Flight Delay Compensation: Your Rights Under EU261

A three-hour delay at the airport is more than an inconvenience — under EU Regulation 261/2004 (commonly known as EU261), it may entitle you to compensation of up to 600. This guide explains exactly what you’re entitled to, which flights qualify, and how to claim from airlines that would rather you didn’t.

What Is EU Regulation 261/2004?

EU261 is a regulation that establishes common rules on compensation and assistance for passengers in the event of denied boarding, flight cancellation, or long delay. It applies across all EU and EEA states, plus the UK (which retained the regulation post-Brexit), Iceland, Norway, and Switzerland.

The regulation places the responsibility on airlines — not passengers — to prove that disruptions were caused by extraordinary circumstances beyond their control.

Which Flights Are Covered?

Coverage depends on the airline and the route:

In practice: If you fly from London to New York on Delta, you are covered. If you fly from New York to London on Delta, you are not. If you fly from Paris to New York on British Airways, you are covered.

Airlines Commonly Covered

• UK: British Airways, EasyJet, Jet2, Ryanair, TUI, Virgin Atlantic
• EU: Lufthansa, KLM, Air France, Iberia, Ryanair, Wizz Air, SAS, Finnair
• Non-EU flying from EU airports: Emirates, Qatar Airways, United, Delta, American Airlines

How Much Can You Claim?

Compensation is fixed by distance:

These amounts are set in euros. If your airline pays in GBP, expect roughly 215, 340, or 510 depending on the exchange rate at the time.

When the Amount Is Reduced

If the airline offers you an alternative route and the arrival time is reduced, the compensation may be halved:

• Under 1,500 km: 250 reduced to 125
• 1,500-3,500 km: 400 reduced to 200
• Over 3,500 km: 600 reduced to 300

This only applies if the airline rebooked you and you arrived within certain timeframes — not if you were left stranded.

When Are You Entitled to Compensation?

You are entitled to compensation if your flight arrives 3 or more hours late at your final destination. The key measurement is arrival time at the gate, not the time the wheels touched down.

Delay Thresholds

Cancellation vs Delay

A cancelled flight that departs more than 14 days after the original date triggers compensation. A cancellation on the day of travel is treated as a delay of the original flight time.

What Counts as “Extraordinary Circumstances”?

Airlines can avoid paying compensation only if they can prove the disruption was caused by extraordinary circumstances — events that were genuinely beyond their control and could not have been avoided even with all reasonable measures.

Extraordinary Circumstances (Airline Does NOT Pay)

• Severe weather (not routine bad weather)
• Air traffic control restrictions
• Security risks or political instability
• Bird strikes
• Hidden manufacturing defects (not known at the time)
• Staff strikes involving air traffic controllers (not airline staff strikes)

NOT Extraordinary Circumstances (Airline MUST Pay)

• Technical faults or mechanical issues
• Airline staff shortages
• Crew scheduling problems
• Airline staff strikes (this was clarified in the landmark Wallentin-Hermann ruling)
• Previous delays on the same aircraft
• Overbooked flights

Key point: The airline must prove extraordinary circumstances. You do not need to prove it wasn’t extraordinary — the burden is on them.

Real-World Examples

EasyJet, London Gatwick to Barcelona — Technical fault. A hydraulic leak delayed the flight by 5 hours. EasyJet argued this was extraordinary. The passenger claimed and won 400 after EasyJet could not prove the fault was beyond their control.

Ryanair, Dublin to Milan — Staff strike. Ryanair crew members went on strike, cancelling 400 flights. Ryanair initially refused compensation, claiming the strike was extraordinary. European courts ruled airline staff strikes are NOT extraordinary circumstances. Passengers were entitled to compensation.

British Airways, Heathrow to New York — Heathrow air traffic control strike. A French air traffic controllers’ strike caused widespread delays at Heathrow. This WAS deemed extraordinary — BA was not required to pay compensation, though it still had to provide care and assistance.

Care and Assistance During Delays

Even when extraordinary circumstances apply, airlines must provide care and assistance. This is separate from compensation:

• 2+ hours for short-haul flights: Meals, drinks, two phone calls or emails
• 3+ hours for medium-haul flights: Meals, drinks, hotel accommodation if overnight, transport to hotel
• 4+ hours for long-hour flights: Same as medium-haul plus hotel, meals, transport

What Airlines Must Provide

If the airline refuses to provide care: Pay for your own meals, hotel, and transport. Keep all receipts. You can claim these back from the airline — they are legally obligated to reimburse reasonable expenses.

