FlightRepay

ANSWER · EC 261

Which flights does EC 261 cover?

Art. 3(1) covers every flight departing an airport in a Member State, whatever the airline, and flights from a third country into a Member State only where the operating carrier is a Community carrier. Nationality, residence and where the ticket was bought are irrelevant. Art. 3(3) excludes passengers travelling free or on a fare not available to the public.

REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026

The scope test in one table

ART. 3(1)(A) AND 3(1)(B)
ROUTEOPERATING CARRIEREC 261
Departing an EU or EEA airportAny airlineApplies
Third country into the EUEU or EEA carrierApplies
Third country into the EUNon EU carrierDoes not apply
Wholly outside the EUAny airlineDoes not apply
Our rule set treats departures from the EU member states, Iceland, Norway, Liechtenstein and Switzerland as within scope, and assesses the operating carrier's nationality on arrivals.

What the amounts are

COMPENSATION BY DISTANCE BAND
DISTANCE BANDEC 261UK 261
Up to 1,500 km€250£220
1,500 to 3,500 km€400£350
Over 3,500 km€600£520
Bands and amounts read from rule set v5, the same data the free check evaluates. EC 261 figures are set by Art. 7(1); the sterling figures were substituted by SI 2019/278 for flights covered by the retained regulation.

The exclusions in 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. Staff standby tickets and industry discounts sit inside that exclusion. Frequent flyer redemptions do not, because Art. 3(3) carves them back in where the ticket was issued under a customer loyalty programme.

Rights that cannot be signed away

Art. 15 provides that obligations under the regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage. A fare rule that says compensation is excluded does not survive that article.

SOURCES

  1. Regulation (EC) No 261/2004, Art. 3(1) · EUR-Lex · checked 7 August 2026
  2. Regulation (EC) No 261/2004, Art. 3(3) · EUR-Lex · checked 7 August 2026
  3. Regulation (EC) No 261/2004, Art. 15 · EUR-Lex · checked 7 August 2026

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