EU 261 Compensation: A Simple Guide to EU Regulation 261/2004 and Your Flight Compensation Rights

What is EU Regulation 261/2004?

Regulation EC 261/2004 is a set of rules that protects air passenger rights. It went into practice on 17 February 2005 and protects you when your flight has been delayed or cancelled, or when you’ve been denied boarding because of overbooking.

These rules protect air passengers' rights and incentivize airlines to provide more on-time service. 

A study (Gnutzmann, H., & Spiewanowski, P. (2023)) found that EC261 had a positive effect on arrival and departure delays as well as overall punctuality by reducing delays by an average of 4.92 minutes.

Which countries are covered

The rules of EU261 apply to all 27 states of the European Union as well as to several other countries and territories including the following.

Does EU261 still apply to UK flights after Brexit?

The same law used to apply in the UK, but it has changed since Brexit. Passengers travelling from the UK or with a UK airline are now protected by the UK261 law. It guarantees the same rights as its European Union counterpart.

Who is protected by Regulation EC 261/2004

The rights provided by EU261 are not limited to European passengers. Anyone who flies with a European airline within the EU or departs from a European airport with other airlines is protected as long as the following criteria are met.

• Your flight was departing from an EU airport or a European Economic Area (EU/EEA) or

• Your flight arrived at an EU airport on an EU-based airline and

• You have a valid airline ticket

Where you bought the ticket doesn't matter: what counts is where the flight departed and who operated it.

 - Anton Radchenko, Founder & CEO, AirAdvisor.

Note: Passengers with free or discounted fare tickets unavailable to the general public are not eligible for EU261 compensation.

Flights covered by European law

Expert tip: EU261 applies to both full-service and low-cost air carriers. For example, here’s how to make a Ryanair compensation claim.

How codeshare flights are protected

A codeshare is an agreement between 2 airlines where each carrier will sell seats for the other. This means that you might buy a ticket with Air France, but the flight will be operated by SAS.

When you have delays or other flight interruptions, the airline responsible will be the one that operated the interrupted flight. 

Passenger rights for flight delays

Flight delays are probably the most common flight disruption that you will encounter. Under the rules of EU 261, you are entitled to the following for delays.

• Right to care: Once your departure is delayed by 2 hours (flights under 1,500 km), 3 hours (1,500-3,500 km) or 4 hours (longer flights), the airline must give you meals and drinks (Article 6 of Regulation 261/2004). Hotel accommodation and transport are also possible for overnight delays. For flights from 23 October 2027, the 3 distance-based hour thresholds will be replaced by Articles 6a and 9, which state that passengers get refreshments every 2 hours and a meal after 3 hours, regardless of flight distance.

• Right to reimbursement: If your flight disruption results in any out-of-pocket expenses, then you have a right to be reimbursed by the airline.

• Right to cash compensation: For a delay of 3 hours or more when the airline is to blame for the disruption.

• Right to a refund: If your flight delay lasts 5 hours or longer, then you have the right to a full refund for the unused part of your ticket and a refund for the used parts of your ticket if they don’t serve a purpose in relation to your original travel plans. You're also entitled to a free return flight to your original departure airport.

Important: Refunds must be given to you within 7 days of your flight.

EU261 compensation table for delays

Compensation for flight delays

According to EU passenger rights regulations, you are entitled to cash compensation of €250 to €600, depending on:

1. The total distance of your flight,

2. The length of time you’re delayed, and

3. Whether or not the airline can be blamed for the delay

*Flights within the EU longer than 1,500 km are paid at €400 (Article 7(1)(b) of Regulation 261/2004). On non-EU flights over 3,500 km, the airline may cut the €600 by half, to €300, if the alternative flight it offers gets you there 3 to 4 hours late (Article 7(2)(c)). 

If your flight was delayed, cancelled, or overbooked within the last 6 years, you could be eligible for up to €600 in compensation.Check Your Flight

EU261 reform 2026: what changes in October 2027?

Regulation (EU) 2026/2202 doesn’t apply to your passenger rights until 23 October 2027. The main changes relate to the claims process, claim time limits, airline response times, and the assistance airlines must provide after a disruption.

What stays the same is your right to compensation, the 3-hour delay threshold upon arrival, and the compensation amounts (€250/€400/€600).

The amended regulation also introduces new rules covering refunds, seating for children, hand baggage, boarding passes, and other passenger protections.

Which rules apply to my flight?

