European Commission Regulation 261/2004 is a regulation establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights. It repealed Regulation (EEC) No. 295/91, and went into effect on 17 February 2005. It sets out the entitlements of air passengers when a flight that they intend to travel on is delayed or cancelled, or when they are denied boarding to such a flight due to overbooking, or when the airline is unable to accommodate them in the class they had booked.Make A Claim
The regulation applies to any passenger:
- departing from an airport located in the territory of a Member State to which the Treaty applies; the protection accorded to passengers departing from or to an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight and where a community carrier is defined as any carrier licensed to operate within that community.
- departing from an EU member state, or
- travelling to an EU member state on an airline based in an EU member state
if that person has:
- a confirmed reservation on the flight, and
- arrived in time for check-in as indicated on the ticket or communication from the airline, or, if no time is so indicated, no less than 45 minutes prior to the scheduled departure time of the flight
- have been transferred from the flight for which he/she held a reservation to some other flight
- the passenger is travelling on a free or discounted ticket not available to the general public, other than a ticket obtained from a frequent flyer program.
It does not apply to helicopter flights, to any flight not operated by a fixed-wing aircraft, nor to flights from Gibraltar Airport. While Switzerland is not a Member State of the EU, the regulation does apply to it under bilateral agreements.
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