Everything to know about European Union rules and regulations that empower travelers while exploring via train.
Flight delays, late trains, and lost baggage can derail plans, create headaches, and result in significant unanticipated expenses. When this happens, travelers often feel overwhelmed and unsure of their rights. In many parts of the world, travelers are dismayed to find that they are at the mercy of the airline and left to fend for themselves.
However, it’s a different story in the European Union (E.U.). Two decades ago, the E.U. adopted regulations recognizing the “serious trouble and inconvenience to passengers” when flights are canceled or delayed. Accordingly, E.U. nations set out to ensure “a high level of protection” for waylaid travelers. Since then, the E.U. has adopted other regulations providing similar protections for passengers traveling by train.
The Basics
The E.U. has several regulations and laws in place to protect travelers. However, there are a few that are used most often. EC 261/2004 mandates that airlines compensate passengers for flight delays and cancelations. Regulation EU 2021/782 provides protection when rail passengers are delayed. Although this is not specific to the E.U., all E.U. states have signed onto the Montreal Convention, which provides additional rights for travelers, including the right to compensation for mishandled or lost luggage.
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The Factors in Determining Compensation
Compensation for flight delays primarily depends on four factors. First, whether the flight is delayed taking off. Second, whether the flight is late arriving at its destination. Third, how much distance the flight covers. Finally, whether or not any portion of the flight was outside the E.U. Other compensation may be available depending on each traveler’s unique circumstances. These include whether they were on a connecting flight and if the airline downgraded their ticket to a lower class.
Notably, when it comes to compensation, airlines cannot consider the cost of the ticket or whether the passenger bought a ticket using award miles.
What Compensation Do Travelers Get if Their Flight Is Delayed Taking Off?
Types of Compensation: Flight Delays
Some delays are a normal part of air travel and the E.U. doesn’t provide compensation for every flight that is delayed taking off. EC 261/2004 only requires airlines to assist a traveler if their flight is delayed taking off by two hours or more. Assistance for passengers whose flights are delayed taking off by four hours or less is minimal, especially if they ultimately arrive at their destination within a few hours of their original schedule.
If a passenger is taking a short flight of 1,500 kilometers (about 932 miles) or less, they are entitled to meals after a two-hour delay. The right to meals is triggered by a three-hour delay for flights that remain completely within the E.U. if those flights are longer than 1,500 kilometers. Airlines are also required to provide meals to passengers whose flights are delayed by three hours if those flights are more than 3,500 kilometers (about 2,175 miles), even if they leave the E.U. For all other flights, the right to a meal starts once a flight is delayed by four hours.
Once a flight is delayed taking off by five hours or more, passengers may choose between waiting for their flight to take off or a refund. Additionally, at the five-hour mark, if the delayed flight is a connection, the passenger can also request a flight back to their original departure point at no cost to them.
When departure delays require an overnight stay, the airline must provide accommodations.
Passenger Rights: Delayed Arrival
More substantial rights, including monetary compensation, kick in once a flight’s arrival is delayed by three hours or more, regardless of when the flight took off. If a passenger’s flight was also delayed taking off, they can stack these rights on top of the rights they were entitled to because of a departure delay.
When a flight’s arrival is delayed by three hours or more, passengers traveling 1,500 kilometers or less are entitled to receive €250. Passengers on flights more than 1,500 kilometers within the E.U. and other flights between 1,500 and 3,500 kilometers are entitled to €400. Passengers on all other flights are entitled to €600.
If the delayed arrival means a traveler has to spend a night somewhere unexpectedly, the airline must provide meals, a hotel room, and transportation to and from the hotel.
Flight Cancellation Rights and Compensation
When an airline cancels a flight, it causes a domino effect and plans are often thrown into disarray. Nothing can make up for having to scramble to deal with a cancellation, but the E.U. grants some rights that can make the situation a little easier. Passengers’ rights depend on how far in advance the flight was canceled.
