Which flights are covered by EU passenger rights?

The Air Passenger Rights Regulation (261/2004) applies to all passengers regardless of their place of residence, nationality, etc. if:

  • the flight is taken within the European Union

  • the flight is operated from a third country to the European Union and the airline has its principal place of business in the EU

§ The legal basis is Article 3 (1) of Regulation (EC) 261/2004.

What issues are regulated in the EU Passenger Rights Regulation?

§ The legal basis is Art. 4, 5, 6, 10, 11 and 14 of Regulation (EC) 261/2004.

Which issues are not appliccable?

  • Baggage problems with airlines based outside Austria

  • Cancellation by the passenger himself

  • Complaints about airline staff, on-board catering, movie selection, etc.

  • Aircraft noise

  • Helicopter flights

Responsibility of the apf in air traffic

The apf is responsible if the flight:

  • departs from Austria

  • departs from an EU Member State and arrives in Austria

  • is operated by an Austrian airline (when landing in an EU Member State)

  • is departing from a third country, arrives in Austria and the airline has its principal place of business in the EU.

§ The legal basis is Article 7 (1) and (4) of Regulation (EC) 261/2004.

In which cases is the EU Passenger Rights Regulation not applicable?

The EU Regulation does NOT apply in the following cases, among others:

  • Place of departure in a third country and the airline's registered office is not in the EEA
    (e.g. flight: Beijing - Vienna with Air China)

  • Place of departure in a third country and destination in a third country with a stopover in the EU

  • The flight booking was not confirmed

  • The passenger was not at check-in or at the gate
    in time (at least 45 minutes before departure)

  • The trip was free of charge or at a reduced rate that is not publicly available

  • Reasons relating to health, general and operational safety or lack of travel documents
    (in case of denied boarding)

Regulation (EU) 261/2004

VO_261_2004.pdf (131.4 KiB)

Flight delayed?
  • Flight delayed by 3 hours or more?
  • Not been promoted?
  • Flight cancelled?
  • Flight overbooked?

 

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