For now, passengers should continue to use the current EU261 rules. Regulation (EU) 2026/2202 does not apply until 23 October 2027.

• Flights before 23 October 2027: Current EU261 rules continue to govern claims being made before the new rules apply. National time limits for claims apply.

• Flights on or after 23 October 2027: The amended (EU) 2026/2202 rules apply. Most importantly, the time limit changes from the national one to 9 months for all flights. This is separate from the limitation periods that may apply should legal action be needed. 

• Flights before 23 October 2027 claimed after that date: Regulation (EU) 2026/2202 doesn’t specifically address how the new rules apply to older flights where a claim is submitted after 23 October 2027. The wording of the new deadlines suggests that the flight date will determine which regime applies, but it’s not expressly stated. Therefore, passengers with older claims should avoid waiting until the changeover date to submit.

How the rules apply to flight cancellations

If a covered flight is cancelled, passengers must be offered a choice between reimbursement and rerouting. Depending on when the cancellation was announced and its cause, they may also be entitled to flight cancellation compensation.

The rebooked flight offered by the airline must depart at the earliest opportunity, and if you must wait 2 or more hours for the new flight to depart, then you are entitled to the same care and assistance we mentioned above.

If the flight(s) they offer don’t work for you, you can also choose a booking that meets your needs.

How much you get back if you're moved to a lower class (30-75%) 

If you accept an alternate flight and are seated in a lower cabin class than the one you purchased, then you will be reimbursed between 30-75% of the price you paid originally. But if you are seated in a higher class, then you do not have to repay the airline.

Important: If you choose to be refunded, you should get your money back for both the used and unused tickets.

Compensation for cancelled flights

Whether you receive compensation and how much depends on several factors:

• When you were notified

• If the airline is at fault for the cancellation

• How late you arrive at your final destination 

7 to 14 days' notice

You're owed compensation unless the new flight leaves no more than 2 hours earlier AND lands less than 4 hours later than planned (Article 5(1)(c) of Regulation 261/2004).

Under 7 days' notice

You're owed compensation unless the new flight leaves no more than 1 hour earlier AND lands less than 2 hours later.

Where compensation is due, the standard €250/€400/€600 amounts shown in the EU261 compensation table above apply.

Changes to cancellation compensation as of 23 October 2027

For flights on or after 23 October 2027, the different notice tiers no longer apply. No compensation is required when a cancellation is announced less than 14 days before departure and rerouting leaves no more than 1 hour early and arrives less than 2 hours late.

If rerouting leaves earlier, compensation may be reduced by 50% when departure is brought forward by less than 2 hours, or 25% when it is brought forward by less than 3 hours, provided the passenger takes the replacement flight (Articles 5(5) and 7(3)). 

Otherwise, existing compensation applies.

Should you accept vouchers?

Sometimes airlines will offer passengers vouchers in lieu of a refund when a flight has been cancelled. Vouchers must be expressly agreed to by you. Although the amounts may be tempting, always check expiry dates and restrictions.

A voucher instead of your ticket refund doesn't cancel your separate right to compensation. Only if you sign to take a voucher as the compensation itself (Article 7(3)) do you give up the cash.

In 2023, the BBC found that passengers hadn’t used an astounding €724 million in airline vouchers. Remember, you are entitled to a full ticket refund. If you’re considering accepting an airline voucher, be sure to read and understand all the details.

Compensation payouts from top airlines

The table below shows the totals for AirAdvisor claims to date for Europe’s largest airlines (with the totals for easyJet and British Airways converted from £ to €):

Your rights for denied boarding

When a flight has been oversold, the airline will try to find volunteers to give up their seats in exchange for benefits negotiated directly with passengers. If the airline doesn't find enough volunteers, it will begin to select passengers to bump from the flight.

If you are bumped from a flight, your rights include:

• A rebooking at the earliest possible time or at a later date of your choice, OR

• A ticket refund, AND

• Financial compensation based on the duration of the delay and flight distance, AND

• Care and assistance at the airport if you have to wait more than 2 hours for your replacement flight

Additional rights under Regulation EU 261

The airline must hand you a written notice of your EU261 rights (Article 14) and reimburse you for essential interim expenses purchased during a delay: 

1. Right to information about EU261 claims

Airlines must inform you about your EU261 rights when you experience delays, cancellations, or denied boarding. For more details, you can also refer to the official document of EU Regulation EC 261/2004.

This information must be given to you in writing and presented at the check-in counter.

Carriers must also provide each affected passenger with a written notice specifying the rules for assistance and compensation.

