Passenger rights · EU 261/2004
EU 261 Flight Compensation: How to Claim, Amounts, and Exceptions
Regulation (EC) No 261/2004 entitles air passengers to fixed cash compensation when an EU-related flight is significantly delayed, cancelled at short notice, or overbooked — regardless of what the airline offered as goodwill. Amounts range from €250 to €600 per passenger. This guide walks through exactly when you qualify, what to claim, and what to do when the airline refuses.
What EU 261 actually covers
EU Regulation 261/2004 (full title: Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights) is the strongest passenger-protection law in the world. It applies to:
- Any flight departing from an EU airport, regardless of which airline operates it.
- Any flight arriving at an EU airport, but only if operated by an EU-licensed carrier.
"EU" for the purposes of Regulation 261 includes the 27 Member States plus Iceland, Norway and Switzerland (through EEA / bilateral agreements), and overseas regions of EU states (e.g. the Canary Islands, Madeira, the French overseas departments). The UK adopted the regulation in domestic law after Brexit — see UK 261 below.
The regulation covers three specific scenarios: long delays, cancellations, and denied boarding (overbooking). It also creates a separate, independent right to care — meals, refreshments and accommodation — that applies during any long wait, even when no cash compensation is owed.
Who qualifies (and who doesn't)
Long delays
The text of the regulation only mentions compensation for cancellations, but in Sturgeon v. Condor (Court of Justice of the EU, 2009) the Court ruled that passengers delayed three hours or more on arrival have the same compensation rights as cancelled passengers. The clock measures the difference between the scheduled arrival time and the actual moment a passenger door is opened at the destination — not pushback, not landing.
Cancellations
You're entitled to compensation if the airline cancels your flight less than 14 days before scheduled departure, except when:
- You're notified 7–14 days in advance and offered a re-routing that departs no more than 2 hours earlier and arrives no more than 4 hours later, or
- You're notified less than 7 days in advance and the re-routing departs no more than 1 hour earlier and arrives no more than 2 hours later, or
- The cancellation was caused by extraordinary circumstances (see below).
Denied boarding (overbooking)
If the flight is overbooked and you didn't volunteer to give up your seat, you qualify automatically — there is no "extraordinary circumstances" defence for overbooking. The airline owes you compensation and must rebook you or refund the ticket. If you accepted a voucher to volunteer, you've already waived the cash claim for that flight.
Downgrades
Article 10 of the regulation: if you're moved to a lower cabin class than booked, you're entitled to a reimbursement of 30% (flights up to 1,500 km), 50% (intra-EU flights over 1,500 km or other flights 1,500–3,500 km) or 75% (other flights) of the ticket price for that segment. This is separate from delay/cancellation compensation.
Compensation amounts
The amount is fixed by flight distance — not by ticket price, not by how long you were inconvenienced (above the 3-hour threshold).
| Flight type | Distance | Compensation |
|---|---|---|
| Short-haul | Up to 1,500 km | €250 |
| Medium-haul intra-EU | Over 1,500 km | €400 |
| Medium-haul other | 1,500–3,500 km | €400 |
| Long-haul | Over 3,500 km | €600 |
For long-haul flights, if the airline offered re-routing that arrived within 4 hours of the originally scheduled arrival, the compensation is halved to €300. The distance is measured by great-circle distance to the final destination on a single booking — connecting flights are added together for the purpose of the distance band, but the delay is measured at the final destination.
"Extraordinary circumstances" — the airline's main defence
This is where most disputes happen. The airline can refuse compensation if it can show the delay or cancellation was caused by extraordinary circumstances that could not have been avoided even with all reasonable measures taken. After two decades of case law, what counts is reasonably well established.
Counts as extraordinary (usually no compensation):
- Severe weather genuinely preventing operation (not just — "weather somewhere on the route").
- Air traffic control restrictions imposed for reasons outside the airline's control.
- Political instability, terrorism alerts, or military action.
- Hidden manufacturing defects in aircraft not discoverable through normal maintenance (very narrow — the Court has interpreted this strictly).
- Strikes by airport staff or air traffic controllers that are not the airline's own employees.
- Bird strikes (per Pešková v. Travel Service, C-315/15, 2017), provided the airline did what it reasonably could to minimise the resulting delay.
Does NOT count as extraordinary (compensation owed):
- Technical faults discovered during routine maintenance, even if unexpected (Wallentin-Hermann v. Alitalia, C-549/07, 2008).
