Whenever flights are delayed or cancelled, it can be frustrating and inconvenient for passengers. However, the EU has a regulation 261 that helps protect passengers in these situations. Under EU 261, 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. More precisely, this law covers diverse cases, including rebooking, delays, flight cancellations, etc., and obligates airlines to resolve individual cases with care and fairness. If the situation occurs due to the airline’s fault, any traveler who experienced certain inconveniences is entitled to get compensation. Moreover, passengers can receive certain benefits, which we will discuss further in the article.
Right to Compensation
European Union Regulation 261 includes regulations regarding the compensation process, including assistance to people experiencing flight problems. Specifically, the amount of compensation you can be eligible for is up to 600 euros per passenger. This sum ranges, according to your circumstances.
Compensation for Air China Flight Cancellation
First and foremost, travelers should be aware that the airline must inform them about the cancellation of their flight. If the airline notifies you less than fourteen days before the date of your flight and does not provide any alternative flight, the airline, according to the EU 261, is obligated to compensate 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 scheduled arrival time of the original flight, the passenger might be eligible for compensation. The table below shows the airline’s obligations based 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 Air China Flight Delay
When a flight is delayed for three or more hours, the airline is obligated to provide compensation. If the flight is delayed for 5 hours or more, the passenger may receive a ticket refund or another flight to the final destination.
Furthermore, this is the case when the airline is also required to provide a passenger with refreshments, meals, and accommodation. See key information about 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 refers to a specific aspect of European Union Regulation 261/2004, which sets out regulations on assistance and compensation to passengers in cases of denied boarding, flight cancellations, or long delays.
The “Right to Care” under EU 261/2004 requires airlines to provide certain services and assistance to passengers experiencing significant delays or cancellations. These include:
- Snacks and beverages appropriate to the waiting time
- Hotel accommodation if an overnight stay becomes necessary
- Transport between the airport and the hotel
- Emails or faxes and two free phone calls
Upgrading and Downgrading
When a passenger receives an alternative flight, it is important to be aware of upgrading and downgrading the flight’s class.
In situations, when the airline provides you with an upgraded class (for example, you booked Economy but were upgraded to Business class), you will not have to pay additional fees for this service.
Regarding downgrading in class (in case you booked a Business class flight, but were downgraded to Economy), you can obtain reimbursement. In this case, you should be aware that the amount of compensation fully depends 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.
Keep in mind that these rights cover all flights within the European Union, as well as flights departing from or arriving in the European Union operated by airlines based in the EU.
When Are You Not Entitled to Compensation?
Unfortunately, there are situations, when passengers aren’t eligible for compensation for cancelled or delayed flights. Specifically, we refer to 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).
Moreover, if the airline could hypothetically have done something to avoid problems with the flight and failed to handle the situation, you may be eligible for compensation.
Which Flights are Covered by EU 261/2004?
EU Regulation 261 applies to all flights departing from EU airports. It also applies to flights arriving in the EU if the airline originates in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.
Nevertheless, Air China is not a European airline. Therefore, they aren’t required 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 Air China Compensation
Flight delay or cancellation can be a frustrating experience 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 claim compensation. To apply for compensation, follow these steps:
- Complete our form. You’ll need to provide details like your flight number, date, and what went wrong.
- Let our experts help you. Once you submit the form, our team will take over. We understand the EU laws thoroughly and will do our best to obtain your rightful compensation. You only pay us if we win your case.