EU Rights Flight and Obligations

To what types of flights does the EU Regulation apply?

The Regulation applies to all passengers embarking on a flight from airports within the Euro-pean Union. The regulations relate to both scheduled airlines as well as charter flights. Flights in the framework of an all-inclusive package tour are only included if the flight was cancelled by the airline. apf can help all passengers flying out of Austrian airports or arriving at Austrian airports enforce their rights in cases of dispute.

In addition, it also applies to passengers embarking at a third-country airport for a flight bound for an airport in the European Union if the airline has its registered offices inside the European Union.

The legal basis is Art. 3, Section 1a) and Section 1b), of Regulation (EC) 261/2004.

What additional obligations do airlines have?

Airlines are obligated to inform their passengers of their rights as passengers.

The legal basis is Art. 14, Section 1 and Section 2, of Regulation (EC) 261/2004.

What obligations do the companies have in relation to individuals with a handicap? Must assistance be requested in advance?

Basically, airlines must also carry handicapped people and persons with limited mobility. However, carriage may be denied by companies if it would run counter to applicable safety regulations or if it is not possible for technical reasons (e.g. due to the aircraft model or its furnishings).

If specific precautions must be taken for safe carriage, or if assistance must be performed by the aviation company or by the airport operator then the company with responsibility for this may insist that passengers report their needs at least 48 hours in advance and arrive early for the departing flight. Should wheelchairs or other mobility aids be damaged or lost by employees of the airline or the airport, the company with responsibility is liable for the replacement value or the repair costs.

The legal basis is Art. 3,4,6,7 and 12 of Regulation (EC) 1107/206.

In what cases can I not invoke the EU Regulation, despite a flight cancellation, delay or refusal to board?

The EU Regulation is not applicable in the following cases:

  • The place of departure is located in a state which does not belong to the European Un-ion (so-called third state) and the airline does not have its registered offices inside the European Union. In this sense, Switzerland, Norway and Iceland also belong to the Eu-ropean Union.
  • The passenger does not have any confirmed booking.
  • The passenger has not arrived on time (or, if no time was indicated, at least 45 minutes prior to departure time) at check-in or at the gate.
  • The passenger was travelling for free or at a reduced rate that was not available to the public.
  • There are reasons in connection with health, general or operational safety, or a lack of travel documents.