Whenever flights get delayed or cancelled, it can be frustrating and inconvenient for passengers. However, the EU has a regulation 261/2004 that helps protect passengers in such situations. According to EU 261, 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 legislation that covers the rights of air passengers. Specifically, this regulation covers diverse cases, including delays, flight cancellations, rebooking, etc., and requires airlines to handle individual cases with fairness and care. If the incident happens because of the airline’s fault, any passenger who underwent certain inconveniences has a right to obtain compensation. Moreover, travelers may be eligible for certain benefits, which we will discuss further in the article.
Right to Compensation
The EU 261 encompasses regulations regarding the compensation process, including assistance for passengers affected by flight problems. Specifically, the amount of compensation you can be eligible for is up to 600 euros per passenger. This sum ranges, based on your circumstances.
Compensation for Nesma 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 informs you under fourteen days before your flight date and does not provide any alternative flight, the airline, according to the EU 261, 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 scheduled arrival time of the original flight, the passenger may also be entitled to 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 Nesma Airlines Flight Delay
When a flight is delayed for 3+ 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 relates to a specific aspect of European Union Regulation 261/2004, which establishes regulations on assistance and compensation for travelers in the event of flight cancellations, long delays, or denied boarding.
The “Right to Care” under EU 261/2004 requires airlines to provide certain services and assistance to passengers experiencing significant delays or cancellations. These include:
- Snacks 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
In situations where 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 be charged extra for this upgrade.
Regarding downgrading in class (in case you booked a Business class ticket, but were downgraded to Economy), you are entitled to obtain reimbursement. Here, it is worth mentioning 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.
Consider that these rights apply to 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 will not receive compensation for delayed or cancelled flights. Particularly, 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).
Furthermore, if the airline might have been able to do something to prevent issues regarding the flight and failed to handle the situation, you might be entitled to compensation.
Which Flights are Covered by EU 261/2004?
EU 261 covers all flights departing from airports in the EU. 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.
However, Nesma Airlines 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 Nesma 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 be aware of the process to claim compensation. To apply for compensation, follow these steps:
- Fill in 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 know the EU laws comprehensively and will do our best to secure your compensation. You only incur a fee if we win your case.