ANSWER · UK 261 AND EC 261
I flew on points or a free ticket. Am I covered?
Points tickets are covered: Art. 3(3) applies the regulation to passengers with tickets issued under a frequent flyer programme or other commercial programme. What it excludes is travelling free of charge or on a reduced fare not available directly or indirectly to the public. Where you are covered, the amounts are unchanged, €250, €400 or €600 by distance, because compensation does not depend on the fare.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
The exact scope rule
Art. 3(3): the regulation does not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public, but it does apply to passengers with tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator. An award seat paid in points plus taxes sits squarely inside that second sentence.
Staff travel and industry fares
Standby staff travel and industry discount fares are the classic examples of reduced fares not available to the public, and they fall outside the regulation. A staff member flying on an ordinary published fare is covered like anyone else.
SOURCES
- Regulation (EC) No 261/2004, Art. 3(3) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 7(1) · EUR-Lex · checked 7 August 2026
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