Can babies get flight compensation?

When traveling with a baby, there may not be a shipping charge for it. Passengers’ rights to claim flight compensation in the European Union apply if:

– the flight is operated in the EU by an EU or non-EU airline.

– if the flight arrives in the EU outside the EU and is operated by an EU airline.

– if the flight leaves the EU to a third country operated by an EU airline or non-EU airline.

– if you have not already received benefits (compensation, redirect, airline assistance) for flight issues for this trip, in accordance with the relevant third country law.

The European Union means the 28 member countries, including Guadeloupe, French Guyana, Martinique, Reunion Island, Mayotte, Saint-Martin (French Antilles), the Azores, Madeira and the Canary Islands as well as Iceland, Norway and Switzerland. Does not include the Faroe Islands, Man Island and Canal Islands.

Babies are not mentioned in Regulation 261/2004 – only art. 3 par. (3) refers to the rights of infants (passengers traveling for free or at low rates which are not directly or indirectly available to the public). “This Regulation may not apply to passengers traveling free of charge or at a reduced rate which is not available directly or indirectly to the public. However, this Regulation shall apply to passengers holding tickets issued by an air carrier or tour operator under a customer loyalty program or other commercial program.

The free travel facility applies only to babies who do not occupy a seat on a chair but are kept in the arms of one of the parents.

Therefore, babies are not free to get a flight compensation, even if there is an extra charge for them. Airline companies categorize this tax in the administrative charge category, not the travel, so they will be absolved of a possible compensation.

However, if the charge imposed by the airline for the baby’s travel is quite high and the flight was canceled, in case of refusal to compensate, it is possible to appeal the court decision in order to determine precisely whether the baby was or was not eligible compensation.