Brussels,

Air Passenger rights

MOBILITY & TRANSPORT

​EU air passenger rights apply:
​
  • If your flight is within the EU and is operated either by an EU or a non-EU airline
  • If your flight arrives in the EU from outside the EU and is operated by an EU airline
  • If your flight departs from the EU to a non-EU country operated by an EU or a non-EU airline
  • If you have not already received benefits (compensation, re-routing, assistance from the airline) for flight related problems for this journey under the relevant law of a non-EU country
  • Rights of persons with disabilities or reduced mobility

Travelling from the UK to an EU country

EU rules continue to apply if your flight from the UK to the EU was operated by an EU carrier, unless you have already received compensation or benefits under UK law. EU means the 27 EU countries, including Guadeloupe, French Guiana, Martinique, Réunion Island, Mayotte, Saint-Martin (French Antilles), the Azores, Madeira and the Canary Islands (but not the Faeroe Islands). EU rules also apply to flights to and from Iceland, Norway and Switzerland.

Cancelled flight

Cancellation occurs when:
​
  • your original flight schedule is abandoned and you are transferred to another scheduled flight
  • the aircraft took off but, was forced to return to the airport of departure and you were transferred to another flight
  • your flight arrives at an airport which is not the final destination indicated on your ticket, unless:
    • You accepted re-routing (under comparable transport conditions at the earliest opportunity) to the airport of your original final destination or to any other destination agreed by you. In this case it is considered as a delay and not a cancellation.
    • The airport of arrival and the airport of the original final destination serve the same town, city or region. In this case it is considered as a delay and not a cancellation.

If your flight is cancelled you have the right to choose between reimbursement, re-routing or return.
You are also entitled to assistance at the airport.

If you were informed of the cancellation less than 14 days prior to the scheduled departure date, you have a right to compensation.

The airline has the obligation to prove if and when you were personally informed that the flight was cancelled. If this is not the case you can contact your national authority for further assistance.

However, compensation is not due if the carrier can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The airline has to prove this by providing, for example, extracts from logbooks or incident reports. The air carrier should give this evidence to the relevant national enforcement body as well as to the passengers concerned in line with national provisions on access to documents.

Travelling from the UK to an EU country
EU rules on air passenger rights do not apply to cases of denied boarding, cancellations or delays to flights from the UK to the EU if your flight was operated by a UK carrier or another non-EU carrier. EU rules continue to apply if your flight from the UK to the EU was operated by an EU carrier, unless you have already received compensation or benefits under UK law.

EU Legislation

Delayed flight

If your flight is delayed at departure, you have the right to assistance, to reimbursement and a return flight, depending on the duration of the delay and the distance of the flight.
​
If you arrived at your final destination with a delay of more than 3 hours, you are entitled to compensation, unless the delay was due to extraordinary circumstances. The airline has to prove this by providing, for example, extracts from logbooks or incident reports. The air carrier should give this evidence to the relevant national enforcement body as well as to the passengers concerned in line with national provisions on access to documents.

Travelling from the UK to an EU country
EU rules on air passenger rights do not apply to cases of denied boarding, cancellations or delays to flights from the UK to the EU if your flight was operated by a UK carrier or another non-EU carrier. EU rules continue to apply if your flight from the UK to the EU was operated by an EU carrier, unless you have already received compensation or benefits under UK law.

EU Legislation

Denied Boarding

You may be denied boarding by the airline:
​
  • For safety, security or health reasons (for example if you did not inform the airline in advance of any severe infectious diseases or allergies) or if you don't have the correct travel documents (more information on documents you need for travel in Europe)
  • If you didn't take the outbound flight of a reservation which included a return flight
  • If you didn't take the other flight(s) included in a reservation with consecutive flights
  • If you don't have the relevant documentation for your pet when it is travelling with you

​If you have presented yourself on time for check-in with a valid flight reservation and travel documentation and you're denied boarding by the airline due to overbooking or for operational reasons, and you don't voluntarily give up your seat, you are entitled to:


​Travelling from the UK to an EU country
EU rules on air passenger rights do not apply to cases of denied boarding, cancellations or delays to flights from the UK to the EU if your flight was operated by a UK carrier or another non-EU carrier. EU rules continue to apply if your flight from the UK to the EU was operated by an EU carrier, unless you have already received compensation or benefits under UK law.

