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 these situations. According to EU 261/2004, if your flight is disrupted, 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. In particular, this law covers diverse cases, including 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 traveler who experienced certain inconveniences is entitled to receive compensation. Moreover, passengers may be entitled to certain benefits, which we will discuss further in the article.
Right to Compensation
EU Regulation 261 includes regulations regarding the process of compensation, including assistance for passengers affected by issues with flights. In particular, the amount of compensation you can expect to receive is up to 600 euros per passenger. This sum varies, depending on your specific case.
Compensation for Malaysia Airlines Flight Cancellation
First and foremost, passengers need to know that the airline is required to notify them about the cancellation of their flight. 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, must pay 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 could be entitled to compensation. The table below shows the airline’s obligations according to the duration 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 Malaysia Airlines Flight Delay
When a flight is delayed for three or more hours, the airline is obligated to pay 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 must also provide a passenger with food, drinks, 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 relates to a specific aspect of EU Regulation 261/2004, which sets out regulations on assistance and compensation for travelers in the event of flight cancellations, long delays, or denied boarding.
The “Right to Care” under EU 261 requires airlines to provide certain services and assistance to passengers facing 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
- Emails or faxes and two free phone calls
Upgrading and Downgrading
When a passenger gets an alternative flight, it is good to know about upgrading and downgrading the flight’s class.
In cases, when the airline provides you with an upgraded class (for example, 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 obtain reimbursement. Here, you should be aware 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.
Keep in mind that these rights apply to all flights within the European Union, as well as flights departing from or arriving in the European Union operated by airlines based in the EU.
When Are You Not Entitled to Compensation?
Unfortunately, there are cases, when passengers will not receive compensation for cancelled or delayed flights. Specifically, we talk about extraordinary circumstances that are outside of 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).
Furthermore, if the airline potentially could have done something to prevent problems with the flight and failed to handle the situation, you may be eligible for compensation.
Which Flights are Covered by EU 261/2004?
EU 261 covers all flights departing from EU airports. It also covers 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, Malaysia Airlines is not a European airline. Consequently, 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 Malaysia Airlines 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 delay or cancellation should know exactly how to claim 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 what went wrong.
- Let our experts help you. Once you submit the form, our team will handle the rest. We are well-versed in the EU laws thoroughly and will strive to obtain your rightful compensation. You only pay us if we win your case.