Passenger rights – European Union
Flight Compensation Regulation
The Flight Compensation Regulation – EC No 261/2004 – (Regulation), in force since February 17, 2005, is a European Union law establishing rules for assistance and compensation for airline passengers. The airline on whose flight the disruption occurs is responsible for granting your rights.
You are entitled to rights defined by the Regulation if:
- You are denied boarding
- Your flight is cancelled
- Your flight is significantly delayed
This Regulation applies to:
- Passengers who depart from an airport belonging to the EU
- Passengers who depart from an airport situated in a third-party country to an airport located in the EU travelling with an EU airline
- Passengers who have a confirmed reservation and, except in the event of cancellation, arrived in time for check-in as indicated previously in writing or, if no time is so indicated, no less than 45 minutes prior to the scheduled departure time, or have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight regardless of the reasons for the transfer.
It does not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the general public. However, it shall apply to passengers having tickets issued under a frequent flyer program or other commercial program by an air carrier or tour operator.
When we anticipate that we will have to deny boarding on a flight, we must ask for volunteers who will give up their reservations in exchange for certain benefits and will be entitled to refund of their ticket or to re-routing in the same terms as for involuntary refusal.
If insufficient volunteers are obtained, we may then proceed to involuntarily deny passengers the right to board their flight. If you have been involuntarily denied boarding, you have the right to:
Re-routing
Under comparable conditions of transport to your final destination in the shortest delay; or under comparable transport conditions to your destination at your convenience, subject to availability of seats.
Assistance
Includes meals and refreshments depending on the waiting time, hotel accommodation in the event it is necessary to spend one or more nights or to stay longer than anticipated, transportation between the airport and the accommodation, and the right to two free phone calls, fax messages or emails. Particular attention will be given to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.
Compensation
Passengers will receive immediate compensation in the amount of:
- a) EUR 250 for all flights of 1.500 kilometres or less,
- b) EUR 400 for all intra-community flights of more than 1.500 kilometres. and for all other flights between 1.500 and 3.500 kilometres,
- c) EUR 600 for all flights not falling under (a) or (b).
When passengers are offered re-routing to their final destination on an alternative flight the arrival time of which does not exceed the scheduled arrival time of the flight originally booked a) by two hours, in respect of all flights of l.500 kilometres or less, or b) by three hours, in respect of all intra-community flights of more than 1.500 kilometres and for all other flights between 1.500 and 3.500 kilometres; or c) by four hours, in respect of all flights not falling under a) or b), the compensation will be reduced by 50% by 50%.
The compensation will be paid in cash, by electronic bank transfer, or cheques or, with the signed agreement of the passenger, in travel vouchers and / or other services.
Reimbursement
Within seven days of the full cost of the ticket at the price at which it was bought for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure flight at the earliest opportunity.
In the event of cancellation of a flight you will be entitled to reimbursement or re-routing assistance and compensation in accordance with the previous section.
You have no right to compensation when:
- The cancellation is caused by extraordinary circumstances that could not have been avoided even if reasonable steps had been taken. This section includes weather conditions, political instability, strikes, security risks and unexpected flight safety shortcomings.
- You are informed of the cancellation at least two weeks before the scheduled time of departure, or
- You are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival.
- You are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach you final destination less than two hours after the scheduled time of arrival.
Passengers will be informed of alternative transport.
The Regulation will apply to the following delays:
- a) Delays of two hours or more in the case of flights of 1.500 kilometres or less, or
- b) Delays of three hours or more in the case of all intra-community flights of more than 1.500 kilometres and of all other flights between 1.500 and 3.500 kilometres.
- c) Delays of four hours or more in the case of all flights not falling under a) or b).
In these situations, you have the following rights:
- Assistance, under the terms established for denied boarding.
- When the delay is five hours, at least reimbursement and, where applicable, transportation to the first point of departure under the terms set out for denied boarding.
- Compensation when you arrive at your final destination three or more hours after the initially scheduled arrival time in the amount and payment forms established for denied boarding.
If you are placed in a class higher than the booked seat, you cannot request any supplementary payment. If you are placed in a lower class, within seven days, and by the compensation methods provided for above, you will be refunded:
- a) 30% of the price of the passenger ticket for all flights of 1.500 kilometres or less.
- b) 50% of the price of the ticket for all intra-community flights of more than 1.500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1.500 and 3.500 kilometres.
- c) 75% of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.
Priority will be given to transporting persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. In cases of denied boarding, cancellation and delays, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to assistance as soon as possible.
Agency responsible for implementing this policy in Spain:
Agencia Estatal de Seguridad Aérea [State Aviation Safety Agency]
Dirección de Seguridad de la Aviación Civil y Protección al Usuario
Paseo de la Castellana 112 28046
Madrid España
Teléfono de atención, 91-3968000
American Airlines
American Airlines
ATTN: Customer Relations
4000 Sky Harbor Blvd.
Phoenix, Arizona 85281
USA