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.
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)