Whenever flights are delayed or cancelled, it can be annoying and inconvenient for passengers. However, the EU has a regulation 261 that helps protect passengers in these situations. Under EU 261, 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 law that deals with the rights of air passengers. More precisely, this legislation covers different situations, such as rebooking, delays, flight cancellations, etc., and obligates 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 obtain compensation. In addition, passengers may be entitled to certain benefits, which we will discuss further in the article.
Right to Compensation
European Union Regulation 261 includes regulations regarding the process of compensation, including assistance to travelers affected by air travel disruptions. Specifically, the amount of compensation you can expect to receive is up to 600 euros per person. This sum varies, depending on your specific case.
Compensation for Sichuan Airlines Flight Cancellation
First and foremost, travelers 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 the date of your flight and does not offer any alternative flight, the airline, according to the EU 261/2004, must pay you compensation of 250 – 600 euros.
At the same time, if a passenger is provided with an alternative flight but reaches his destination later than the original flight was supposed to, the passenger could be eligible for 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 Sichuan Airlines 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, in such situations, the airline is also required to 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 relates to a specific aspect of European Union Regulation 261/2004, which sets out regulations on compensation and assistance for travelers in cases of denied boarding, flight cancellations, or long delays.
The “Right to Care” under EU 261/2004 obliges airlines to provide certain services and assistance to passengers experiencing significant delays or cancellations. These include:
- Meals and beverages appropriate for the waiting time
- Hotel accommodation if an overnight stay becomes necessary
- Transport between the airport and the hotel
- Emails or faxes and two free phone calls
Upgrading and Downgrading
When a passenger receives an alternative flight, it is good to know about upgrading and downgrading the flight’s class.
In situations, when the airline provides you with an upgraded class (for example, 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 are entitled to obtain reimbursement. Here, it’s important to note 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.
Keep in mind that these rights cover all flights 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 refer to extraordinary circumstances that are beyond 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).
Moreover, if the airline could hypothetically have done something to avoid 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 Regulation 261 covers all flights departing from European Union airports. 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, Sichuan Airlines is not a European airline. Consequently, they don’t have 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 Sichuan 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 be aware of the process to seek compensation. To apply for compensation, follow these steps:
- Complete this 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 comprehensively and will strive to obtain your rightful compensation. You are only charged if we win your case.