Claim EU261 compensation for a delayed flight
If you arrived at your final destination 3 or more hours late, EU Regulation 261/2004 may entitle you to fixed cash compensation on top of any refund or care the airline owes you. This is separate from the ticket price and is paid per passenger. It applies to all flights departing from an EU airport (any airline), and to flights arriving at an EU airport when operated by an EU/Community carrier. The airline can avoid paying only if the delay was caused by genuine 'extraordinary circumstances' (such as severe weather, air traffic control strikes or political instability) that it could not have avoided even by taking all reasonable measures. Ordinary technical faults and crew/staffing issues usually do NOT count, so many refusals are weaker than they sound.
Skip the writing, get your claim in 15 seconds.
We'll draft a firm, ready-to-send demand tailored to your situation. Free.
Build my claim →Your rights
Regulation (EC) No 261/2004, Article 7, sets fixed compensation based on flight distance: EUR 250 for flights of 1,500 km or less; EUR 400 for intra-EU flights over 1,500 km and for all other flights between 1,500 km and 3,500 km; and EUR 600 for flights over 3,500 km. The Court of Justice of the EU (Sturgeon and Nelson rulings) confirmed that passengers delayed 3 hours or more at arrival have the same compensation rights as those whose flights are cancelled. Under Article 7(2), for the longest flights the airline may reduce compensation by 50% where it offers re-routing whose arrival time does not exceed the scheduled arrival by more than 4 hours. The airline must prove any 'extraordinary circumstances' defence (Article 5(3)).
Step by step
- 1Confirm eligibility: the flight departed from an EU airport, OR arrived at an EU airport on an EU/Community carrier, and you reached your final destination 3+ hours late. Note the scheduled vs actual arrival time and the flight distance.
- 2Gather your booking reference, boarding pass and any delay notice, email or app screenshot showing the actual arrival time and the reason the airline gave.
- 3Send a written claim to the airline citing Regulation 261/2004 Article 7, stating the flight number, date, distance band and the exact compensation amount (EUR 250, 400 or 600). Ask for cash or bank transfer, not a voucher.
- 4If the airline refuses or ignores you after a reasonable period, escalate to the national enforcement body (NEB) in the country of departure, or use a certified alternative dispute resolution (ADR) scheme; keep all correspondence.
What they'll say, and your comeback
“The delay was due to a technical/maintenance problem, so it is an extraordinary circumstance.”
Comeback, The CJEU (Wallentin-Hermann and van der Lans) ruled that routine technical and mechanical faults are inherent in the normal exercise of an air carrier's activity and are NOT extraordinary circumstances. Unless they can prove a genuinely external, unforeseeable event, compensation is still due.
“We already gave you meal vouchers and a hotel, so nothing more is owed.”
Comeback, Care (meals, refreshments, accommodation) under Article 9 is a separate duty from compensation under Article 7. Providing care does not cancel your right to the fixed EUR 250-600 cash payment.
“The delay was just under 3 hours at the gate.”
Comeback, What counts is your ARRIVAL time at the final destination, defined by the CJEU (Germanwings) as when at least one aircraft door is opened. If that was 3+ hours late, you qualify even if departure was earlier.
FAQ
How long do I have to claim?
There is no single EU-wide deadline; the time limit depends on the national law of the country handling the claim and typically ranges from about 1 year to 6 years. Claim as soon as possible and do not assume an old delay is automatically time-barred.
Does a cheap or 'basic' ticket change my rights?
No. EU261 compensation is fixed by flight distance, not by what you paid. A low-fare passenger and a full-fare passenger on the same delayed flight are owed the same amount.
Ready to get your money back?
Reclaim it now, free →More money you might be owed
- UK / EUHow to get a refund for a cancelled or delayed flight
- GlobalHow to get a refund when a hotel double-charged you
- UK / EUHow to get a refund from Ryanair for a cancelled flight
- UK / EUHow to get a refund from easyJet for cancelled or delayed flights
- GlobalHow to Get a Refund from Booking.com
- GlobalHow to get an Airbnb refund for problems or cancellations
A self-serve tool, not a law firm. General information, not legal advice.