Passengers rights

In certain cases, air passengers benefit from specific rights and protections defined in Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004.

These specific cases are as follows :

• cancellation of a flight ;
• delay of a flight
• denied boarding;
• upgrades and downgrades.

All the information on your rights as an air passenger is available on “Your Europe”. You will also find the text of passengers' rights at the check-in desks or in the boarding areas of the airport.

If passengers' rights under European regulations are not respected, you can lodge a complaint with the airline or airport concerned. If your claim for compensation is refused by the airline or if you do not agree, you can lodge a complaint.

To which passengers does the European regulation apply?

• Passengers departing from an airport in the European Union, Norway, Iceland or Switzerland on scheduled and non-scheduled flights (including those carried out as part of a package tour as referred to in Directive (UE) 2015/2302.
• Passengers departing from an airport located in a third country to an airport in the European Union, Norway, Iceland or Switzerland (scheduled or non-scheduled flights, including those carried out as part of a package tour as referred to in Directive (UE) 2015/2302, provided that a Community airline operates the flight, unless it has received certain benefits or compensation and assistance in that third country.

You can invoke Regulation (EC) 261/2004 if you have a confirmed flight reservation and have completed all check-in formalities on time.

The rules do not apply to :

• Passengers travelling free of charge or at a reduced fare that is not directly accessible to the public. Tickets from a Frequent Flyer program or any other commercial program are not considered as reduced fare tickets.
• Passengers with a flight departing from outside the EU, performed by a no-community air carrier.
• Passengers with a flight departing from and destined for an airport outside EU.

For flights departing from an airport on the territory of another European Union Member State, you will find the contact list on the NEB (National Enforcement Bodies).

What can the FPS Mobility do for you?

In accordance with the provisions of European Regulation (EC) 261/2004, you are entitled to compensation as an air passenger. The operating airline must grant these rights to the passenger in the event of cancellation, delay or denied boarding on a flight or when the passenger is upgraded or downgraded.

BCAA's responsibilities

The Belgian Civil Aviation Authority (BCAA) is responsible for the application of Regulation (EC) 261/2004 for :

• flights departing from airports located on Belgian territory ;
• flights departing from an airport in a third country (outside the European Union, Norway, Iceland or Switzerland) to an airport on Belgian territory, provided that the operating airline is a Community airline.

The Belgian Civil Aviation Authority does not take the place of the airlines in the event of passenger compensation or reimbursement. This is the responsibility of the airlines.

The Belgian Civil Aviation Authority is not authorized to force airlines to pay passengers. If the BCAA finds that the airline has failed to apply regulation 261/2004, it may draw up a report in accordance with the provisions of the law of 27 June 1937 revising the law of 16 November 1919 on aviation regulation. This may result in criminal or administrative sanctions.

This investigation is subject to criminal investigation secrecy. The BCAA cannot therefore provide passengers with information about the investigation.

Cancellation of a flight

The BCAA can act as an intermediary for flights departing from airports in Belgium and for flights landing at a Belgian airport if they are not departing from a country in the European Union, Norway, Iceland or Switzerland.

• What is flight cancellation?
  This is the cancellation of a scheduled flight on which at least one seat has been booked. A flight is considered cancelled when there is a change in the flight number for the itinerary for which the passenger has concluded a contract of carriage, specifying a specific scheduled service for a given day.
• What are your rights?
  If your flight is cancelled, please first contact your airline's customer service department. In the event of cancellation, the carrier must offer the passenger the choice between :
  • a flight to the final destination on an alternative flight. If the airline concerned offers the passenger a flight to an airport other than the booked destination (or to another nearby airport agreed with the passenger), the airline will cover the cost of this journey.
  • reimbursement of the ticket provided that the passenger renounces the journey. The airline will cover all the costs of the return flight (if a flight is cancelled at a connecting airport) to the original point of departure.
• What compensation is provided?
  Passengers on a cancelled flight are entitled to flat-rate compensation. This does not apply if the flight is cancelled more than 2 weeks before departure or if, in the event of a slight delay, a seat is offered on another flight to the final destination that corresponds closely to the original flight in terms of departure and arrival times.
  The amount of the flat-rate compensation depends on the distance of the flight. It amounts to :
  • 250 euros for all flights of 1500 kilometers or less;
  • 400 euros for all intra-Community flights over 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers;
  • 600 euros for all other flights.

