Whenever flights are delayed or cancelled, it can be frustrating and inconvenient for passengers. However, the European Union has a regulation 261 that helps protect passengers in such situations. According to EU 261, if your flight is delayed or cancelled, the airline has to provide you with compensation and assistance.
Passenger Rights Under EU 261/2004
The EU 261 is the regulation that deals with the rights of air passengers. Specifically, this legislation covers diverse cases, including delays, flight cancellations, rebooking, etc., and obligates airlines to resolve individual cases with fairness and care. 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
European Union Regulation 261 contains regulations concerning the compensation process, including aid for passengers affected by flight problems. In particular, the amount of compensation you can expect to receive is up to 600 euros per passenger. This sum varies, depending on your circumstances.
Compensation for Avianca Ecuador Flight Cancellation
First and foremost, travelers should be aware that the airline is required to notify 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 regulation, 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 scheduled arrival time of the original flight, the passenger could 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 Avianca Ecuador 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 five or more hours, the passenger can expect a ticket refund or an alternative flight to the final destination.
Furthermore, this is the case when the airline also must provide a passenger with beverages, some food, 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 pertains to a specific aspect of EU Regulation 261/2004, which establishes regulations on compensation and assistance for travelers in cases of flight cancellations, long delays, or denied boarding.
The “Right to Care” under EU261/2004 requires airlines to provide certain assistance and services to passengers facing significant delays or cancellations. These include:
- Snacks and drinks 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 gets an alternative flight, it is important to know about upgrading and downgrading the flight’s class.
In cases, when the airline provides you with a higher class (for example, you had Economy but were upgraded to Business class), you will not have to pay extra for this upgrade.
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 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.
Consider 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 will not receive compensation for delayed or cancelled flights. Particularly, we refer to extraordinary circumstances that are not within 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 might have been able to do something to avoid issues regarding the flight and failed to handle the situation, you can claim compensation.
Which Flights are Covered by EU 261/2004?
EU Regulation 261 covers all flights departing from EU airports. 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.
Nevertheless, Avianca Ecuador 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.
Itinerary | Covered by EU 261 |
Flights departing from the EU airports | ✔️ Yes |
Flights arriving at the EU airports | ❌ No |
How to Claim Avianca Ecuador Compensation
Flight cancellation or delay can be a frustrating experience that can not only upset you but also ruin all your travel plans. Passengers who unfortunately encounter a flight cancellation or delay 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 such as your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws well and will make every effort to secure your compensation. You only incur a fee 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.
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