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 such situations. According to EU261, if your flight is cancelled or delayed, 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 air passengers’ rights. More precisely, this regulation covers different situations, such as rebooking, delays, flight cancellations, etc., and obligates airlines to resolve individual cases with fairness and care. If the incident happens due to the airline’s fault, any traveler who experienced certain inconveniences is entitled to obtain compensation. Moreover, travelers may be eligible for certain benefits, which we will discuss further in the article.
Right to Compensation
European Union Regulation 261 includes regulations regarding the compensation process, including aid to travelers experiencing issues with flights. Specifically, the amount of compensation you can expect to receive is up to 600 euros per passenger. This sum varies, based on your specific case.
Compensation for Hainan Airlines Flight Cancellation
First and foremost, passengers need to know that the airline is required to notify them about the cancellation of their flight. In case the airline notifies you under fourteen days before the date of your flight and does not provide 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 provided with an alternative flight but arrives at his destination later than the original flight was supposed to, the passenger may also 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 Hainan Airlines Flight Delay
When a flight is delayed for 3+ hours, the airline is required to pay compensation. If the flight is delayed for 5 hours or more, the passenger is entitled to 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 food, drinks, 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 standard rules on compensation and assistance for travelers in the event of flight cancellations, long delays, or denied boarding.
The “Right to Care” under EU 261/2004 requires airlines to provide certain assistance and services to passengers affected by significant delays or cancellations. These include:
- Food and beverages 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
When a passenger gets an alternative flight, it is helpful to be aware of 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 won’t have to pay additional fees for this upgrade.
Regarding downgrading in class (if you had a Business class ticket, but were downgraded to Economy), you have a right to 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.
Keep in mind that these rights apply to every flight 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 aren’t eligible for compensation for delayed or cancelled flights. Specifically, we talk about extraordinary circumstances that are outside of 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 potentially could have done something to prevent problems with the flight and failed to handle the situation, you might be entitled to compensation.
Which Flights are Covered by EU 261/2004?
EU Regulation 261 covers all flights departing from airports in the EU. 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, Hainan Airlines isn’t a European airline. Consequently, they are not obliged 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 Hainan Airlines Compensation
Flight delay or cancellation is an unpleasant situation that can not only upset you but also ruin all your travel plans. Passengers who unfortunately encounter a flight cancellation or delay should know exactly how to claim compensation. To apply for compensation, follow these steps:
- Complete this form. You’ll need to provide details including your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will manage the process. We are well-versed in the EU laws thoroughly and will do our best to get you your compensation. You are only charged if we win your case.