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A meeting of the National Enforcement Bodies (the national regulators responsible for the airline sector) held on 12th April, 2013 defined the following circumstances as being ‘extraordinary’: 1.This Regulation will apply: a) to passengers departing from an airport located in the territory of a Member State of the EU or EEA b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State of the EU or EEA, unless they received benefits or compensation and were given assistance in that third country, if the operating air airline of the flight concerned is an EU/EEA airline 2.It also highlights the position that an extraordinary circumstance has to be an event outside an airline’s control.
It is important to note that this Regulation will not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.
Categories: Consumer issues, Flight compensation claims When an EU airline flight is cancelled, delayed, diverted or over-booked or a seat is downgraded, the passenger can be entitled to a refund or alternative flight AND compensation up to €600, the precise amount depending on the flight distance.
Airlines are also obliged to pay for adequate 'care', and possibly other expenses, for such passengers.
Take the example of a passenger flying from the US to the EU with a Delta Air Lines ticket showing the Delta flight number DL1234.
If the arrival of this flight is delayed for more than three hours is this passenger eligible for compensation under this EU Regulation?
A necessary pre-condition for flights into the EU to be eligible is that they are operated by an EU airline.