Compensation is not payable if the airline can prove that the cancellation is due to extraordinary circumstances: political instability, weather conditions, security problems, unexpected flight safety problems, strikes external to the airlines (e.g. security services strike, air traffic control strike, etc.), regardless of when the passenger is informed of the cancellation. An internal airline strike (e.g. a strike by pilots or cabin crew) is not considered an extraordinary circumstance.

Delay of a flight

Regulation (EC) no. 261/2004 does not provide a definition of “delay”, but the text states that a delay occurs if the aircraft takes off after the scheduled departure time.

• What are your rights?
  You have certain rights if the airline expects the delay on arrival at the final destination to be :
  • 2 hours or more for all flights of 1500 kilometers or less ;
  • 3 hours or more for all flights within the EU of more than 1500 kilometers
  • and for all other flights between 1500 and 3500 kilometers ;
  • 4 hours or more for all other flights.

In the above cases, the airline must provide meals and refreshments, in reasonable proportion to the waiting time, and offer two free telephone calls, faxes or e-mails, as well as, where appropriate, hotel accommodation and payment of transport costs between the airport and the place of accommodation.

• Is a refund possible?
  Air tickets can be refunded if they are delayed by at least five hours after the scheduled departure time, and only if the passenger cancels his or her journey. Passengers may request payment of the cost of a return flight to their original point of departure (in the event of a flight delay at a connecting airport).
• What compensation is provided?
  You are entitled to flat-rate compensation if your flight is delayed by three hours or more on arrival at your final destination. The amount of compensation depends on the distance of the flight. It amounts to :
  • 250 euros for all flights of 1500 kilometers or less ;
  • 400 euros for all intra-Community flights of more than 1,500 kilometers
  • and for all other flights between 1500 and 3500 kilometers ;
  • 600 euros for all other flights.

Compensation is not payable if the airline can prove that the delay is due to extraordinary circumstances: political instability, weather conditions, security problems, unexpected flight safety problems, strikes external to the airlines (e.g. security services strike, air traffic control strike, etc.), regardless of when the passenger is informed of the cancellation. An internal airline strike (e.g. a strike by pilots or cabin crew) is not considered extraordinary circumstance.

Denied boarding on a flight

In certain cases, the airline may refuse passengers on a flight. You may be entitled to compensation if you are denied boarding or overbooked.

What is denied boarding?

An airline may refuse to carry passengers on a flight, for example if they do not have the correct travel documents or for health, safety or security reasons.

The airline must first check whether there are any volunteers among the passengers who wish to postpone their reservations in exchange for certain benefits.

There are therefore two possible situations:

• Voluntary surrender of a reservation:
  Passengers voluntarily surrender their reservation in exchange for certain benefits agreed between the passenger concerned and the operating airline. If you voluntarily surrender your seat, you will have the choice between :
  • Transfer to the final destination on an alternative flight. If the airline concerned offers the passenger a flight to an airport other than the reserved destination (or to another nearby airport agreed with the passenger), the airline will pay the cost of this journey.
  • Reimbursement of the ticket, provided that the passenger renounces the journey. The airline will cover all the costs of the return flight (in the event of denied boarding at a connecting airport) to the original point of departure.
• Denied boarding against the passenger's will:
  In this case, the passenger is entitled to flat-rate compensation, the amount of which depends on the distance of the flight.
  ​​​​​​​What compensation is provided?
  • 250 euros for all flights of 1500 kilometers or less ;
  • 400 euros for all intra-Community flights of more than 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers;
  • 600 euros for all other flights.

Upgrading and downgrading

If, as a passenger, you are placed in a higher class than the one for which you purchased a ticket, the airline cannot charge any supplement. If you are placed in a lower class, the airline must compensate you.

• What compensation is provided?
  • 30% of the ticket price for all flights of 1500 kilometers or less ;
  • 50% of the ticket price for all intra-Community flights of more than 1,500 kilometers, with the exception of 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 kilometers;
  • 75% of the ticket price for all flights not covered by points a) or b), including flights between the European territory of the Member States and the French overseas departments.

Complaint procedure

If the airline does not respond within 6 weeks or if you do not agree with their response, you can lodge a complaint on our online platform.

Please join a copy of all correspondence with the airline, a copy of your reservation (or flight tickets) and a copy of all supporting documents for the expenses for which you are requesting reimbursement.

If the form is incomplete, your claim will not be processed.