EU Legislation

Overbooking

If you have presented yourself on time for the check-in with a valid flight reservation and travel documentation and you're denied boarding due to overbooking or for operational reasons, and you don't voluntarily give up your seat, you are entitled to:
​
​Travelling from the UK to an EU country
EU rules on air passenger rights do not apply to cases of denied boarding, cancellations or delays to flights from the UK to the EU if your flight was operated by a UK carrier or another non-EU carrier. EU rules continue to apply if your flight from the UK to the EU was operated by an EU carrier, unless you have already received compensation or benefits under UK law.

Upgrading or Downgrading

If you are upgraded, the airline can't request any additional payment.
​
If you are downgraded, you are entitled to reimbursement of a percentage of the price of your ticket, depending on the flight distance as follows:

a) 30% - flights of 1 500 km or less
b) 50% - flights within the EU of more than 1 500 km (except flights between the EU and French overseas departments), and all other flights between 1 500 and 3 500 km
c) 75% - flights not falling under (a) or (b), including flights between the EU and French overseas departments.

If you have 2 or more connecting flights included in a single ticket, you can only be reimbursed for the flight which was downgraded and not for the entire journey. The reimbursement should be paid within 7 days.

​Travelling from the UK to an EU country
EU rules on air passenger rights do not apply to cases of denied boarding, cancellations or delays to flights from the UK to the EU if your flight was operated by a UK carrier or another non-EU carrier. EU rules continue to apply if your flight from the UK to the EU was operated by an EU carrier, unless you have already received compensation or benefits under UK law.

Missed connection

Connecting flights are journeys where you have to take more than one flight to get to your final destination.
If you miss a connecting flight, and arrive at your final destination with a delay of more than 3 hours, you are entitled to compensation. This compensation is calculated according to the length of the delay and the distance to your final destination.
You have a right to compensation if:
  • your flights were booked as part of a single reservation and
  • EU air passenger rights apply and
  • the delay to your arrival time was not caused by extraordinary circumstances

​​​Travelling from the UK to an EU country
EU rules on air passenger rights do not apply to cases of denied boarding, cancellations or delays to flights from the UK to the EU if your flight was operated by a UK carrier or another non-EU carrier. EU rules continue to apply if your flight from the UK to the EU was operated by an EU carrier, unless you have already received compensation or benefits under UK law.

Lost, damaged or delayed luggage

Checked-in Luggage
  • Liability: The airline is responsible for lost, damaged, or delayed checked-in luggage.
  • Compensation Limit: Up to approximately EUR 1,300.
  • Exceptions: No compensation if damage is due to an inherent defect in the baggage.

​Hand Luggage
  • Liability: The airline is liable if it is responsible for damaging the hand luggage.

Travel Insurance
  • Additional Coverage: Advisable for expensive items.
  • Higher Compensation Limit: Possible by paying a fee to the airline, which must be arranged in advance or at the latest during check-in.

Filing a Complaint
  • Procedure: Must be in writing to the airline.
  • Time Frame: Within 7 days for lost or damaged luggage, or within 21 days for delayed luggage.
  • Form: No standard EU-wide form for complaints.

EU Legislation

Rights of persons with disabilities or reduced mobility

EU legislation aims to prevent discrimination against such individuals by air carriers and to ensure they receive necessary assistance without additional charges.