In most cases, if an airline cancels a flight, passengers can choose between getting a full refund, getting booked on a new flight, or rebooking at a later date as selected by the passenger. These rights apply no matter how far in advance an airline cancels a flight or the reason for the cancelation.
However, if an airline cancels a flight with less than two weeks’ notice, additional rights apply. In addition to being refunded or rebooked, these passengers may be entitled to monetary compensation of up to €600, depending on the length of the flight and the itinerary. Passengers traveling 1,500 kilometers or less are entitled to receive €250. Passengers on flights more than 1,500 kilometers within the E.U. and other flights between between 1,500 and 3,500 kilometers are entitled to €400. Passengers on all other flights are entitled to €600. If a passenger needs to stay somewhere overnight as a result of a canceled flight, they are also entitled to meals and accommodations.
Notably, if a passenger chooses to be rerouted on a flight that gets them to their destination within four hours of their original flight, they may not be entitled to any compensation or may have the amount they receive reduced by 50% depending on the circumstances.
INSIDER TIPAlthough it may not seem obvious, a flight is considered canceled if its departure is moved up by an hour or more.
When Do These Rights Apply?
EC 261/2004 does not apply to passengers on all European flights. To determine if a passenger qualifies for compensation they must consider their departure country, their arrival country, and their airline to see if they fall into one of the three covered categories.
First, EC 261/2004 applies to passengers who depart from any E.U. country, Iceland, Norway, or Switzerland on any airline. Second, these rights apply to passengers who land in an E.U. country, Iceland, Norway, or Switzerland, but only if their flight is on an airline operated by an E.U. country such as AirFrance, Lufthansa, or LOT. Third, passengers flying solely within the E.U. are entitled to these rights when flying on any airline.
For example, if a passenger takes a flight from Paris to New York on an American-based airline, such as United Airlines, they are covered by EC 261/2004 because they departed from France, which is an E.U. country. If the same passenger’s return flight from New York to Paris on United is delayed, they would not be covered. Although they are landing in an E.U. country, the fact that their airline is not operated by an E.U. country excludes them from coverage. That same passenger, however, would be covered if their flight from New York to Paris was on an airline operated by an E.U. country, such as Air France.
INSIDER TIPNotably, EU 261/2004 does not apply to connecting flights if the itinerary both originates and ends outside the E.U. on a single booking. For example, if a passenger traveling from Morocco to the United States has a connecting flight in Paris that is delayed, they would likely not be eligible for any compensation. That’s because the passenger only transited through an E.U. country. However, if the passenger booked each leg of their flight separately, they would likely be covered.
How to Claim Compensation
Just because you are entitled to compensation doesn’t mean you will get it automatically. Passengers usually have to claim any compensation the airline owes them.
In most cases, the easiest way to claim compensation is by filing a claim on the airline’s website. Michael Soud, a lawyer specializing in corporate law and cross-border transactions and co-founder of the travel blog Travel Insighter, explains that “virtually all airlines now have online forms and email addresses dedicated to compensation claims so the process is fairly simple.” Submitting the Air Passenger Rights E.U. Complaint Form with your claim is a good idea. Sound says that “you can expect the compensation process in the E.U. to be fairly smooth.”
Alternatively, Sound says that “affected air passengers can use paid services like AirHelp, which essentially function like agents for filing and processing your claim.” Some of these services don’t charge upfront, but they will take a portion of any compensation they obtain on your behalf.
If making a claim through the airline isn’t successful, Soud explains that each E.U. country has a National Enforcement Body which is responsible for enforcing passenger airline rights.” Passengers can send their complaints to the relevant office with an explanation of why they believe the airline’s response was insufficient.
How Long Do You Have to File a Claim?
How long you have to make a claim varies by country and depends on where the airline that caused the delay or cancelation is headquartered. It’s usually a good idea to file a claim as soon as possible. Most countries give you three years to file, but Anton Radchenko, the founder and CEO at AirAdvisor advises passengers to make a claim as soon as possible since it may take airlines months to respond.
What Documentation Do You Need?
