Understanding your Rights to EU 261 Compensation
Was your European flight delayed, canceled, or overbooked? If so, you could be entitled to compensation under EU Regulation 261/2004 (EC 261).
Many passengers miss out simply because they’re unaware of their rights. Here’s how you can claim what you deserve.
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However, many travelers are unaware of their EU passenger rights and miss out on claims to which they are entitled.
This article will explain your rights under EU 261, how much EU flight compensation you can claim, and how to file an EU 261 compensation claim for disruptions caused by airlines.
What is EU 261, and Why Does It Matter?
Air travel disruptions that result in delays, cancellations, and overbookings often inconvenience passengers. To address these problems, the European Union established EU Regulation 261/2004, referred to as EU 261. This rule (EC 261) establishes certain passenger rights and compensation during flight disruptions.
Brief History and Purpose of EU Regulation 261/2004
The EU 261 rule was introduced by the European Union (EU) in February 2004 to establish a set of conditions guaranteeing that passenger rights are uniform across all European nations. It was implemented to hold airlines accountable for missing flights, cancellations, and boarding denials due to overbooked flights. Under the regulation, EU air travel compensation was introduced to improve passenger comfort and hold airlines accountable if their service is disrupted.
Overview of Passenger Rights Under EU 261
Under EU 261, air passengers are entitled to compensation when their flights are:
- Delayed (for a certain duration based on flight distance).
- Cancelled (unless notified well in advance).
- Denied boarding due to overbooking flight.
Depending on how long the delay lasted and how far the flight was, compensation can range from €250 to €600. In addition, travelers are entitled to:
- Food and refreshments during long delays.
- Hotel accommodation if necessary.
- Alternative flights or ticket refunds are available if their flight is canceled.
- Financial compensation for significant disruptions.
Why is EU 261 Important for Air Travelers?
- Many travelers don’t realize their rights when flights are canceled, delayed, or overbooked. EU 261 guarantees:
- Passengers are appropriately compensated for travel disruption.
- Aircraft follow standardized rules, not ad hoc remedies.
- Travelers may not struggle to receive refunds, rebooking, or cash compensation.
Understanding EU flight compensation rules can help travelers maximize their claims and ensure they receive the benefits they are legally entitled to.
When Does EU 261 Apply?
EU Regulation 261/2004 applies to air passengers affected by flight disruptions under specific conditions. Not all flights qualify for compensation, and eligibility depends on factors such as departure location, airline nationality, and passenger status. Understanding these criteria helps passengers know when to claim EU flight compensation for delays, cancellations, or denied boarding.
Which Flights Are Covered?
For a flight to be covered under EU 261, it must meet at least one of these conditions:
| Flight Route | Airline Type | Covered by EU 261? |
| Departing from an EU airport | Any airline (EU or non-EU) | ✅ Yes |
| Arriving in the EU on an EU airline | EU airline | ✅ Yes |
| Arriving in the EU on a non-EU airline | Non-EU airline | ❌ No |
- Flights departing from the EU are covered regardless of the airline.
- Flights arriving in the EU are only covered if operated by an EU-based airline.
- Flights outside the EU (e.g., a flight from the US to Canada) are not covered under EU 261.
Which Airlines Are Covered Under EU 261?
The applicability of EU 261 flight compensation depends on whether the airline is EU-based or not:
- EU airlines – Airlines registered in the European Union (EU), Iceland, Norway, or Switzerland must comply with EU 261 rules for departing and arriving flights.
- Non-EU airlines – Only covered if the flight departs from the EU.
- Non-EU airlines with flights arriving in the EU are not covered unless the delay or cancellation occurred during the EU leg of a connecting flight booked under a single reservation.
Who is Eligible for EU 261 Compensation?
To claim EU flight compensation, a passenger must meet the following criteria:
- Hold a valid flight ticket and booking confirmation – Passengers traveling with confirmed reservations are eligible.
- Check-in on time – Typically, passengers must arrive at check-in at least 45 minutes before departure unless otherwise stated by the airline.
- Travelling for business or personal reasons – Both business travelers and tourists are covered. Compensation is paid to the passenger, not the company that booked the ticket.
- Infants with paid tickets – If a child has their own paid seat, they may also be eligible for compensation.
Understanding these conditions helps passengers determine their rights and claim EU 261 compensation when eligible.
