What is the EU regulation for denied boarding compensation?

Through European Union regulation EC 261, commonly referred to as EU 261, all EU flights can qualify for compensation, refund or rerouting by the airline in the event of delay, cancellation or denied boarding.



The primary legal framework for passenger rights in Europe is Regulation (EC) No 261/2004. This regulation dictates that if you are "denied boarding" against your will—most commonly due to an overbooked flight—the airline is legally obligated to provide you with three things: Choice, Care, and Compensation. First, they must offer you a choice between a full refund of your ticket or an alternative flight to your destination at the earliest opportunity. Second, they must provide "duty of care," which includes free meals, refreshments, and hotel accommodation (plus transport) if an overnight stay is required. Finally, they must pay you fixed financial compensation, which ranges from €250 to €600 depending on the distance of the flight. This compensation is mandatory unless the airline can prove you were denied boarding for "reasonable grounds" such as health, safety, or inadequate travel documents. It is important to note that these rights apply to all flights departing from an EU/UK airport, or flights arriving in the EU/UK if operated by an EU/UK-based airline.

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Passengers who are denied boarding involuntarily due to oversales are entitled to compensation that is based on the price of their ticket, the length of time that they are delayed in getting to their destination because of being denied boarding, and whether their flight is a domestic flight or an international flight ...

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Article 14Obligation to inform passengers of their rights 2.An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation.

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Article 9 — Right to care - where a stay additional to that intended by the passenger becomes necessary; transport between the airport and place of accommodation (hotel or other).

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For Domestic Flights, the law requires the airline to pay you Denied Boarding Compensation of: 200% of the value of the one-way fare to your destination (up to a maximum of $775.00) if the delay is more than 1 hour but less than 2 hours; or.

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Passengers are entitled to cash compensation in the event of an involuntary denied boarding. In the United States, this compensation can range from 200-400% of your one-way cash fare, up to a certain limit.

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If the requirements for a compensation are met, Article 7 of Regulation (EC) No 261/2004 obligates the operating carrier to offer each passenger a lump-sum payment of: €250, in the case of a type 1 flight; €400, in the case of a type 2 flight; €600, in the case of a type 3 flight.

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You'll have to fill in the specific EU261 compensation form to make your claim. You can do this via the Delta website, or use AirAdvisor instead. If you choose us, you'll benefit from a team of friendly travel experts who can help you every step of the way.

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Article 8Right to reimbursement or re-routing (c)re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

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Article 5Cancellation When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

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Lost, Damaged, or Delayed Luggage If your baggage is lost, delayed, or damaged on flights that are covered under EU261, there are protections in place. If your baggage is delayed or lost, you can claim damages up to ?1,300 ($1,728 CAD).

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