Do European Passengers Have More Rights Than U.S. Travelers?

Feb. 3, 2011 — -- The recent really bad weather periods in both Europe and The U.S. resulted in huge numbers of flight delays and cancellations. Several travelers apparently noticed that airlines did a lot more for travelers in Europe than those in the U.S.

Why is that?

One reader asked, simply:

"Do European travelers have more rights than U.S. travelers in the event of major flight delays and cancellations?"

The short answer is, "Yes, European requirements are much stronger, but enforcement seems to be a bit inconsistent."

In February 2004, the European Parliament and Council of 11 established "common rules of compensation and assistance to passengers in the event of denied boarding and cancelation or long delay of flights," and the resulting Regulation 261/2004 detailed the requirements. Here's a summary of the key provisions, along with highlights of the differences between U.S. and European requirements.

Application

The regulation applies to (1) passengers on any flight departing from an airport within the European Community and (2) passengers flying on an airline based in the EC from any other country to an airport within the EC, unless compensated in the originating country. As in the U.S., passengers must comply with check-in and ticketing requirements.

What's Different: U.S. rules, in general, do not apply to flights to the U.S. from other countries, even on U.S. airlines. And although the European regulation does not apply to travelers traveling "free of charge," it specifically does apply to travelers on frequent flyer tickets.