What Compensation Can You Claim for Flight Disruptions?
Under EU Regulation 261/2004 (EC 261), passengers are entitled to reimbursement for flight delays, cancellations, overbookings, and missing connections. The amount depends on flight distance, delay duration, and the cause of disruption.
Rights for Flight Delay
- 2+ Hours: Airlines must provide meals, refreshments, and access to communication.
- 3+ Hours: Eligible for EU flight delay compensation if the arrival delay exceeds three hours.
- 5+ Hours: Passengers can request a full refund if they choose not to travel, along with hotel accommodation for overnight delays.
Rights for Flight Cancellations
- Less than 14 Days Before Departure: EU flight cancellation compensation applies unless the airline provides extraordinary circumstances.
- 7 to 14 Days Before Departure: Compensation is granted if the new flight departs more than two hours earlier or arrives four hours later.
- More than 14 Days Before Departure: No compensation applies.
Overbooking
- Right to Reimbursement or Re-routing: Passengers can request a full refund or rebooking to their final destination.
- Right to Care: Airlines must provide meals, refreshments, and accommodation if an overnight stay is needed.
Missed Connections and EU 261 Claims
Passengers are eligible for EU 261 compensation if a missed connection causes them to arrive at their final destination more than three hours later than originally planned, provided:
- The entire journey is booked under one reservation
- The missed connection occurred due to a delay or cancellation of a prior flight
Compensation is based on the overall distance of the trip, not the one leg you didn’t get to board.
What If My Flight Is Rescheduled for an Earlier Time?
If an airline reschedules a flight to leave much earlier than originally scheduled, that counts as a schedule change, and passengers might be entitled to compensation if:
- The flight departs over 1 hour earlier than scheduled
- The airline was not given adequate notice.
In such cases, passengers can claim compensation if the flight was canceled and rebooked under short-notice conditions.
How Much Compensation Can You Get Under EU 261?
The EU Regulation 261/2004 (EC 261) outlines compensation amounts for flight delays, cancellations, and denied boarding based on the flight’s distance and the delay’s length. If their flight meets the eligibility criteria, passengers can claim up to €600.
Compensation Breakdown Based on Flight Distance
| Flight Distance | Arrival Delay | Compensation (€) |
| Up to 1,500 km | 3+ hours | €250 |
| 1,500 km – 3,500 km | 3+ hours | €400 |
| Over 3,500 km (EU to non-EU flight) | 3–4 hours | €300 |
| Over 3,500 km (EU to non-EU flight) | 4+ hours | €600 |
How Much Compensation Can You Receive with a Claim Company?
Your EC 261 compensation claim payment depends on your chosen claim service.
ClaimFlights guarantees passengers 75% of their EU 261 compensation, offering a higher payout than many competitors. Other claim companies provide between 50% and 75%, with some charging higher fees for processing claims.
Below is a comparison of receivable payouts from different EU flight compensation companies:
Receivable Payouts from Various EU Claim Companies
| Flight Distance | Up to 1500 km | 1501 to 3500 km | Over 3500 km |
| ClaimFlights | 187.50 € | 300 € | 450 € |
| Flightright | 125.75 € | 201.20 € | 301.80 € |
| AirHelp | 125 € | 200 € | 300 € |
| ClaimCompass | 125 € | 200 € | 300 € |
| SkyRefund | 125 € | 200 € | 300 € |
Source: Price comparison of flight delay claim companies, as of 8th August 2023.
What Extra Services Are Airlines Required to Provide?
Under EU Regulation 261/2004 (EC 261), passengers are entitled to financial compensation for flight disruptions and essential services to minimize inconvenience during long delays, cancellations, or overbookings. This is called the Right to Care because airlines must care for their passengers if they get stranded at the airport.
Long Delays: Free Meals, Hotel Stays, and Airport Transfers
Under the law, airlines must provide free help to affected travelers if a flight’s delay exceeds a certain time. This includes:
- Meals and refreshments – Provided for delays of 2+ hours based on flight distance.
- Access to communication – Airlines must offer free phone calls, emails, or faxes so passengers can update their plans.
- Hotel accommodation – If the delay extends overnight, airlines must arrange a hotel stay at no cost to the passenger.
