Whenever flights get cancelled or delayed, it can be frustrating and inconvenient for passengers. However, the European Union has a regulation 261 that helps protect passengers in these situations. Under EU261, 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 covers the rights of air passengers. Specifically, this law covers different situations, such as flight cancellations, delays, rebooking, etc., and requires airlines to handle individual cases with care and fairness. If the situation occurs as a result of the airline’s fault, any traveler who experienced certain inconveniences is entitled to get compensation. Furthermore, passengers can receive certain benefits, which we will discuss further in the article.
Right to Compensation
EU Regulation 261 includes rules concerning the process of compensation, including aid to people affected by issues with flights. In particular, 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 Virgin Australia Airlines Flight Cancellation
First and foremost, travelers need to know that the airline is required to notify them about the flight cancellation. In case the airline notifies you under fourteen days before your scheduled departure and does not offer any alternative flight, the airline, according to the EU 261 regulation, 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 original flight was supposed to, the passenger might be entitled to 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 Virgin Australia Airlines Flight Delay
When a flight is delayed for three or more hours, the airline is required to pay compensation. If the flight is delayed for 5 hours or more, the passenger is entitled to a ticket refund or another flight to the final destination.
Furthermore, in such situations, the airline must also provide a passenger with refreshments, meals, 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 common rules on compensation and assistance for travelers in the event of denied boarding, flight cancellations, or long delays.
The “Right to Care” under EU261/2004 requires airlines to provide certain services and assistance to passengers affected by significant delays or cancellations. These include:
- Snacks and drinks appropriate to 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
In situations where a passenger gets an alternative flight, it is helpful 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 booked Economy but were upgraded to Business class), you will not have to pay 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 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 cases, when passengers won’t get compensation for cancelled or delayed flights. Specifically, we talk about 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).
In addition, if the airline could hypothetically have done 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?
European Union Regulation 261 applies to all flights departing from EU airports. 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.
However, Virgin Australia Airlines is not a European airline. Consequently, they are not obliged to pay compensation if their flights operate outside of the European Union. This is true even for 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 Virgin Australia Airlines Compensation
Flight cancellation or delay is an unpleasant situation that can not only upset you but also ruin all your travel plans. Those who are unlucky enough to face a flight cancellation or delay should know exactly how to claim compensation. To apply for compensation, follow these steps:
- Fill in this form. You’ll need to provide details including your flight number, date, and the problem you faced.
- 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 secure your compensation. You only incur a fee if we win your case.