Key Provisions
​
  1. Non-Discrimination in Reservations and Boarding:
    • Air carriers are prohibited from refusing reservations or boarding to passengers on the basis of reduced mobility or disability.
  2. Free-of-Charge Assistance:
    • The regulation mandates that assistance be provided free of charge to enable passengers with reduced mobility to travel comparably to other passengers.
  3. Exceptions and Special Conditions:
    • Carriers can refuse boarding or reservation under specific circumstances:
      • To comply with safety requirements prescribed by law.
      • If the aircraft's size or door dimensions make boarding or carriage physically impossible.
    • In such cases, immediate information and alternative arrangements are required.
  4. Airport Assistance:
    • The regulation ensures that necessary assistance is provided at airports (during departure, arrival, and transit) and onboard aircraft. This includes the transport of mobility equipment and guide dogs for the blind.
    • Funding for these services can be sourced from specific airport charges.
  5. Infringements and Penalties:
    • EU and EFTA countries must establish penalties for violations and set up independent bodies to handle complaints.
  6. Related Regulation (EC) No 261/2004:
    • This regulation covers compensation and assistance for passengers in cases of denied boarding, flight cancellations, or long delays.
  7. Guidelines:
    • In 2012, the European Commission released guidelines for practical application and clarification of this regulation.

​

EU Legislation

HOW TO ASSERT YOUR AIR TRAVEL RIGHTS

​Please be aware that the preliminary screening service of the European Commission offers general information to citizens about their rights under EU law during travel and guides on how to file a complaint. However, the Commission's services do not directly deal with complaints. Instead, complaints should be directed to the airline company and/or the relevant authority.
​European Commission’s preliminary screening service -> Enquiry form Air passengers
​To assert your air travel rights, you can take the following steps:
​
  1. Contact the Airline: Initially, you should file a complaint directly with the airline you traveled with. This is often the first step in resolving issues related to lost, damaged, or delayed luggage, as well as other travel-related concerns.
  2. National Enforcement Bodies: If the airline does not resolve your issue satisfactorily, you can escalate the matter to the national enforcement body (NEB) in the country where the incident occurred. Each EU country has an NEB responsible for enforcing air passenger rights. Check: Document 1 - Document 2 - Document 3
  3. European Consumer Centres Network (ECC-Net): For cross-border disputes within the EU, you can contact the ECC-Net. They provide free advice and support to consumers in resolving disputes with traders in other EU countries.
  4. Alternative Dispute Resolution (ADR) Bodies: If the airline is a member of an ADR scheme, you can submit your complaint to the relevant ADR body, which offers a way to resolve disputes without going to court. First of all, check online if your airline is applaying the ADR procedure by searching online "Airline name + ADR" and following the instructions.
  5. Online Dispute Resolution (ODR) Platform: For disputes related to online ticket purchases, the EU’s ODR platform can be used to submit your complaint and find a neutral third party to handle the dispute.
  6. Legal Action: As a last resort, you may consider legal action, either in the courts of the country where the airline is based or in the country where the incident occurred, depending on the circumstances and applicable laws.

Remember, it's important to keep all documentation related to your travel and any correspondence with the airline or other bodies, as this will be necessary for substantiating your claim.

EU case-law on Passenger Rights

Disclaimer

The information provided on this webpage regarding passenger rights is intended for general guidance and informational purposes only. While we strive to ensure that the information is accurate and up to date, it may not be comprehensive or reflect the most current legal developments. The details provided are based on the information available from the European Commission, and we make no representation or warranty of any kind, express or implied, regarding the accuracy, reliability, or completeness of this information.

Please be aware that transportation companies may have their own policies and interpretations of passenger rights which may not always align with the information presented here. As such, eEuropa Belgium cannot be held responsible for any discrepancies or differences in the application of passenger rights by individual transportation companies.

Additionally, eEuropa Belgium shall not be liable for any errors, omissions, or inaccuracies in the content, nor for any actions taken in reliance thereon. This website is not intended to provide legal advice, and visitors should consult with their own legal advisors before making any decisions based on the information provided here.

By using this website, you acknowledge and agree that eEuropa Belgium shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, or for lost revenues or profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on this website; (iii) any content obtained from the website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
​
Visitors are encouraged to verify the currentness and applicability of the information with the respective transportation companies and to seek professional advice as necessary.