- Airport transfers – Free transport between the airport and the hotel must be provided.
| Flight Distance | Delay Duration for Right to Care |
| Up to 1,500 km | 2+ hours |
| 1,500 km – 3,500 km | 3+ hours |
| Over 3,500 km | 4+ hours |
Even if the delay is due to extraordinary circumstances (e.g., bad weather, strikes, or security issues), the airline must still provide these services to passengers.
The “Right to Care” – How Airlines Must Assist Passengers
A passenger’s Right to Care requires the airline to do the following if they are stuck at the airport because of delays, cancellations, or overbooking:
- Provide food and drinks proportional to the delay.
- Offer accommodation and transport if necessary.
- Give the option for a refund or an alternative flight if the delay exceeds 5 hours.
What If an Airline Fails to Provide These Services?
If an airline does not offer meals, accommodation, or transport, passengers can arrange reasonable expenses and claim reimbursement later. Always submit all receipts for reimbursement for meals, hotels, and transport costs.
Knowing your rights can ensure the airline fulfills its obligations, and ClaimFlights can help you get the compensation you deserve!
Exceptions – When Airlines Do Not Have to Pay
While EU Regulation 261/2004 (EC 261) grants passengers the right to compensation for flight delays, cancellations, and denied boarding, airlines are not legally required to pay compensation in certain situations. These cases are classified as extraordinary circumstances and events beyond the airline’s control.
What Are “Extraordinary Circumstances”?
The airline is not required to offer financial compensation if a flight disruption results from extraordinary circumstances. These unexpected events, which are out of the airline’s control, include:
-
- Severe Weather Conditions
- Heavy storms, snowstorms, hurricanes, or fog affect flight safety.
- Extreme turbulence forcing route changes or landings.
- Strikes and Industrial Action
- Air traffic control (ATC) strikes – If strikes by ATC staff cause flight delays or cancellations, airlines are not responsible.
- Airport staff strikes – If baggage handlers, security, or ground crew go on strike, the airline is not responsible for the situation.
- Depending on the case, airline staff strikes (e.g., pilots or cabin crew strikes) may still make the airline liable for compensation.
- Air Traffic Control Restrictions
- Airspace congestion or government-imposed air traffic restrictions.
- Flight bans due to political instability or war.
- Security Risks & Safety Concerns
- Terror threats or emergency landings.
- Sudden airport shutdowns due to safety alerts.
- Severe Weather Conditions
When is a Delay or Cancellation the Airline’s Fault?
If a flight is delayed or canceled due to issues within the airline’s control, passengers are eligible for compensation under EC 261 regulation. These include:
-
- Technical Issues
- Mechanical failures that should have been prevented with routine maintenance.
- Aircraft replacement delays caused by operational inefficiencies.
Note: Airlines often claim technical issues as extraordinary circumstances, but passengers are still eligible for compensation unless it’s a hidden manufacturing defect.)
- Crew Shortages & Operational Failures
- Pilot or crew scheduling mistakes causing delays.
- Flight crew exceeding their legal working hours due to mismanagement.
- Insufficient standby crew availability leads to last-minute cancellations.
Under EU 261, you are entitled to up to €600 in compensation if airline mismanagement caused your flight to be delayed or canceled. ClaimFlights makes it simple to submit a claim and get the most compensation possible!
- Technical Issues
Can US or American Air Passengers Benefit from EU 261
Many US travelers assume that EU flight compensation laws do not apply to them. However, under EU Regulation 261/2004 (EC 261), passengers flying to or from the European Union may be entitled to compensation of up to €600 if their flight is delayed, canceled, or overbooked.
Do US Flights Qualify?
Whether a US-based passenger can claim EU 261 compensation depends on:
- Flights departing from the EU – If a flight leaves from an EU country, it is covered by EU 261, regardless of the airline.
- Flights arriving in the EU on an EU Airline – If a flight lands in the EU and is operated by an EU-based airline, it is also covered.
- Flights from the US to the EU on a US airline – Not covered under EU 261.
| Flight Route | Airline Type | EU 261 Coverage? |
| New York → London | British Airways (EU airline) | ✅ Yes |
| New York → Paris | American Airlines (US airline) | ❌ No |
| Paris → New York | Delta Airlines (US airline) | ✅ Yes |
Real-Life EU 261 Compensation Case: How a Passenger Won with ClaimFlights
A passenger flying from Frankfurt (FRA) to New York (JFK) experienced a 5-hour delay, but the airline refused compensation, citing “operational issues.” Frustrated, the passenger turned to ClaimFlights for help.
