Does EU261 Apply to Non-EU Airlines?

Yes, EU261 also applies to non-EU airlines such as Turkish Airlines, American Airlines or Emirates, as long as your flight departs from an EU airport. This means you have the same rights to compensation for delays or cancellations. It doesn't matter which airline you book with - the departure location determines whether EU261 applies under Dutch law.

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The short answer

EU261 applies to all airlines departing from EU airports, regardless of the airline's nationality. This means that if you have a delayed or cancelled flight with Turkish Airlines from Amsterdam, you have the same rights as with KLM. You can also claim compensation for flights by American or Asian airlines departing from EU airports in the Netherlands. The rule also applies to flights from Norway, Iceland and Switzerland. For arriving flights in the EU, EU261 only applies to EU airlines.

What does the law say?

EU261 is a European regulation that protects passenger rights in case of flight delays and cancellations. The law applies to all flights departing from airports in EU countries, plus Norway, Iceland and Switzerland. For arriving flights, the rule only applies if the airline has an EU licence. Compensation ranges from €250 to €600 depending on distance and delay.

1EU261 applies to departing flights from EU airports (all airlines)

2For arriving flights only EU airlines

3Compensation of €250-€600 for delays from 3 hours

4Also right to care (food, drinks, accommodation)

What should you watch out for?

Non-EU airlines sometimes try to claim that EU261 doesn't apply to them, but this is incorrect if you're departing from an EU airport. Always keep your boarding pass and document the delay. Note that the airline must prove that the delay was caused by extraordinary circumstances. Codeshare flights can also be complicated regarding which airline is responsible.

1Airlines cannot refuse EU261 for departures from EU

2Keep all documents and communication

3For codeshare: check which airline actually operates

4Claim within 3-6 years (depending on country)

Example from practice

Suppose you fly with Turkish Airlines from Amsterdam to Istanbul and your flight is delayed 4 hours due to a technical problem. Despite Turkish Airlines not being an EU airline, you're entitled to €250 compensation because you're departing from Schiphol. The airline cannot claim that EU261 doesn't apply - the departure location Amsterdam makes it applicable under Dutch law. The same applies to an Emirates flight from Düsseldorf or an American Airlines flight from London.

What can you do?

Always start with a claim directly with the airline, even if you expect a rejection. Document the situation thoroughly and keep all evidence.

1First file a claim with the airline itself

2Collect all documents: tickets, boarding pass, delay confirmation

3If rejected: engage a claims agency or lawyer

4Consider proceedings with disputes committee or court

Conclusion

So EU261 also applies to non-EU airlines, as long as your flight departs from an EU airport in the Netherlands. Don't let airlines brush you off by claiming the rule doesn't apply to them - you have the same rights regardless of which airline you book with as an expat in the Netherlands.

Frequently Asked Questions

Does EU261 also apply to low-cost airlines outside the EU?

What if my flight has a stopover outside the EU?

Can an American airline refuse EU261?

Does EU261 still apply after Brexit for flights from London?

What if the airline goes bankrupt during my claim?

Does EU261 also apply to business flights with non-EU airlines?

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