2. Reimbursement for out-of-pocket expenses

If you incurred additional expenses because of flight delays or cancellations, you are also eligible for reimbursement of these purchases, so remember to keep receipts!

When airlines don't have to pay compensation

Airlines don’t have to compensate passengers if the flight disruption was caused by something they couldn’t control. These uncontrollable events are known as extraordinary circumstances.

The following table illustrates which situations are within the airline’s control.

Strikes by the airline's own staff are not extraordinary (CJEU, SAS, C-28/20, 2021; Krüsemann v TUIfly, C-195/17, 2018). Technical problems are the airline's responsibility, except for hidden manufacturing defects (CJEU, van der Lans, C-257/14, 2015). 

For flights from 23 October 2027, the amended regulation writes the extraordinary-circumstances test right into EU261 (in the (EU) 2026/2202 Annex) and adds a non-exhaustive list of qualifying events. 

The onus is on the airlines to prove both:

• A direct causal link between the extraordinary circumstance and the disruption; and

• That the disruption couldn’t have been avoided even if all reasonable measures had been taken.

When you can still claim despite extraordinary circumstances

There are some situations where you could still be compensated even if extraordinary circumstances were largely to blame for your flight disruption. 

The airline didn’t take reasonable measures

If the delay could have been avoided if the airline had taken reasonable measures or had planned better, then you could still be compensated. 

Extraordinary circumstances are resolved, but delays persist

If the extraordinary circumstance passes, like a dangerous storm, and the airline is slow in handling the situation, then you could still receive compensation.

How much time do you have to submit a claim?

If you want to pursue a compensation claim, you’ll have to do so within a certain time frame. Because the EU is made up of member states, these filing deadlines are determined by each country. Here are some examples:

• Ireland: 6 years; Statute of Limitations 1957 s.11 

• France: 5 years; French Civil Code, Article 2224

• Germany: 3 years, counted from December 31 of the year of the flight; BGB §195 + §199

• Spain: 5 years; Spanish Civil Code, Article 1964(2)

• Belgium: 2 years; Article X.49 of the Code of Economic Law

• Netherlands: 2 years; Article 8:1835 of Book 8 of the Dutch Civil Code

And these are the time limits for the UK and UK261:

• England and Wales: 6 years; Limitation Act 1980 s.5

• Northern Ireland: 6 years; Limitation (Northern Ireland) Order 1989 (art. 6)

• Scotland: 5 years; Prescription and Limitation (Scotland) Act 1973

You can usually sue in the country you departed from or the one you landed in (CJEU, Rehder, C-204/08). That court's national deadline then applies (CJEU, Cuadrench Moré, C-139/11).

From 23 October 2027: Passengers must submit a compensation request to the airline within 9 months of the actual departure date shown on the ticket. The airline must then acknowledge the request and pay the compensation or provide a justified refusal within 30 calendar days.

How to file an EU261 compensation claim

If you choose to file by yourself, you will have to write a letter to the airline providing them with all the flight details and other relevant information, including your bank transfer details, so they know where to issue your compensation. If the airline refuses to pay you, then you might have to go to court. 

Tips for a successful claim

1. As soon as you learn about the flight disruption, ask airline staff or crew members to explain why your flight was cancelled or delayed. Also ask them for a written copy of your EU rights

2. Hold onto all your travel documents (boarding pass, etc.) as well as receipts if you have to make purchases because of the flight disruption. Remember to attach them to your air passenger rights EU complaint form.

3. Do not settle for travel vouchers unless you fully understand the nuances of them. Sometimes accepting one will eliminate your chance of getting cash compensation.

4. If the airline rejects your claim or doesn’t respond, you may be able to escalate the complaint to the relevant national enforcement body responsible for enforcing EU261 in the country concerned. Or go directly to the airline’s alternative dispute resolution body. For example:

• Lufthansa: Schlichtungsstelle Reise & Verkehr e.V. (SRUV)

• Air France: MTV – Tourisme et Voyage Mediation

• Ryanair: Aviation ADR

If your flight was delayed, cancelled, or overbooked anytime within the last 6 years, you could still be eligible for up to €600 (£520) in compensation.Check Now. It's Free

Why Trust AirAdvisor

1. We have already helped over 800,000 air passengers from around the world

2. Our legal team goes above and beyond to protect your EU passenger rights. We’ll even go to court on your behalf if required.

3. Our work is performed on a no-win, no-fee basis, so there’s no risk to you.

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