European regulation 261/2004: your rights vis-à-vis non-European airlines

The complexity of air passenger rights takes on a new dimension when it comes to non-European airlines. Recent disruptions, particularly those linked to geopolitical tensions in the Middle East, have highlighted the differences in protection afforded to travellers, depending on their point of departure and the nationality of the carrier. Understanding the application of European regulation 261/2004 is therefore essential if you are to assert your rights.

## Non-European airlines departing from the EU: European rights fully applicable

The golden rule to remember is that any flight departing from an airport in the European Union (as well as Norway, Iceland and Switzerland) is covered by European regulation 261/2004. This means that even if you're flying with a non-European airline, such as Emirates, Qatar Airways, or any other Gulf carrier, your rights are the same as if you were flying with a European carrier like Air France, Lufthansa or KLM. Mass flight cancellations, whether for operational reasons or due to extraordinary circumstances such as armed conflict, do not remove these fundamental protections.

In these situations, airlines are theoretically exempt from paying lump-sum compensation (ranging from 250 to 600 euros) if the disruption is due to «extraordinary circumstances». However, passengers« »fundamental rights" remain fully applicable. These rights, as defined by article 8 of the regulation, offer passengers a choice between two options: full reimbursement of the ticket within seven days for the part of the journey not made, or re-routing to the final destination as soon as possible, or at a later date agreed with the passenger, subject to availability.

In addition, article 9 of the regulation requires the airline to provide free assistance throughout the waiting period. This includes sufficient meals and drinks, adapted to the duration of the wait, hotel accommodation if one or more nights are required, as well as transportation between the airport and the hotel, and two telephone calls. As Éric Napoli, Legal Manager at AirHelp, reminds us, this obligation to provide assistance applies even in the event of «extraordinary circumstances».

> «The obligation to provide assistance under Article 9 continues to apply, even in the event of conflict-related disruption. This was confirmed by the Court of Justice of the European Union in McDonagh v Ryanair (C-12/11, 2013).»

It is important to note that the airline remains responsible for these obligations, even if it is not directly at fault in the event of «extraordinary circumstances», in order to avoid excessive deterioration in the situation of passengers.

## Returning from outside the EU: limited protection for customers of non-European airlines

The situation changes radically for flights returning to the European Union from a third country (for example, Dubai to Paris, or Doha to Brussels). In this case, the nationality of the airline becomes decisive.

If the return flight is operated by a European airline (Air France, KLM, Lufthansa, etc.), regulation 261/2004 applies in full, even if the departure is outside the EU. Passengers then enjoy the same rights as when departing from the EU.

However, if the return flight is operated by a non-European airline (Emirates, Qatar Airways, Turkish Airlines, etc.), the European regulation does not apply. In such cases, passengers cannot demand reimbursement, assistance or re-routing under European law. Their rights are limited to the airline's general conditions of carriage and the local laws of the country of departure, which are often less protective.

This distinction is crucial, particularly for the thousands of travelers stranded in Asia as a result of the current disruptions. Without the possibility of invoking Regulation 261/2004, these passengers cannot demand hotels, meals, re-routing or rapid reimbursement from their non-European airline.

## Practical advice to avoid losing your rights

When faced with a disruption, the first rule is never to cancel your ticket yourself if the flight is still listed as «scheduled». It is imperative to contact the airline immediately in writing, ideally by e-mail, to obtain official confirmation of flight status and options. In the absence of a satisfactory response within a reasonable time, the passenger must scrupulously keep all receipts for expenses incurred (meals, hotels, new plane tickets).

It is then possible to organize an alternative solution and claim reimbursement of reasonable costs incurred. In the current context of unprecedented disruption, careful verification of the point of departure and the nationality of the carrier is essential. European regulations offer solid protection when departing from Europe, but this protection can be considerably reduced when returning from a non-European country with a non-European carrier. Anticipation and rigorous documentation remain the best guarantees for defending your rights.