- Crew shortages, including illness of regular crew — the airline is expected to have reserves.
- Strikes by the airline's own staff, including pilots and cabin crew (Krusemän v. SAS, C-28/20, 2021).
- Knock-on delays from a previous flight, unless the original cause was itself extraordinary and the airline can show it took reasonable measures to avoid the knock-on impact.
- Aircraft routing problems, late inbound aircraft, or scheduling conflicts.
The airline carries the burden of proof. If they claim "weather" or "technical issue" without specifics, that is not enough — they need to show why it could not have been avoided.
Right to care during long waits
Independent of compensation, Article 9 gives passengers a right to care at the airline's expense once the delay reaches:
- 2 hours for short-haul flights (up to 1,500 km),
- 3 hours for medium-haul (1,500–3,500 km),
- 4 hours for long-haul (over 3,500 km).
The care covers meals and refreshments in reasonable proportion to the waiting time, two free telephone calls or emails, and — if the wait extends overnight or to the next day — hotel accommodation and transport between the airport and the hotel. The right to care applies even when the cause was extraordinary circumstances. If the airline fails to provide it and you buy reasonable food/hotel yourself, you can claim the receipts back.
How to file a claim, step by step
- Collect evidence at the airport. Photograph the departure board showing the delay. Note the scheduled and actual times. Save your boarding pass and booking confirmation. If you talked to staff, get the name.
- Identify the operating carrier. EU 261 obligates the airline that actually flew the flight, not the one whose name is on the ticket. For codeshares this matters — the claim goes to the metal operator.
- Submit the claim directly to the airline first. Most carriers have an online EU 261 claim form. Include the flight number, date, booking reference, passenger names, and bank details (IBAN/BIC for EU bank accounts; check the airline's form for non-EU options).
- State the regulation and amount clearly. Don't write "I want a refund". Write "I am claiming €X under Regulation 261/2004 for [delay/cancellation/denied boarding] on flight [number] on [date]". This shows you know the law.
- Wait the airline's stated processing time, typically 30 to 60 days. If they don't reply within 2 months, treat that as a refusal under most national enforcement bodies' rules.
When the airline refuses to pay
If the airline rejects the claim or doesn't respond, you have three escalation paths.
1. National Enforcement Body (NEB)
Every EU country designates an authority that handles EU 261 complaints. You file with the NEB of the country the flight departed from (or for inbound flights to the EU on an EU carrier, the NEB of the country of arrival). The NEB will investigate and issue an opinion. They cannot force the airline to pay, but a favourable opinion is strong evidence in court and many airlines settle at this stage.
A complete list of NEBs is on the European Commission's passenger-rights portal.
2. Small-claims court
Most EU countries have a low-cost small-claims procedure. For cross-border claims under €5,000 between EU residents and EU companies, the European Small Claims Procedure lets you file in your home country using a standardised form. Decisions are enforceable in any EU country.
3. Chargeback (limited)
If you paid by card and the airline simply failed to deliver the flight (cancellation with no rebooking, no refund), you can attempt a chargeback under your card scheme's rules. Chargeback does not directly recover EU 261 compensation, only the ticket price — but it forces the airline to engage.
UK 261 and other equivalent regimes
After Brexit, the UK retained the regulation as The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019. The amounts are now denominated in GBP (£220, £350, £520 across the three distance bands) and the regime applies to flights departing the UK, or arriving in the UK on a UK or EU airline.
Switzerland has its own bilateral implementation. Iceland and Norway apply the regulation via the EEA agreement.
Outside Europe, comparable but weaker schemes exist: Canada's Air Passenger Protection Regulations (APPR), Brazil's Resolução 400, and proposed US Department of Transportation rules that as of 2026 are still consultative rather than mandatory cash. None of these match EU 261's strict-liability cash compensation for delays.
Should you use a claim agency?
Companies like AirHelp, Bott & Co, and others will file your claim on commission, typically 25–35% of the payout. They're worth considering only if:
- The airline has already refused and you're contemplating court.
- The claim is complex (multi-leg booking, codeshare ambiguity, downgrade plus delay).
- You don't have the time or appetite to handle the NEB process yourself.
For a clean claim — clear delay, single carrier, no extraordinary-circumstances dispute — filing yourself takes about 20 minutes and you keep the full amount. There is no point paying a third of a €600 settlement to fill in a web form that the airline accepts on the first try.