Does EU261 Apply to Charter Flights?
Yes. Charter flights — including TUI, Jet2, and other package holiday carriers — are fully covered by EU261. Your statutory rights as a passenger cannot be waived by a tour operator, and the same compensation amounts apply as to scheduled flights.
Quick answer
EU261 applies to all commercial flights departing from EU/UK airports — including charter flights on package holidays. The same rules apply: 3+ hour arrival delay, cancellation within 14 days, or denied boarding all trigger €250/€400/€600 compensation. Claim from the operating airline, not the tour operator.
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Charter vs Scheduled: Same EU261 Rules
EU Regulation 261/2004 does not distinguish between scheduled and charter flights. Article 3(1) covers all passengers departing from an EU airport on a commercial flight, regardless of how the flight is sold. Whether you bought a seat directly from the airline or as part of a TUI package holiday, the rights are identical.
Charter flights are operated by airlines that specialize in flying holiday passengers — TUI Airways (UK), Jet2.com, Condor (Germany), Neos (Italy), Transavia (France/Netherlands), etc. All of these are EU or UK carriers operating from EU/UK airports, so EU261 applies fully.
Package Holiday + Charter Flight: Two Sets of Rights
If your charter flight is part of a package holiday, you may have two separate sets of rights:
- EU261 rights against the operating airline — for flight delay/cancellation compensation and care (meals, hotel)
- Package Travel Regulations rights against the tour operator — for disruption to the overall package (missed accommodation, excursions, reduced holiday time)
These rights are independent and can be pursued simultaneously. A disrupted package holiday may entitle you to both EU261 compensation from the airline AND a partial refund from the tour operator.
Who to Claim From
For EU261 purposes, you claim from the operating airline. This is the carrier that operated the aircraft — TUI Airways, Jet2, Condor, etc. Your contract for the flight may be with the tour operator (TUI Group, Jet2 Holidays), but the EU261 obligation rests with the operating carrier.
In practice, TUI and Jet2 handle EU261 claims through their customer service departments even for package holiday customers. They are experienced with these claims.
Your Rights Cannot Be Waived
EU261 Article 15 is explicit: any contractual provision that restricts or waives the rights conferred by the regulation is not binding. If a tour operator's terms and conditions purport to limit your EU261 rights — for example, by saying compensation for flight delays is handled through a different scheme — those terms are void.
Frequently Asked Questions
Does EU261 apply to TUI, Jet2 and other package holiday flights?
Yes. EU261 applies to all commercial flights departing from EU and UK airports, including charter flights operated by TUI, Jet2, Tui Airways, Thomas Cook (when it existed), and other package holiday carriers. The fact that the flight is sold as part of a package holiday does not affect EU261 rights. You can claim compensation directly from the operating airline.
I'm on a package holiday and my charter flight was delayed — who do I claim from?
You claim from the operating airline (the charter carrier), not the tour operator. However, if the package holiday was disrupted as a result (missed accommodation, excursions, etc.), you may also have a claim under the Package Travel Regulations against the tour operator. These are separate rights that can be pursued simultaneously.
The tour operator says I have no rights because it's a package holiday — is that correct?
No. EU261 rights cannot be contractually waived by tour operators. Article 15 of EU261 explicitly states that no contractual provision restricting or waiving EU261 rights is binding on the passenger. The tour operator cannot override your statutory rights.
What if the charter airline is no longer operating?
If the charter airline has gone into administration (e.g., Monarch Airlines, Thomas Cook Airlines), your ability to claim EU261 compensation from the airline is severely limited — you'd be an unsecured creditor. However, if the flight was part of an ATOL-protected package, the CAA ATOL scheme covers repatriation costs. EU261 compensation is a separate right that may not be recoverable from an insolvent carrier.
Do charter flights have to follow the same EU261 rules as scheduled flights?
Yes. EU261 makes no distinction between scheduled and charter flights. All commercial air passenger services from EU airports are covered. The same thresholds (3+ hours arrival delay, cancellation with less than 14 days notice, denied boarding), the same compensation amounts (€250/€400/€600) and the same extraordinary circumstances rules apply.
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