Compensation Rules and Guide to Making Claims 2024

Even the best-planned trips can be disrupted by flight delays, cancellations and denied boarding. But if this happens to you on a European trip, we have good news! The European Union (EU) rules and regulations on flight delays put the welfare of passengers first and offer compensation in addition to care and support from airlines. So passengers flying to or from the EU may be entitled to financial compensation, depending on the flight distance and the cause of the disruption. Airlines are also obliged to provide you with food, drinks and, in certain cases, accommodation during long delays or cancellations.

Not sure if you can claim compensation? We’re here to help! This guide breaks down EU rules on flight delays and cancellations and helps you claim what you’re rightfully entitled to.

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EU rules on flight delays and cancellations

When travelling within the EU, passenger protection rules set out in EU Regulation 261/2004 apply. This regulation sets out rules that an airline must follow to manage situations involving flight delays and cancellations, including passenger compensation claims.

Breakdown of the main provisions of EU Regulation 261/2004

• Passengers on flights delayed by more than three hours are entitled to compensation.
• If flights are delayed by more than five hours, passengers are entitled to a full refund of the ticket price within seven days.
• If your flight is delayed by more than 24 hours, you are entitled to accommodation and transport from the airport to the hotel.
• Airlines must compensate passengers for flight cancellations reported less than 14 days in advance.
• Cases of involuntary non-transportation also entitle you to compensation.
• In the event of flight delays or cancellations, passengers must be provided with care and assistance.
• Airlines must clearly inform passengers of their rights at check-in by providing legible notices about delays and cancellations.
• The number of denied boarding cases should be reduced by the airline by asking volunteers to give up their reservations.
• These volunteers and passengers denied boarding should be offered a refund or the opportunity to board a later flight under satisfactory conditions.
• If a flight is cancelled, passengers have the right to choose between rebooking, a refund or a reimbursement.
• Airlines do not have to pay compensation if they can prove that the delay or cancellation was due to “extraordinary circumstances”, such as a terrorist attack, weather disruptions, political unrest, natural disasters or a labour strike that has nothing to do with the airline.

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Right to compensation for flight delays in the EU

Who is eligible

• All passengers arriving at or departing from an EU airport (including Iceland, Norway and Switzerland).
• Passengers flying from outside the Union to the EU on a flight operated by an EU airline.
• Passengers travelling within the EU on flights operated by EU or non-EU airlines.
• If you were notified of your flight cancellation 14 days in advance, passengers are not entitled to compensation.
• Passengers are not entitled to compensation if the flight cancellation is communicated by the airline seven days before the event and the passenger can therefore take another flight one hour before the originally scheduled departure time or reach the destination less than two hours after the scheduled arrival time.
• Passengers are not entitled to compensation if they were informed of the cancellation by the airline between two weeks and seven days before departure and the passenger chose a rerouting option offered that would have allowed departure no more than two hours before the originally scheduled departure time and arrival at the destination less than four hours after the scheduled arrival time.

Compensation claim: denied boarding, flight delays of more than 3 hours and cancellations

• Passengers on flights under 1,500 km are entitled to 250 EUR (270 USD).
• Passengers on flights within the EU of less than 1,500 km are entitled to EUR 400 (USD 433).
• Passengers on flights within and from the EU within a radius of 1,500 to 3,500 km are entitled to EUR 400 (USD 433).
• Passengers on flights to or from the EU over 3,500 km are entitled to EUR 600 (USD 649).

How to claim compensation for a cancelled EU flight

The first step to claim compensation for a delayed or cancelled flight is to complain to the airline and fill in their compensation form. You can then wait for a response from the airline. In case the airline does not respond or you are dissatisfied with the response given, you can complain to the national enforcement body of the EU country where you are affected.

If you are an EU citizen, you can also lodge a complaint with the Alternative Dispute Resolution Body or the Online Dispute Resolution Platform.

If none of the above measures are successful, the only option left is to bring the matter before the courts under the European Small Claims Procedure.

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Flight delayed or cancelled? Important tips

• In case of a flight delay or cancellation, be attentive and ask for details to better understand the rules and your rights under EU regulations.
• Ask the staff why there is a delay and keep an eye on the waiting time.
• Passengers are entitled to free drinks and food.
• After the flight takes off, make a note of the length of the delay so that you can easily claim compensation.
• Submit your compensation claim as soon as possible, preferably on the same day.
• Try to get the airline’s reasons for denying your claim in writing so you can refer to them later.
• If you are offered alternative transport and accept it, but reach your final destination with a delay of up to four hours, your compensation may be reduced by 50 percent.

(Image credit: Ekaterina Pokrovsky/Shutterstock)

Related: What to do if your flight is diverted – including how to claim compensation

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The information in this article is correct as of the date of publication.
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