The Claim Process

Step 1: Complain to the Airline

Contact the airline directly. You can use their online complaints form, email, or postal address. State the facts clearly and cite EU261.

Template email:

Dear [Airline] Customer Service,

I am writing to claim compensation under EU Regulation 261/2004 for flight [number] on [date] from [departure] to [arrival].

The flight arrived [X] hours and [Y] minutes late at the final destination. This delay exceeds the 3-hour threshold under Article 7 of the regulation.

I am entitled to compensation of [250/400/600] per passenger. I request payment to [bank account / PayPal].

Please respond within 28 days. If I do not receive a satisfactory response, I will escalate this matter to the relevant enforcement body.

[Your name, booking reference, flight details]

Step 2: Escalate to an Enforcement Body

If the airline rejects your claim or doesn’t respond within 28 days:

• UK: Civil Aviation Authority (CAA) or Centre for Effective Dispute Resolution (CEDR)
• EU: National Enforcement Body (NEB) in the country where the disruption occurred
• Alternative Dispute Resolution (ADR): Many airlines use CEDR — check your airline’s website

Step 3: Small Claims Court

If ADR fails, you can take the airline to small claims court (called the “Money Claim Online” service in England and Wales, or “Simple Procedure” in Scotland).

• No lawyer needed for claims under 10,000
• Court fee: 35-115 depending on claim amount
• Success rate: Over 70% for EU261 claims where evidence is clear

Typical Claim Timeline

Total from start to finish: 2-8 months depending on whether the airline cooperates.

Time Limits for Claiming

The UK’s 6-year limit is the most generous in Europe — this is why many claims companies focus on UK flights.

Claims Companies vs DIY

You can do it yourself or use a claims management company. Here’s how they compare:

Popular claims companies: AirHelp, Flightright, ClaimCompass, Resolver (free tool, not a claims company).

When to Use a Claims Company

• You don’t want to deal with paperwork
• The airline keeps rejecting your claim
• You want to avoid going to court
• You’re claiming for multiple passengers

When to Do It Yourself

• The airline initially rejected but you have strong evidence
• You’re comfortable writing formal letters
• You want to keep the full compensation amount
• You’re claiming under 500 (the court fee is minimal)

How to Improve Your Claim Success

1. Keep all documents: Booking confirmation, boarding pass, delay notifications, receipts for expenses
2. Screenshot everything: Airport departure boards showing delay, airline app notifications
3. Note the arrival time: The time you actually arrived at the gate matters, not the scheduled time
4. Check the reason: If the airline says “technical issue” or “crew shortage,” that is NOT extraordinary
5. Be persistent: Airlines often reject first-time claims hoping you’ll give up
6. Act within time limits: Don’t wait years — claim as soon as possible

Common Airline Tactics to Avoid Paying

• Claiming weather was extraordinary: Routine turbulence or rain is not extraordinary
• Offering vouchers instead of cash: You’re entitled to cash. Vouchers are optional
• Blaming “air traffic control”: Only specific ATC strikes count, not general congestion
• Dragging out the process: Airlines know delays make passengers give up
• Citing old terms and conditions: EU261 cannot be waived by contract

Frequently Asked Questions

Can I claim if I took an alternative flight? Yes, you can still claim compensation for the original delay even if you were rebooked.

Can I claim if I got a refund? Yes, compensation is separate from refunds. Getting a refund doesn’t waive your right to compensation.

Can I claim for a flight I didn’t take? Generally no — you need to have been booked on the flight. But if you were denied boarding involuntarily, you may be entitled to compensation plus a refund.

Do I need travel insurance first? No, EU261 compensation is separate from travel insurance claims.

Can the airline pay in vouchers? They can offer vouchers, but you’re entitled to cash. You are not required to accept vouchers.

Summary

• EU261 gives you fixed compensation for delays of 3+ hours: 250, 400, or 600 based on distance
• The airline must prove extraordinary circumstances — the burden is on them
• Complain to the airline first, then escalate to CEDR or the courts
• The UK has a 6-year time limit — one of the longest in Europe
• DIY claims are free and effective; claims companies take 25-35% but handle everything
• Keep all evidence: boarding passes, delay notifications, receipts