Due to military operations in the Middle East and the resulting flight cancellations, passengers who planned to travel from an EU airport or from a non-EU airport but with an EU-registered air carrier are covered by clearly defined EU law. In such cases, Regulation (EC) No. 261/2004 applies, establishing passengers’ rights in the event of flight cancellations, delays, or denied boarding.

What is important to know if your flight has been canceled or delayed? Read the commentary by attorney Robertas Narusevicius and paralegal Živilė Radavičiūtė:

Due to military operations in the Middle East and the resulting flight cancellations, passengers who planned to travel from an EU airport or from a non-EU airport but with an EU-registered air carrier are covered by clearly defined EU law. In such cases, Regulation (EC) No. 261/2004 applies, establishing passengers’ rights in the event of flight cancellations, delays, or denied boarding.

When a passenger is denied boarding, or their flight is canceled or delayed, the air carrier must provide detailed information in writing regarding the compensation and assistance to which they are entitled. Under EU Regulation No. 261/2004, the air carrier must offer passengers whose flights have been canceled a full refund of the ticket price or rebooking on the next available flight or a later flight at a time convenient to the passenger.

If a passenger chooses to be transported on the next available alternative flight, the air carrier must provide assistance and care. This means that passengers must be provided with meals and refreshments free of charge during the wait, depending on the length of the delay. If it is necessary to stay for one or more nights or longer than planned, the air carrier must arrange for accommodations and provide transportation between the airport and the place of accommodation.

If a flight is canceled due to military operations (e.g., airspace closure or security risks), the situation is generally considered to constitute extraordinary circumstances under Regulation (EC) No. 261/2004. This means that monetary compensation of 250–600 euros is usually not payable, but the right to a refund of the ticket price or alternative transportation and care remains.

It is important to note that an air carrier cannot unilaterally impose compensation in the form of a voucher or credit alone if a passenger requests a refund. Passengers are also entitled to reimbursement for reasonable additional expenses if the airline fails to provide the required assistance on the spot.

“Acts of war may waive the obligation to pay standard compensation, but they do not relieve the air carrier of its responsibility to arrange for return travel or an alternative flight and to take care of the passengers. These obligations are mandatory,” comments Živilė Radavičiūtė, an associate attorney at the law firm “Leagus.”

Passengers are advised to keep all travel-related documents and receipts supporting their expenses and, if necessary, to contact the air carrier in writing. In the event of an unjustified refusal, passengers may file a complaint with civil aviation regulatory authorities or dispute resolution bodies.

Prepared by Robertas Naruševičius, attorney-at-law, and Živilė Radavičiūtė, paralegal, at the “Leagus” Law Firm