Whenever flights get delayed or cancelled, it can be frustrating and inconvenient for passengers. However, the EU has a regulation 261 that helps protect passengers in these situations. According to EU261/2004, if your flight is cancelled or delayed, 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 law covers different situations, including flight cancellations, delays, rebooking, etc., and requires airlines to handle individual cases with fairness and care. If the incident happens due to the airline’s fault, any traveler who experienced certain inconveniences has a right to get compensation. In addition, passengers may be entitled to certain benefits, which we will discuss further in the article.
Right to Compensation
The EU 261 encompasses rules concerning the compensation process, including assistance for passengers experiencing flight problems. Specifically, the amount of compensation you can expect to receive is up to 600 euros per passenger. This sum varies, according to your specific case.
Compensation for Kuwait Airways Flight Cancellation
First and foremost, travelers need to know that the airline is required to notify them about the flight cancellation. If the airline informs you under fourteen days before the date of your flight and does not provide any alternative flight, the airline, according to the EU 261/2004, 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 original flight was supposed to, the passenger may also be eligible for compensation. The table below shows the airline’s obligations depending 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 Kuwait Airways 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 may receive a ticket refund or another 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 refers to a specific aspect of European Union Regulation 261/2004, which establishes standard rules on assistance and compensation for travelers in the event of denied boarding, flight cancellations, or long delays.
The “Right to Care” under EU261/2004 obliges airlines to provide certain services and assistance to passengers experiencing significant delays or cancellations. These include:
- Snacks and drinks appropriate for 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 receives an alternative flight, it is good to be aware of upgrading and downgrading the flight’s class.
In situations, when the airline provides you with a higher class (for instance, you had Economy but were upgraded to Business class), you will not be charged extra for this upgrade.
Regarding downgrading in class (in case you booked a Business class flight, but were downgraded to Economy), you are entitled to get 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.
Be aware that these rights cover any flights inside 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 won’t get compensation for delayed or cancelled flights. Particularly, we talk about 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 could hypothetically have done 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 261 applies to all flights departing from airports in the EU. It also applies 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.
Nevertheless, Kuwait Airways isn’t a European airline. Consequently, they aren’t required 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 Kuwait Airways Compensation
Flight cancellation or delay is an unpleasant situation that can not only upset you but also ruin all your travel plans. Passengers who unfortunately encounter a flight delay or cancellation should be aware of the process to seek compensation. To apply for compensation, follow these steps:
- Complete our form. You’ll need to provide details like your flight number, date, and what went wrong.
- 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 secure your compensation. You only pay us if we win your case.