Hong Kong may not be part of the EU, but that doesn’t mean EC 261 doesn’t apply. There are several cases in which you could claim compensation under this powerful law, and here’s all you need to know to get up to €600 if you face a Hong Kong flight delay or cancellation.
About Hong Kong Passengers EC 261 Eligibility
Hong Kong has many routes to and from Europe, so if you have a touch point in qualifying EU countries, you could file for up to €600 in compensation under EC 261. Additionally, if your airline is based in the EU, you could also qualify. It depends on the circumstances of your flight.
What are Your Passengers Rights?
EU Regulation 261/2004 is designed to uphold your rights when you fly within, into, or out of the European Union, or when you fly with a European carrier. If you encounter delays or cancellations, you have the right to assistance and, in certain cases, compensation.
Flight Delay Compensation
If your flight is delayed by more than two hours, the airline is obliged to provide you with care, including meals, refreshments, and, if necessary, accommodation and transport between the airport and place of accommodation. For delays of three hours or more, you may be entitled to monetary compensation, which is determined by the distance of your flight:
- Flights up to 1,500 km: €250.
- Flights between 1,500 and 3,500 km: €400.
- Flights over 3,500 km: €600.
Compensation Payment
The compensation should be paid in cash, by electronic bank transfer, bank orders, or bank cheques. Alternatively, with your signed agreement, the compensation can be provided in travel vouchers or other services. It’s important to note that the offer of vouchers or services as compensation must be accompanied by the choice of monetary compensation, and you have the right to opt for the payment method that best suits your preference.
Reimbursement and Re-routing
In addition to compensation, if your flight is delayed by five hours or more, you have the right to a refund of your ticket cost if you decide not to travel. If you still wish to travel, you can opt for re-routing to your final destination at the earliest opportunity or at a later date of your convenience, subject to seat availability.
Remember, these rights are in place to ensure that you are treated fairly and can make informed decisions about your travel in the event of significant delays or cancellations.
Flight Cancellation Compensation
If your flight is cancelled and you were informed less than 14 days before the scheduled departure, you may be eligible for compensation, especially if the alternative flight offered by the airline does not align closely with your original schedule.
The compensation for cancelled flights is determined by the flight distance, and should be paid in cash, via electronic bank transfer, bank orders, or bank cheques. You may also be offered compensation in the form of travel vouchers or other services, but this is only with your explicit agreement, and you retain the right to insist on a monetary payment. The standard compensation amounts are as follows:
- Flights up to 1,500 km: €250.
- Flights between 1,500 and 3,500 km: €400.
- Flights over 3,500 km: €600.
Please note that the compensation may be reduced by 50% if the airline offers you an alternative route to your final destination with a new arrival time that does not exceed the original scheduled arrival time by:
- Two hours, for flights of 1,500 km or less.
- Three hours, for flights between 1,500 km and 3,500 km.
- Four hours, for flights over 3,500 km.
Remember, the value of the compensation should not vary based on the form it is provided in; whether you choose a monetary reimbursement or a travel voucher, the value should be equivalent to what is stipulated by the regulation.
Overbooked Flight Compensation
The Hong Kong has some protections in place when it comes to overbooking regardless of where you’re travelling, but if you’re in Europe, your best bet is to claim under EC 261. Here’s what qualifies.
- You were involuntarily denied boarding. This does not apply if you missed your flight or lacked the proper documentation to get on the flight. The issue could not have been in your control.
- You didn’t volunteer to give up your seat, often in exchange for travel vouchers, miles or other benefits.
- Your flight either arrived or departed in the EU.
You can file a claim in any of these circumstances.
Calculate your compensation
What to Do in Case of Delays or Cancellations?
Flight disruptions such as delays and cancellations can be inconvenient, but EU regulations provide clear protections for passengers. Here’s what you should do in these situations:
Delays
- Document the Delay: Record your scheduled departure time, the time of delay notification, and any reasons provided by the airline.
- Know Your Entitlements:
- For delays of 2 hours or more, the airline should offer you meals and refreshments, two free phone calls, emails, or faxes.
- For delays of 3 hours or more, you may be entitled to compensation similar to that for cancellations.
- For delays of 5 hours or more, you have the right to a full refund if you decide not to travel.
- Seek Assistance: Approach the airline’s customer service desk at the airport for immediate assistance and clarification on your rights.
- Claiming Compensation: Once you’ve reached your destination, if your flight’s arrival was delayed by more than 3 hours, you can claim your compensation, which can be up to €600, depending on the flight distance.
Cancellation
- Record the Details: Note down the details of your original flight and when you were informed of the cancellation.
- Immediate Assistance:
- If you learn about the cancellation at the airport, the airline’s customer service should assist you with rebooking or provide a refund if you choose not to travel.
- You’re also entitled to care (meals, refreshments, accommodation if necessary) if you have to wait for a rebooked flight.
- Compensation Claims:
- If you were informed of the cancellation less than 14 days before departure, you might be eligible for compensation up to €600, depending on the flight distance and the offered rebooking options.
- Contact the airline with all relevant documentation to claim your compensation.
- General Advice:
- Always keep a copy of your travel documents and any communication with the airline.
- If you’re unsure about your rights or how to proceed, consult the airline’s conditions of carriage or seek advice from a passenger rights organization.
By following these steps, you can ensure that you’re adequately compensated and assisted during travel disruptions.
Conclusion
You have rights when you face a Hong Kong flight delay or cancellation under EC 261 in select cases. If you’re travelling in the EU, you should be covered and could receive up to €600 in compensation. The trick is you have to file a claim with your airline to receive it. This article was updated in 2023.
