Travel & Airlines: Your Rights

EU Regulation 261/2004 — The Key Law

EU261 is the regulation that entitles you to compensation when things go wrong with your flight. It applies to:

• All flights departing from any EU/EEA airport (on any airline)
• All flights arriving into an EU/EEA airport on an EU-based carrier

Compensation amounts are fixed by distance:

Flight Delays

If your flight arrives 3 or more hours late at your final destination, you are entitled to compensation under EU261. The amount depends on the flight distance (see above).

While you are waiting, the airline must also provide:

• 2+ hours delay: meals, drinks, and two free phone calls or emails
• 5+ hours delay: the right to abandon the journey entirely and receive a full refund
• Overnight delay: hotel accommodation and transport to/from the hotel

Cancelled Flights

If your flight is cancelled, you are entitled to:

• Full refund (within 7 days) OR rerouting to your destination at the earliest opportunity
• Compensation (€250–€600) unless the airline informed you at least 14 days before departure
• Meals, drinks, and accommodation while waiting for a rerouted flight

Airlines often claim "extraordinary circumstances" to avoid paying compensation. This defence covers genuine events like severe weather, air traffic control strikes, and security threats. However:

Denied Boarding (Overbooking)

If the airline overbooks a flight and you are denied boarding against your will, you are entitled to:

• Compensation (€250–€600 depending on distance)
• Choice of full refund or rerouting to your destination
• Meals, drinks, and accommodation while waiting

The airline must first ask for volunteers to give up their seats in exchange for benefits. Only if there are not enough volunteers can they deny boarding involuntarily — and at that point, the compensation is mandatory.

Lost, Delayed, or Damaged Baggage

Baggage issues are covered by the Montreal Convention, not EU261. You can claim up to approximately €1,300 per passenger.

• Report immediately at the airport — fill in a Property Irregularity Report (PIR) before you leave
• Delayed baggage: the airline must cover reasonable expenses (toiletries, essential clothing). Keep all receipts. File your claim within 21 days of receiving the bag
• Damaged baggage: file your claim within 7 days of receiving the bag
• Lost baggage: officially classified as lost after 21 days. Claim the full value of contents up to the Montreal Convention limit

Ryanair and Aer Lingus — Irish-Specific Tips

As the two dominant airlines for Irish consumers, both Ryanair and Aer Lingus have a track record of resisting EU261 claims. Here's what to know:

• Both airlines have online claim forms — use them, but don't rely solely on automated responses
• Ryanair frequently cites "extraordinary circumstances" for technical issues. Challenge this — EU courts have ruled technical faults are not extraordinary
• Aer Lingus sometimes offers travel vouchers instead of cash compensation. You are not obliged to accept vouchers — insist on cash payment
• If the airline rejects your claim or doesn't respond within 6 weeks, escalate to the Commission for Aviation Regulation
• Keep copies of everything — the airline's initial response, your follow-up, and all correspondence

Package Holidays

If you booked a package holiday (flight + hotel or other services combined), you have additional protections under the EU Package Travel Directive, implemented in Irish law.

• The tour operator is responsible for the entire package — even parts provided by third parties
• If the holiday doesn't match what was promised, you have the right to a price reduction
• You can claim compensation for loss of enjoyment — not just financial losses
• If the operator becomes insolvent, your money is protected through bonding schemes
• Significant changes to your holiday before departure give you the right to cancel with a full refund

How to Claim — Step by Step

1. Complain directly to the airline — use their online claim form or write to their customer service. Be specific: include your flight number, date, booking reference, and the exact issue
2. Wait for a response — give the airline 6 weeks. If they reject your claim or don't respond, move to step 3
3. Escalate to the Commission for Aviation Regulation (CAR) — Ireland's enforcement body for EU261. The complaint is free and can be submitted online
4. Small Claims Court — for claims up to €2,000, you can use the Small Claims procedure (costs €25 to file). Straightforward and you don't need a solicitor
5. Consider a claims company — companies like AirHelp or Flightright will handle the process for you, but they take 25–35% of your compensation. Only worthwhile if you don't want to deal with it yourself

Commission for Aviation Regulation (CAR)

The CARis Ireland's National Enforcement Body for EU261. It handles complaints about flights departing from Irish airports or operated by Irish carriers arriving into the EU.

• It is free to submit a complaint
• You must have complained to the airline first and waited at least 6 weeks
• CAR can investigate and take enforcement action against airlines
• For flights departing from other EU countries, contact the relevant National Enforcement Body in that country

Travel Insurance

Travel insurance can cover gaps that EU261 doesn't — but it has limits. Key points:

• Medical emergencies abroad — this is the most important reason to have travel insurance. The European Health Insurance Card (EHIC) covers some costs in the EU, but not repatriation or private treatment
• Trip cancellation — covers pre-departure cancellation for reasons like illness, but check what counts as a valid reason under your policy
• Missed connections — some policies cover additional costs if you miss a connecting flight due to a delay

Essential Tips

• Keep your boarding pass and booking confirmation — you will need these to make a claim
• Screenshot the departures board showing the delay — this is powerful evidence
• Note the actual arrival time — when the aircraft doors open, not when the wheels touch down
• Keep all receipts for meals, drinks, transport, and emergency purchases during disruption
• Don't sign anything at the airport that waives your rights in exchange for a voucher
• Claim from the airline first, not your travel insurer — EU261 compensation is separate from insurance and you can claim both
• The time limit for EU261 claims in Ireland is 6 years — if you had a bad experience in the past, you may still be able to claim