Whenever flights get cancelled or delayed, it can be annoying and inconvenient for passengers. However, the EU has a regulation 261/2004 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 law that covers the rights of air passengers. Specifically, this legislation covers diverse cases, such as flight cancellations, delays, rebooking, etc., and obligates airlines to resolve individual cases with care and fairness. If the incident happens because of the airline’s fault, any traveler who experienced certain inconveniences is entitled to obtain compensation. In addition, travelers may be eligible for certain benefits, which we will discuss further in the article.
Right to Compensation
European Union Regulation 261 encompasses regulations concerning the process of compensation, including assistance to travelers experiencing air travel disruptions. In particular, the amount of compensation you can potentially get is up to 600 euros per passenger. This sum varies, according to your circumstances.
Compensation for Sunwing Flight Cancellation
First and foremost, passengers should be aware that the airline is required to notify them about the cancellation of their flight. If the airline notifies you under fourteen days before your scheduled departure 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 reaches 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 based on 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 Sunwing 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 another flight to the final destination.
Furthermore, this is the case when the airline also must provide a passenger with refreshments, meals, and accommodation. See key information 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 pertains to a specific aspect of EU Regulation 261/2004, which establishes common rules on assistance and compensation for travelers in cases of flight cancellations, long delays, or denied boarding.
The “Right to Care” under EU 261 obliges airlines to provide certain assistance and services to passengers experiencing significant delays or cancellations. These include:
- Snacks and beverages appropriate for the waiting time
- Hotel accommodation if an overnight stay becomes necessary
- Transport between the airport and the hotel
- Two free phone calls, emails, or faxes
Upgrading and Downgrading
When a passenger gets an alternative flight, it is helpful to know about upgrading and downgrading the flight’s class.
In situations, when the airline provides you with a higher class (for instance, you booked Economy but were upgraded to Business class), you won’t be charged extra for this upgrade.
Regarding downgrading in class (if you had a Business class flight, but were downgraded to Economy), you are entitled to get 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.
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 cases, when passengers will not receive compensation for cancelled or delayed flights. Particularly, we refer to 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 potentially could have done something to avoid 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 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.
Nevertheless, Sunwing isn’t 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 Sunwing Compensation
Flight delay or cancellation can be a frustrating experience that can not only upset you but also ruin all your travel plans. Those who are unlucky enough to face a flight delay or cancellation should know exactly how to claim compensation. To apply for compensation, follow these steps:
- Complete our form. You’ll need to provide details such as your flight number, date, and the problem you faced.
- Let our experts help you. Once you submit the form, our team will take over. We understand the EU laws comprehensively and will do our best to secure your compensation. You are only charged if we win your case.