- Flight delayed by 3 hours or more?
- Not been promoted?
- Flight cancelled?
- Flight overbooked?
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?
EU Regulation 261/2004 regulates the rights of air passengers in the event of:
- Denied boarding
- Flight delay
- Flight cancellation
- Upgrading or downgrading
- Violation of information obligations
- Lack of care and assistance services
- Non-compliance with the rights of people with reduced mobility
Whether and how it applies depends heavily on where the flight departs from and which airline operates it
| Start location | Destination | Seat of the airline | Is Regulation 261/2004 applicable? |
| Within the EU | Within the EU | EU / non-EU | YES |
| Within the EU | Outside the EU | EU / non-EU | YES |
| Outside the EU | Within the EU | EU | YES |
| Outside the EU | Within the EU | Non-EU | NO |
| Outside the EU | Outside the EU | EU / non-EU | NO |
Specific examples:
Vienna - Madrid with Iberia (EU) => YES
Vienna - New York with Austrian (EU) => YES
Dubai - Vienna with Lufthansa (EU) => YES
Dubai - Vienna with Emirates (non-EU) => NO
Bangkok - Singapore with Thai Airways (non-EU) => NO
§ 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
