Whenever flights get cancelled or delayed, it can be frustrating and inconvenient for passengers. However, the European Union has a regulation 261/2004 that helps protect passengers in these situations. Under EU261, if your flight is delayed or cancelled, the airline has to provide you with compensation and assistance.
Passenger Rights Under EU 261/2004
EU Regulation 261 is the legislation that covers air passengers’ rights. Specifically, this regulation covers different situations, such as rebooking, delays, flight cancellations, etc., and requires airlines to resolve individual cases with fairness and care. If the incident happens as a result of the airline’s fault, any traveler who experienced certain inconveniences has a right to receive compensation. Furthermore, 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 compensation process, including aid for passengers who suffered from flight problems. In particular, the amount of compensation you can potentially get is up to 600 euros per person. This sum ranges, depending on your circumstances.
Compensation for Viva Aerobus Flight Cancellation
First and foremost, travelers should be aware that the airline must inform them about the cancellation of their flight. In case the airline notifies you under fourteen days before your flight date 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 offered 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 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 Viva Aerobus 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 can expect a ticket refund or another flight to the final destination.
Furthermore, in such situations, the airline also must 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 EU Regulation 261/2004, which sets out common rules on compensation and assistance for travelers in the event of long delays, denied boarding, or flight cancellations.
The “Right to Care” under EU261 requires airlines to provide certain assistance and services to passengers experiencing significant delays or cancellations. These include:
- Snacks and drinks 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 important to know about 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 will not be charged extra for this upgrade.
Regarding downgrading in class (in case you booked a Business class ticket, but were downgraded to Economy), you can get reimbursement. Here, you should be aware 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 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 situations, when passengers will not receive compensation for delayed or cancelled flights. Particularly, we refer to extraordinary circumstances that are not within 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).
Furthermore, if the airline might have been able to do something to avoid issues regarding the flight and failed to handle the situation, you may be eligible for compensation.
Which Flights are Covered by EU 261/2004?
European Union Regulation 261 applies to all flights departing from European Union 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, Viva Aerobus isn’t 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 Viva Aerobus 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 delay or cancellation should know exactly how to claim compensation. To apply for compensation, follow these steps:
- Fill in 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 handle the rest. We know the EU laws thoroughly and will do our best to obtain your rightful compensation. You only incur a fee if we win your case.