Whenever flights are delayed or cancelled, it can be annoying and inconvenient for passengers. However, the European Union has a regulation 261/2004 that helps protect passengers in such situations. According to EU 261, if your flight is cancelled or delayed, the airline has to provide you with compensation and assistance.
Passenger Rights Under EU 261/2004
EU Regulation 261 is the regulation that deals with air passengers’ rights. In particular, this legislation covers different situations, including flight cancellations, delays, rebooking, etc., and requires airlines to handle individual cases with care and fairness. If the incident happens due to the airline’s fault, any traveler who experienced certain inconveniences has a right to receive compensation. Moreover, travelers may be eligible for certain benefits, which we will discuss further in the article.
Right to Compensation
EU Regulation 261 includes rules regarding the compensation process, including aid for passengers who suffered from air travel disruptions. Specifically, the amount of compensation you can be eligible for is up to 600 euros per passenger. This sum ranges, depending on your circumstances.
Compensation for Air India Express Flight Cancellation
First and foremost, travelers should be aware that the airline is required to notify them about the flight cancellation. If the airline notifies you less than fourteen days before your flight date and does not provide 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 could be entitled to 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 Air India Express 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 can expect a ticket refund or an alternative flight to the final destination.
Furthermore, in such situations, the airline is also required to provide a passenger with food, drinks, and accommodation. See essential details 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 refers to a specific aspect of European Union Regulation 261/2004, which sets out regulations on assistance and compensation for travelers in the event of flight cancellations, long delays, or denied boarding.
The “Right to Care” under EU261 obliges airlines to provide certain services and assistance to passengers facing significant delays or cancellations. These include:
- Meals and drinks appropriate for 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
In situations where a passenger gets an alternative flight, it is good to understand upgrading and downgrading the flight’s class.
In situations, when the airline provides you with a higher class (for example, you booked Economy but were upgraded to Business class), you will not have to pay extra for this service.
Regarding downgrading in class (in case you booked a Business class flight, but were downgraded to Economy), you can receive reimbursement. In this case, it is worth mentioning 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 apply to any flights inside 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 cases, when passengers will not receive compensation for delayed or cancelled flights. Specifically, we talk about extraordinary circumstances that are not within the airline’s control. Some of the 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).
In addition, if the airline could hypothetically have done something to prevent 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 applies to all flights departing from European Union airports. This regulation also extends 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.
However, Air India Express is not a European airline. Consequently, 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 Air India Express 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 seek compensation. To apply for compensation, follow these steps:
- Fill in our form. You’ll need to provide details including your flight number, date, and what went wrong.
- Let our experts help you. Once you submit the form, our team will take over. We are well-versed in the EU laws well and will make every effort to secure your compensation. You are only charged if we win your case.