Whenever flights are cancelled or delayed, it can be annoying and inconvenient for passengers. However, the EU has a regulation 261/2004 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 law that covers the rights of air passengers. In particular, this legislation covers diverse cases, including flight cancellations, delays, rebooking, etc., and requires airlines to handle individual cases with fairness and care. If the incident happens as a result of the airline’s fault, any traveler who experienced certain inconveniences has a right to receive compensation. In addition, passengers may be entitled to certain benefits, which we will discuss further in the article. Right to Compensation EU Regulation 261 contains regulations concerning the compensation process, including assistance to people experiencing flight problems. In particular, the amount of compensation you can be eligible for is up to 600 euros per passenger. This sum ranges, based on your circumstances. Compensation for Avianca Flight Cancellation First and foremost, passengers need to know that the airline is required to notify them about the flight cancellation. In case the airline informs 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 regulation, is obligated to compensate you compensation of 250 – 600 euros. At the same time, if a passenger is offered an alternative flight but reaches 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 hours2-3 hours3-4 hoursOver 4 hoursNever arrivedDistance€125€250€250€250€250All flights 1,500 km or less€200€200€400€400€400Internal EU flights over 1,500 km€200€200€400€400€400Non-internal EU flights 1,500 km- 3,500 km€300€300€300€600€600Non-internal EU flights over 3,500 km Compensation for Avianca Flight Delay When a flight is delayed for three or more hours, the airline is required 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 must also provide a passenger with beverages, some food, and accommodation. See key information on compensation in the table below: Less than 3 hoursBetween 3-4 hoursOver 4 hoursDistance€0€250€250All flights up to 1500 km€0€400€400All flights between 1500 km and 3500 km€0€400€400All intra-EU flights over 3500 km€0€300€600All 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 regulations on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays. The “Right to Care” under EU261 requires airlines to provide certain services and assistance to passengers experiencing significant delays or cancellations. These include: Food 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 receives 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 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. 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 apply to 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 situations, when passengers will not receive compensation for cancelled or delayed flights. Specifically, 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). Moreover, if the airline might have been able to do something to avoid problems with the flight and failed to handle the situation, you might be entitled to compensation. Which Flights are Covered by EU 261/2004? European Union Regulation 261 applies to all flights departing from airports in the EU. This regulation also extends 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. However, Avianca isn’t a European airline. Therefore, they are not obliged to pay compensation if their flights operate outside of the European Union. This applies even to their flights to the European Union if they start outside the EU. ItineraryCovered by EU 261Flights departing from the EU airports✔️ YesFlights arriving at the EU airports❌ No How to Claim Avianca Compensation Flight cancellation or delay can be a frustrating experience that can not only upset you but also ruin all your travel plans. Those who are unlucky enough to face 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 what went wrong. Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws comprehensively and will make every effort to get you your compensation. You are only charged if we win your case.