EC261 (formally Regulation (EC) No 261/2004) is an EU regulation that establishes common rules on compensation and assistance to air passengers in the event of:
Denied boarding: When an airline prevents you from boarding a flight, often due to overbooking.
Flight cancellations: When your flight is cancelled.
Long delays: When your flight arrives significantly late at its destination.
Downgrading: If you are placed in a lower class than what you paid for.
Key aspects of EC261:
Scope: It applies to flights departing from an EU airport (or Iceland, Norway, Switzerland) and flights arriving at an EU airport (or Iceland, Norway, Switzerland) if the airline is an EU carrier.
Compensation: Passengers may be entitled to financial compensation (ranging from €250 to €600, depending on flight distance) if their flight is delayed by three hours or more, cancelled with less than 14 days' notice, or if they are denied boarding due to overbooking, unless "extraordinary circumstances" (beyond the airline's control, like severe weather or political instability) are to blame.
Assistance and Care: Regardless of the reason for the delay or cancellation, airlines must provide passengers with:
Meals and refreshments in reasonable relation to the waiting time.
Two free phone calls, emails, or faxes.
Hotel accommodation and transport between the airport and hotel if an overnight stay is necessary.
Reimbursement or Re-routing: In cases of cancellation or delays of five hours or more, passengers have the right to choose between:
A full refund of their ticket for the unused parts of their journey.
Re-routing to their final destination at the earliest opportunity.
Re-routing at a later date of their choice.
It's important to note that while EC261 is an EU regulation, the UK has largely assimilated it into its own law post-Brexit. Therefore, similar rights apply to flights departing from or arriving in the UK.
If you believe your rights under EC261 have been infringed, you can typically claim compensation directly from the airline. If that doesn't resolve the issue, there are national enforcement bodies (like the Civil Aviation Authority in the UK) and alternative dispute resolution bodies that can assist.
To make a successful EC261 claim, it's essential to keep good records. While the exact documentation might vary slightly depending on the airline and the nature of your claim, here's a comprehensive list of proof you should aim to keep:
Essential Documents:
Booking Confirmation/E-ticket: This is crucial. It contains your booking reference, flight number, departure and arrival airports, scheduled departure and arrival times, and passenger names.
Boarding Pass(es): Keep all boarding passes, even for connecting flights. They provide concrete evidence that you were checked in for and intended to take the flight.
Proof of Identity: While not always required in the initial claim, having a copy of your passport or national ID (especially if it was used for booking) can be useful.
Evidence of the Disruption:
Confirmation of the Delay/Cancellation:
Airline Communications: Any emails, SMS messages, or official letters from the airline informing you of the delay, cancellation, or denied boarding.
Screenshots: If the airline's website or airport information screens displayed the delay/cancellation, take photos or screenshots.
Announcements: Note down any announcements made at the airport, especially if they mentioned the reason for the disruption.
Actual Flight Times:
Arrival Time: Crucially, if claiming for a delay, you need to prove your actual arrival time at your final destination. Use flight tracking apps (like FlightAware, FlightStats) to record this, or check the airline's official records.
Departure Time: Note the actual departure time from the gate.
Proof of Expenses Incurred (for reimbursement of care and assistance):
Receipts for Meals and Refreshments: If you had to purchase food and drinks due to the delay, keep all receipts.
Hotel Receipts: If you were provided with (or had to pay for) overnight accommodation, keep hotel invoices.
Transport Receipts: Receipts for transport between the airport and your hotel (or home if nearby).
Communication Costs: Records of phone calls, texts, or internet usage if you had to pay to communicate due to the disruption.
Other Reasonable Expenses: Any other reasonable and necessary expenses incurred directly as a result of the flight disruption (e.g., if you missed a pre-paid event and had to buy new tickets, though this is often harder to claim).
Other Useful Information to Note:
Date and Time of Delay/Cancellation: Be precise about when the event occurred.
Reason Given by the Airline: Did the airline state a reason for the delay or cancellation? Note it down, even if it's vague. This helps determine if "extraordinary circumstances" were cited.
Staff Names (if relevant): If you spoke to specific airline staff, noting their names can sometimes be helpful.
Witness Details (optional): If you were traveling with others, or if there were other passengers who can corroborate your experience, their contact details could be useful.
Tips for Keeping Proof:
Take Photos: Take pictures of boarding passes, airport screens, and receipts.
Keep Digital Copies: Scan or photograph all physical documents and save them in a dedicated folder.
Organize: Keep all related documents together for easy access.
Be Persistent: If the airline initially rejects your claim, having thorough documentation strengthens your case for escalation to a national enforcement body.
- Morning Live, Series 7: 26/06/2025: www.bbc.co.uk/iplayer/episode/m002f14r via @bbciplayer (available for 11 months)
- https://www.caa.co.uk/passengers-and-public/resolving-travel-problems/delays-and-cancellations/denied-boarding/
- https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm
