Whenever flights get cancelled or delayed, it can be annoying and inconvenient for passengers. However, the EU has a regulation 261/2004 that helps protect passengers in such situations. According to 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 law that covers air passengers’ rights. Specifically, this law covers different situations, such as rebooking, delays, flight cancellations, etc., and requires airlines to handle individual cases with care and fairness. If the incident happens as a result of the airline’s fault, any passenger who underwent certain inconveniences has a right to receive compensation. In addition, travelers may be eligible for certain benefits, which we will discuss further in the article.
Right to Compensation
EU Regulation 261 encompasses rules concerning the compensation process, including aid for passengers experiencing issues with flights. In particular, the amount of compensation you can expect to receive is up to 600 euros per passenger. This sum varies, according to your circumstances.
Compensation for Air Transat Flight Cancellation
First and foremost, passengers need to know that the airline must inform them about the cancellation of their flight. If the airline informs you less than fourteen days before the date of your flight and does not offer any alternative flight, the airline, according to the EU 261 regulation, is obligated to compensate you compensation of 250 – 600 euros.
At the same time, if a passenger is provided with 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 depending on the duration 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 Transat Flight Delay
When a flight is delayed for 3+ hours, the airline is required to provide compensation. If the flight is delayed for five or more hours, the passenger is entitled to a ticket refund or another flight to the final destination.
Furthermore, in such situations, the airline is also required to provide a passenger with refreshments, meals, and accommodation. See essential details 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 establishes common rules on assistance and compensation for travelers in cases of denied boarding, flight cancellations, or long delays.
The “Right to Care” under EU 261/2004 requires airlines to provide certain assistance and services 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
- Two free phone calls, emails, or faxes
Upgrading and Downgrading
In situations where a passenger gets an alternative flight, it is helpful to know about upgrading and downgrading the flight’s class.
In cases, when the airline provides you with an upgraded class (for instance, you had Economy but were upgraded to Business class), you will not be charged additional fees for this service.
Regarding downgrading in class (if you had a Business class ticket, but were downgraded to Economy), you have a right to obtain reimbursement. Here, you should be aware 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.
Be aware that these rights cover all flights 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 aren’t eligible for compensation for delayed or cancelled flights. Particularly, we talk about extraordinary circumstances that are beyond 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).
Furthermore, if the airline might have been able to do 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 applies to all flights departing from airports in the EU. It also covers 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 Transat is not 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 Air Transat 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 understand the steps to claim compensation. To apply for compensation, follow these steps:
- Complete this form. You’ll need to provide details such as your flight number, date, and what went wrong.
- Let our experts help you. Once you submit the form, our team will handle the rest. We are well-versed in the EU laws thoroughly and will do our best to get you your compensation. You only incur a fee if we win your case.