Charter flights are a popular choice for travelers booking package holidays, especially to seasonal destinations. These flights are often bundled with hotels and transfers, making them convenient and cost-effective.

Despite their popularity, there is widespread confusion about passenger rights on charter flights. Many travelers believe that charter flights are excluded from EU air passenger rights protections or that EU261 compensation rules work differently.

This article will clarify whether Regulation EU261 applies to charter flights, what rights passengers have in case of delays or cancellations, and who is responsible when something goes wrong.

What Is a Charter Flight?

A charter flight is a flight that is not part of an airline’s regular schedule. Instead, it is usually operated on behalf of a tour operator, travel agency, or holiday company.

The key difference between charter and scheduled flights is how the seats are sold. On scheduled flights, passengers book directly with the airline. On charter flights, seats are often sold as part of a holiday package, including accommodation and other services.

Common examples of charter flights include flights booked through tour operators for beach holidays, ski trips, or seasonal travel packages. Despite these differences, charter flights are still commercial air services — which is why Regulation EU261 can still apply.

What Is Regulation EU261?

Regulation EU261 is a European regulation designed to protect air passengers when flights are disrupted.

The regulation applies to:

• Flights departing from an EU/UK airport, regardless of the airline, and
• Flights arriving in the EU/UK if operated by an EU/UK-based airline

EU261 covers all ticketed passengers, regardless of ticket price, age or booking method, as long as the flight meets the regulation’s criteria. The regulation applies to charter flights as well.

A similar regulation to EU261 applies in the UK, meaning passengers are protected in much the same way under UK261 as they are under the EU regulation.

What Regulation EU261 Covers?

• Flight delays (usually when you arrive 3 hours or more late at your final destination)
• Flight cancellations, especially when they happen at short notice (called ‘last-minute flight cancellations’)
• Denied boarding due to overbooking

EU261 also states that during airport delays caused by a flight disruption, passengers have the right to care, such as meals, refreshments, and accommodation where necessary. If you have to wait at the airport for at least 3 hours, you are entitled to care from the airline.

In the case of a flight cancellation, passengers also have the right to choose between a full refund or rebooking on an alternative flight (also called rerouting).

Does EU261 Apply to Charter Flights?

Yes. Regulation EU261 generally applies to charter flights in the same way it applies to scheduled flights. The fact that your flight was part of a holiday package or arranged by a tour operator does not remove your passenger rights.

EU261 applies when:

• The flight departs from an EU/UK airport, regardless of the airline, or
• The flight arrives in the EU/UK and is operated by an EU/UK airline

As long as one of these conditions is met, charter passengers are protected under EU261. Importantly, the type of ticket you hold — whether booked directly, through a tour operator, or as part of a package holiday — does not affect your entitlement to EU261 rights.

Who Is Responsible for EU261 Compensation?

A common source of confusion is whether EU261 compensation should be claimed from the tour operator or the airline.

Under EU261, responsibility for compensation lies with the operating airline, not the tour operator. Even if you booked your trip as part of a package holiday, your compensation claim must be submitted to the airline that operated the flight.

Tour operators may assist with rebooking or refunds under package travel rules, but EU261 compensation claims must always be directed to the airline. Airlines sometimes try to shift responsibility to tour operators, but this does not change their legal obligation under EU261.

EU261 Compensation on Charter Flights

Passengers on charter flights have the same compensation rights as those on scheduled flights when disruptions occur.

You may be entitled to compensation for:

• Flight delays of 3 hours or more at the final destination
• Flight cancellations, especially when announced less than 14 days before departure
• Involuntary denied boarding due to overbooking

Compensation amounts are fixed under EU261 and depend on flight distance:

• €250 for short-haul flights
• €400 for medium-haul flights
• €600 for long-haul flights

Charter passengers are entitled to these same amounts, provided the disruption was caused by reasons within the airline’s control.

Right to Care on Charter Flights

Passengers on charter flights are fully entitled to the right to care under EU261, just like those on scheduled flights. This means airlines must provide essential assistance when flights are delayed, cancelled, or boarding is denied — typically once the waiting time reaches three hours or more.

The right to care includes meals and refreshments, access to communication (such as phone calls or emails), and, when necessary, hotel accommodation with transport between the airport and the hotel. These services must be provided free of charge.

Importantly, the right to care applies even when compensation is not owed. For example, during delays caused by extraordinary circumstances such as bad weather, airlines are still required to look after passengers.

Overnight delays or cancellations that push travel to the next day trigger the airline’s obligation to provide accommodation and transport.

Common Airline and Tour Operator Excuses

Passengers on charter flights are often told incorrect or misleading information when disruptions occur.

One common myth is that “charter flights aren’t covered by EU261.” This is not true. Charter flights are covered as long as they meet the regulation’s basic conditions.

Another frequent excuse is the misuse of extraordinary circumstances. Airlines may label technical or operational issues as extraordinary to avoid paying compensation, even when the situation does not legally qualify.

Finally, airlines and tour operators may try to shift responsibility between each other, leaving passengers unsure who to contact. While tour operators handle package holiday arrangements, EU261 compensation and care obligations always rest with the operating airline, regardless of how the flight was booked.

Read more: Flight Compensation Claim Rejected: Your Options Explained

Yes, Regulation EU261 applies to charter flights as long as the flight departs from an EU/UK airport or is operated by an EU/UK airline.

Featured photo by Gergely Meszárcsek from Pexels