ClaimFlights assessed the case, confirmed eligibility for €600 under EU 261, and gathered the necessary documents. When the airline continued to deny the claim, ClaimFlights took legal action. The court ruled in the passenger’s favor, forcing the airline to pay full compensation.
The passenger praised ClaimFlights for their efficiency:
“Jimmy Hannigan
Great service provided
I was unable to contact the relevant department at the airline myself but claim flights did it for me and secured my compensation for me”
If you’ve faced a delayed, canceled, or overbooked flight, ClaimFlights can help you claim up to €600 hassle-free. Check your eligibility now at ClaimFlights.com.
How to Claim EU 261 Compensation Successfully
If your flight was delayed, cancellations, or overbooked, you may be entitled to compensation under EU Regulation 261/2004 (EC 261). However, claiming compensation can be challenging as airlines often try to deny or delay payouts. Following these steps ensures a successful compensation claim.
Here’s a step-by-step guide to help you claim what you’re owed:
- Gather Flight Details: Collect all relevant information about your flight, such as the flight number, departure and arrival airports, and flight dates.
- Calculate Your Compensation: Use a flight compensation calculator to determine the amount you can claim under the EC 261 Regulation.
- File Your Claim: Submit a claim for your delayed, canceled, or overbooked flight. Ensure you provide all necessary documentation, such as tickets and boarding passes.
- Await the Airline’s Response: The airline has 30 days to respond to your claim. Be patient and keep track of any communications.
- Receive Your Compensation: If your claim is approved, you should receive your compensation promptly.
Remember: Compensation rights under EC 261 apply to all flights departing from EU airports, as well as flights from non-EU airports landing at EU airports operated by EU airlines. If you experience any disruption during your flight, verify your eligibility for compensation immediately!
Frequently Asked Questions (FAQ)
Can I Get Compensation If My Flight Is Delayed Due To Bad Weather?
No. Bad weather is considered an extraordinary circumstance under EU 261, meaning airlines are not obligated to pay compensation. However, the airline must provide food, drinks, and hotel accommodation if necessary.
What Is The IATA Regulation 261?
There is no specific IATA Regulation 261; however, EU Regulation 261/2004 (EC 261) is an official European Commission regulation that protects passenger rights in flight delays, cancellations, and denied boarding. While IATA (International Air Transport Association) oversees global airline standards, EC 261 is legally binding for airlines operating within the EU.
Are Non-EU Airlines Covered Under EU 261?
Non-EU airlines are only covered when departing from an EU airport. If you are flying to the EU on a non-EU airline, EU 261 does not apply unless the delay occurs within the EU on a connecting flight operated by an EU airline.
- Covered: New York → Paris (KLM – EU airline)
- Not Covered: New York → Frankfurt (Delta Airlines – non-EU airline
What Are The Conditions For Compensation In Eu261?
To qualify for EU 261 compensation, your flight must:
- Depart from an EU airport (any airline) or arrive in the EU on an EU airline.
- Be delayed by 3+ hours upon arrival for reasons within the airline’s control.
- Be canceled less than 14 days before departure with no suitable alternative offered.
- Involuntarily denied boarding due to overbooking.
What Is European Commission Regulation 261?
European Commission Regulation 261/2004 (EC 261) is an EU law that protects air passengers’ rights when flights are delayed, canceled, or overbooked. It mandates compensation of up to €600 per passenger based on flight distance and delay duration.
Who Pays For A Hotel If A Flight Is Canceled?
If a flight is canceled or delayed overnight, the airline must cover hotel costs, airport transfers, and meals under the Right to Care provision of EU 261. Passengers should keep receipts in case they need to request reimbursement.
What Happens If An Airline Doesn’t Pay Compensation?
If an airline refuses to pay despite meeting EU 261 criteria, you can:
- File a legal complaint with national enforcement bodies.
- Use a claims service like ClaimFlights to handle the case.
- Take legal action if the airline continues to ignore the request.
Airlines often deny claims unfairly. ClaimFlights helps passengers fight back and secure compensation quickly and hassle-free.
Esenia Ulbrich
Founder & Legal Head
Esenia Ulbrich is the founder of ClaimFlights and heads the legal team. She holds a master's in business administration and loves sailing in the Saronic Gulf, hiking in the Alpes, and spending time with her daughter.