Whenever flights are delayed or cancelled, it can be annoying and inconvenient for passengers. However, the European Union has a regulation 261 that helps protect passengers in these situations. Under EU261/2004, if your flight is disrupted, the airline has to provide you with compensation and assistance.
Passenger Rights Under EU 261/2004
European Union Regulation 261 is the legislation that deals with air passengers’ rights. Specifically, this law covers different situations, including delays, flight cancellations, rebooking, etc., and obligates airlines to handle individual cases with fairness and care. If the situation occurs because of the airline’s fault, any traveler who experienced certain inconveniences is entitled to obtain compensation. Moreover, travelers may be eligible for certain benefits, which we will discuss further in the article.
Right to Compensation
European Union Regulation 261 encompasses regulations regarding the process of compensation, including assistance to people affected by issues with flights. Specifically, the amount of compensation you can expect to receive is up to 600 euros per person. This sum ranges, according to your circumstances.
Compensation for Afriqiyah Airways Flight Cancellation
First and foremost, passengers need to know that the airline must inform them about the cancellation of their flight. In case the airline informs you less than fourteen days before your flight date and does not offer any alternative flight, the airline, according to the EU 261/2004, must pay you compensation of 250 – 600 euros.
At the same time, if a passenger is offered an alternative flight but arrives at his destination later than the original flight was supposed to, the passenger might be eligible for compensation. The table below shows the airline’s obligations depending on the length of the delay:
| Under 2 hours | 2-3 hours | 3-4 hours | Over 4 hours | Never arrived | Distance |
| €125 | €250 | €250 | €250 | €250 | All flights 1,500 km or less |
| €200 | €200 | €400 | €400 | €400 | Internal EU flights over 1,500 km |
| €200 | €200 | €400 | €400 | €400 | Non-internal EU flights 1,500 km- 3,500 km |
| €300 | €300 | €300 | €600 | €600 | Non-internal EU flights over 3,500 km |
Compensation for Afriqiyah Airways Flight Delay
When a flight is delayed for 3+ hours, the airline is obligated to provide compensation. If the flight is delayed for 5 hours or more, the passenger can expect a ticket refund or another flight to the final destination.
Furthermore, in such situations, the airline must also provide a passenger with refreshments, meals, and accommodation. See key information on compensation in the table below:
| Less than 3 hours | Between 3-4 hours | Over 4 hours | Distance |
| €0 | €250 | €250 | All flights up to 1500 km |
| €0 | €400 | €400 | All flights between 1500 km and 3500 km |
| €0 | €400 | €400 | All intra-EU flights over 3500 km |
| €0 | €300 | €600 | All non-EU flights over 3500 km |
Right to Care
Right to Care relates to a specific aspect of European Union Regulation 261/2004, which establishes standard rules on assistance and compensation to passengers in cases of long delays, denied boarding, or flight cancellations.
The “Right to Care” under EU261/2004 obliges airlines to provide certain services and assistance to passengers facing significant delays or cancellations. These include:
- Food and beverages appropriate to the waiting time
- Hotel accommodation if an overnight stay becomes necessary
- Transport between the airport and the place of accommodation
- Emails or faxes and two free phone calls
Upgrading and Downgrading
In situations where a passenger receives an alternative flight, it is helpful to know about upgrading and downgrading the flight’s class.
In situations, when the airline provides you with an upgraded class (for example, you had Economy but were upgraded to Business class), you won’t be charged additional fees for this upgrade.
Regarding downgrading in class (if you had a Business class flight, but were downgraded to Economy), you are entitled to get reimbursement. Here, it’s important to note that the amount of compensation is entirely based on the distance of a flight:
- 30% of the flight tickets cost for a 1,500 km distance or less;
- 50% of the flight tickets cost (specifically, for intra-EU flights that are over 1,500 km and all other flights with a 1,500 km and 3,500 km distance;
- 75% of the ticket price for flights with a 3,500+ km distance.
Consider that these rights cover every flight within the European Union, as well as flights departing from or arriving in the European Union by airlines based in the EU.
When Are You Not Entitled to Compensation?
Unfortunately, there are cases, when passengers will not receive compensation for cancelled or delayed flights. Specifically, we talk about extraordinary circumstances that are outside of the airline’s control. A few examples are as follows:
- Bad weather conditions and natural disasters;
- Political circumstances (related security risks, terrorist attacks);
- A collision of the aircraft and foreign objects (birds, for instance);
- Unruly or very ill passengers;
- Strikes (that are not caused by the airline’s crew).
Furthermore, if the airline could hypothetically have done something to avoid issues regarding the flight and failed to handle the situation, you might be entitled to compensation.
Which Flights are Covered by EU 261/2004?
EU 261 covers all flights departing from EU airports. It also applies to flights arriving in the EU if the airline is based in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.
Nevertheless, Afriqiyah Airways isn’t a European airline. Therefore, they don’t have to pay compensation if their flights operate outside of the European Union. This is true even for their flights to the European Union if they start outside the EU.
| Itinerary | Covered by EU 261 |
| Flights departing from the EU airports | ✔️ Yes |
| Flights arriving at the EU airports | ❌ No |
How to Claim Afriqiyah Airways Compensation
Flight cancellation or delay is an unpleasant situation that can not only upset you but also ruin all your travel plans. Passengers who unfortunately encounter a flight delay or cancellation should be aware of the process to seek compensation. To apply for compensation, follow these steps:
- Fill in this form. You’ll need to provide details such as your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will take over. We are well-versed in the EU laws comprehensively and will make every effort to obtain your rightful compensation. You only pay us if we win your case.
Recent Flight Delays and Cancellations
Was your flight delayed or cancelled without a valid reason? Check our table for the latest flight delays and cancellations. Assess your right to compensation using our claim checker, and let us protect your rights and pursue compensation for you.
Did not find your flight in our table? Try our compensation form, and we will check it for you.
| Date | Airline (Flight number) | Route | Status | Your compensation |
|---|---|---|---|---|
19.05.202518:55 | Afriqiyah Airways 454 | Tripoli (MJI) Tunis (TUN) | delayed | Claim Refund |
17.05.202509:45 | Afriqiyah Airways 491 | Tunis (TUN) Misurata (MRA) | delayed | Claim Refund |
05.05.202519:00 | Afriqiyah Airways 490 | Misurata (MRA) Tunis (TUN) | delayed | Claim Refund |
05.05.202512:40 | Afriqiyah Airways 451 | Tunis (TUN) Tripoli (MJI) | delayed | Claim Refund |
05.05.202511:30 | Afriqiyah Airways 450 | Tripoli (MJI) Tunis (TUN) | delayed | Claim Refund |
30.04.202518:55 | Afriqiyah Airways 454 | Tripoli (MJI) Tunis (TUN) | delayed | Claim Refund |
30.04.202518:10 | Afriqiyah Airways 490 | Misurata (MRA) Tunis (TUN) | delayed | Claim Refund |
