Receipts

Hold on to all receipts and paperwork for any costs you had because of the disruption.

These could be required for getting the money from the airline.

Having Travel Insurance May Help You

Although not required, this could help you get more than what the airline is obligated to pay in case of flight disruptions.

Moreover, having good insurance is always a smart move.

Misconception 7: EC261 Covers All Flight Problems

Scope of EC261

EC261 covers flight delays, cancellations, and denied boarding.

It doesn’t apply to issues like lost baggage or complaints about in-flight services.

Additionally, it isn’t valid worldwide or with all airlines.

Knowing Other Rules

Get familiar with other regulations and policies that address different parts of air travel. For example, when flying with non-European airlines or from non-European countries.

This knowledge can help you feel more confident and protected.

Misconception 8: Children Are Not Eligible for Compensation

Equal Treatment for All Passengers

EC261 covers all passengers, including infants and children.

They have the right to the same compensation as adults for any flight disruptions.

Including Children in Claims

When you make a claim, list all the impacted passengers, no matter their age.

So, you all get the full compensation you deserve.

Speaking of children, friends, and family – you can still file a claim for them even if you weren’t on the flight with them yourself. Only if they are adults, they will have to sign the claim themselves.

Misconception 9: Refunds Are the Same as Compensation

Differentiating Refunds from Compensation

Refunds are when you get back the money you paid for your ticket.

Compensation, on the other hand, is intended to make up for the trouble caused by delays or cancellations. Knowing the difference is important.

If your flight is cancelled, you might be entitled to both.

Claiming Both Refunds and Compensation

You might qualify for both a refund and compensation under EC261.

Ensure to apply for both if necessary.

Here’s one situation where this applies:

  • .Lufthansa has cancelled your flight.
  • You don’t want to accept the new flight offered by the airline, so you’ll request a refund. You are entitled to a full refund from the airline.
  • If the cancellation occurred within 2 weeks before the departure date, and if it was due to the airline’s fault, you are also entitled to flight cancellation compensation.

Understanding EC261 can improve your travel experience, making unforeseen disruptions more manageable. We hope that after reading this, you’ll become a more knowledgeable traveller.

Featured photo: Pixabay

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