Whenever you file a claim, you may be asked to provide documentation. It’s a good idea to hang onto any documentation you have related to your claim, including boarding passes, baggage claim tickets, receipts for expenses, and notes about what the airline told you about the reason for the delay. To “support a compensation claim, you’ll also want to take screenshots of the airline app’s cancellation notice or get photos of the information boards showing your flight is canceled. The more supporting evidence you can collect, the stronger your compensation claim will be,” Radchenko says.
What About Train Delays and Cancellations?
Many passengers who travel by rail in the E.U. have protections similar to those who travel by air.
Under Regulation 2021/782, if a train’s departure is delayed by 60 minutes or more, passengers can usually choose whether they would like a refund, to be rerouted as soon as possible, or to re-book their ticket at a later date. If a passenger chooses to be rerouted, they are usually entitled to meals and drinks. If a passenger misses a connecting train as a result of a delay, they can ask for a refund and a return ticket to their original point of departure.
If a train arrives at its destination late, passengers are also entitled to monetary compensation. When a train arrives at its destination between 60 and 119 minutes late, passengers are entitled to compensation equal to at least 25% of their ticket price. If the train arrives 120 minutes late or later, passengers are entitled to compensation of 50% of the ticket price.
Rail passengers can claim compensation by filing a complaint directly with the relevant railroad company.
Although these rights are generous, they don’t apply to all trains that operate within the E.U. These rights apply primarily to long-distance trains between two or more E.U. countries, provided that the train does not leave the E.U. at any point along its journey. Trains that stay within one country and trains used primarily for touristic or historical reasons are usually not covered either.
What About Luggage?
Neither EC 261/2004 nor Regulation 2021/782 provide protections for lost, delayed, or damaged luggage. Instead, each airline or rail company develops policies for how it deals with mishandled luggage.
However, under the Montreal Convention, passengers with lost, delayed, or damaged luggage can claim compensation up to about $1,700. To do so, passengers must submit a claim to their airline and specify that they are seeking compensation under the Montreal Convention.
There is a short deadline for submitting claims under the Montreal Convention. Passengers must submit claims for damaged bags within 7 days, claims for delayed luggage within 21 days, and claims for lost bags within two years. After 21 days, luggage is considered lost. When filing a claim, passengers should submit receipts for related expenses, such as clothing and toiletries they purchased to replace lost or delayed items.
EU residents and citizens can also file a complaint about lost, delayed, or damaged luggage with the European Consumers Centres Network in their home country.
What Are the Limitations?
Despite the strong protections provided for travelers in the E.U., they don’t apply in all circumstances. EC 261/2004, Regulation 2021/782, and the Montreal Convention all provide exceptions for “extraordinary circumstances.” EC 261/2004 defines extraordinary circumstances are those “which could not have been avoided even if all reasonable measures had been taken” including “cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks” or unexpected “safety shortcomings and strikes” that affect normal operations.
What constitutes “extraordinary circumstances” isn’t always clear so it’s worth getting as much information as you can about the cause of the delay. For example, if a flight is canceled because of a mechanical failure that could have been detected during a routine maintenance check, you are probably entitled to compensation. However, if a plane can’t take off because a swarm of bees unexpectedly lands on the plane’s wings, you probably won’t be entitled to any compensation because the bees pose an unavoidable safety risk.
Is Anything Else Covered?
The E.U. protects travelers in other ways. For example, other rights kick in if you are denied boarding involuntarily or an airline downgrades your seat. While not all inconveniences are covered by E.U. laws, whenever something goes wrong when traveling by air or rail it’s a good idea to check to see if your particular circumstances are covered.
What Else Can You Do?
If your travel isn’t covered by E.U. regulations, check to see whether you might be protected by other laws. The United Kingdom has very similar protections in place and the United States is expected to implement enhanced protections for travelers in late 2024.
Regardless of legal protections, Soud advises that “unequivocally the best way for travelers to protect themselves is to purchase private travel insurance. All things considered, if you’re going on a $2,000 holiday, it makes sense to spend another $100 for peace of mind.”