Whenever flights are cancelled or delayed, it can be frustrating and inconvenient for passengers. However, the EU has a regulation 261 that helps protect passengers in such situations. According to EU 261/2004, if your flight is delayed or cancelled, the airline has to provide you with compensation and assistance.
Passenger Rights Under EU 261/2004
EU Regulation 261 is the legislation that deals with air passengers’ rights. Specifically, this legislation covers diverse cases, such as delays, flight cancellations, rebooking, etc., and obligates airlines to handle individual cases with fairness and care. If the situation occurs because of the airline’s fault, any passenger who underwent certain inconveniences is entitled to get compensation. Moreover, passengers may be entitled to certain benefits, which we will discuss further in the article.
Right to Compensation
The EU 261 contains rules concerning the compensation process, including aid to travelers affected by issues with flights. Specifically, the amount of compensation you can be eligible for is up to 600 euros per passenger. This sum ranges, according to your specific case.
Compensation for Himalaya Airlines Flight Cancellation
First and foremost, passengers need to know that the airline must inform them about the flight cancellation. If the airline informs you less than fourteen days before your flight date and does not provide any alternative flight, the airline, according to the EU 261, 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 might be entitled to compensation. The table below shows the airline’s obligations according to 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 Himalaya Airlines 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 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 beverages, some food, 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 pertains to a specific aspect of EU Regulation 261/2004, which sets out common rules on assistance and compensation for travelers in cases of long delays, denied boarding, or flight cancellations.
The “Right to Care” under EU261 obliges airlines to provide certain services and assistance to passengers affected by significant delays or cancellations. These include:
- Meals and beverages appropriate to the waiting time
- Hotel accommodation if an overnight stay becomes necessary
- Transport between the airport and the place of accommodation
- 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 a higher class (for instance, you booked Economy but were upgraded to Business class), you will not be charged extra for this service.
Regarding downgrading in class (in case you booked a Business class ticket, but were downgraded to Economy), you can receive reimbursement. In this case, it is worth mentioning that the amount of compensation is determined by 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 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 cases, when passengers aren’t eligible for compensation for delayed or cancelled flights. Specifically, we talk about extraordinary circumstances that are beyond 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 could hypothetically have done something to avoid issues regarding the flight and failed to handle the situation, you may be eligible for compensation.
Which Flights are Covered by EU 261/2004?
European Union Regulation 261 applies to all flights departing from European Union airports. It also applies 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, Himalaya Airlines isn’t 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 Himalaya Airlines 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 our 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 strive to secure your compensation. You are only charged if we win your case.