EU 261 Compensation: Your Passenger Rights in Case of Flight Disruption
A disrupted flight is an increasingly common experience for travelers. Nearly one in five flights is delayed, and during peak seasons, cases of denied boarding due to overbooking rise. Since 2004, the European Union has stepped up to protect passenger rights through Regulation (EC) No 261/2004—better known as EU261. Under this legislation, if your flight qualifies, an airline may owe you up to €600 (~$650) in compensation.
This page is your go-to guide on how EU261 can safeguard your travel rights. You’ll discover that your entitlements also include rebooking on alternative flights, ticket refunds, and airport assistance. And of course, we’ll cover when you’re eligible for compensation and the steps to secure it.
Ready to find out if you're entitled to compensation? Use our simple online calculator, and let us make claiming your compensation as easy as possible.
What is EU 261?
When it comes to passenger rights, EC 261/2004 (EU261) is a European Union law that holds airlines financially accountable when air travel takes an unexpected turn, so long as the disruption was not caused by circumstances outside of the airline’s control.
In comparison to other laws on passenger rights, EC 261 is one of the most comprehensive. This important piece of legislation plays a vital role in advocating for air travelers and passenger rights, and not only for European travelers. All passengers departing from a European airport are covered under EC 261. And in some circumstances, passengers flying into Europe from other worldwide destinations may be covered as well.
Who Qualifies for EU 261 Compensation?
EC 261 applies not only to European citizens but to all passengers on flights covered by this regulation, regardless of nationality.
EU 261 applies to passengers who meet certain basic criteria:
Which Flights are Covered by EC261?
When it comes to EU 261 compensation, it’s beneficial to know which flights are covered by the legislation. Most routes within Europe are covered. This includes not only EU airspace, but also Iceland, Norway, Switzerland and the so-called “outermost regions” (French Guiana and Martinique, Mayotte, Guadeloupe and La Réunion, Saint-Martin, Madeira and the Azores, and the Canary Islands).
Many international flights are covered, as well. If your flight departs from an airport in the EU, it’s covered. If your flight departs from elsewhere but your destination is in the EU, coverage depends on the airline ⎯ if it’s a European carrier, you’re covered.
If you’re confused, here’s a simple chart to help:
Itinerary | EU air carrier | Non-EU air carrier |
---|---|---|
From inside the EU to inside the EU | ✔️ Covered | ✔️ Covered |
From inside the EU to outside the EU | ✔️ Covered | ✔️ Covered |
From outside the EU to inside the EU | ✔️ Covered | ❌ Not Covered |
From outside the EU to outside the EU | ❌ Not covered | ❌ Not covered |
Does EU 261 Apply to US Travelers?
EC 261 can also apply on flights between Europe and the USA. US-based travelers qualify for EU 261 protection if:
The flight departs from an EU airport, regardless of the airline.
They are traveling on an EU-based airline en route to the EU, even if departing from outside the EU.
In some cases, flight disruptions within the US may also qualify under EC 261 if the disrupted flight was part of a single booking reference and connects to an EU flight operated by the same airline. The easiest way to find out if you’re covered is to use the AirHelp Eligibility Checker.
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$270
up to 1,500 km
$430
1,500 - 3,500 km
$650
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Types of Compensation Available Under EU 261
EC 261 protects passengers in the event of flight disruptions—such as cancellations, delays, overbooking, or denied boarding—by offering various forms of assistance and compensation. Depending on the inconvenience, you may be entitled to rebooking on another flight, a ticket refund, airport assistance, and even monetary compensation. Below, we break down the compensation and assistance available.
1. Financial Compensation for Delays, Cancellations and Overbooking
If your flight was significantly delayed—by at least three hours—or canceled without sufficient advance notice as defined by law, you may be eligible for compensation. As shown in the table below, the EU 261 compensation amount primarily depends on flight distance:
Flight Distance | EU 261 Compensation Amount |
---|---|
Up to 1,500 km / 932 miles | €250 (~$270) |
1,500 – 3,500 km / 932 – 2,175 miles | €400 (~$430) |
Over 3,500 km / 2,175 miles | €600 (~$650) |
The same compensation applies if you’re denied boarding due to overbooking. To make an EU 261 claim, AirHelp can assist with our team of flight experts to simplify the process and handle the legal details. Just select what happened with your disrupted flight:
2. Assistance Services for Delayed Flights
In the event of a delayed flight—even if the delay is due to denied boarding from overbooking—you may be entitled to airport assistance. This includes refreshments, meals, and communication options for passengers who are stranded. As shown in the table below, the right to assistance depends on the flight distance and waiting time:
Flight Distance | Wait Time | Services Provided |
---|---|---|
Up to 1,500 km / 932 miles | 2+ hours | Snacks, drinks, and two free calls/emails |
1,500 – 3,500 km / 932 – 2,175 miles | 3+ hours | Snacks, drinks, and two free calls/emails |
Over 3,500 km / 2,175 miles | 4+ hours | Snacks, drinks, and two free calls/emails |
Any distance requiring overnight stay | Overnight required | Hotel accommodations, transport to/from hotel |
When these conditions are met, airlines are required to provide assistance services to passengers. If the airline does not offer these services, passengers can cover their own expenses for meals or hotel stays and request reimbursement by keeping all receipts.
3. Refunds and Rebooking
In the event of a canceled, delayed, or overbooked flight, under EC 261 you may be entitled to rebooking on another flight or a ticket refund. Let’s look at the details:
Canceled Flight: The airline must provide an alternative travel solution to reach your final destination.
Delayed Flight: If the delay exceeds five hours and you choose not to continue your journey, you are entitled to a ticket refund. You may also be eligible for rebooking on a return flight to your original departure airport.
Overbooking: If you are denied boarding, the airline must rebook you on the next available flight. You can request a ticket refund if you decide not to fly.
Rebooking on another flight and a ticket refund can be combined with your right to compensation.
4. Obligation to inform passengers of their rights
You have the right to be informed about the contents of EC 261. Every airline has to display information on passengers’ rights at their check-in counters in every airport where they operate. If our breakdown of the legalese is still not enough, you can also read the actual text of EC 261.
5. Upgrading and downgrading
If you are offered an alternative flight and placed in a higher class than the one you booked, the air carrier cannot charge you any additional payment. On the other hand, if the class of the alternative flight is lower, you can get a reimbursement between 30% and 75% of the price you originally paid.
How to Make Your EU 261 Claim
To file your claim under EU 261, you need to gather the necessary documentation. Below is a checklist:
Did you know that only 55% of all passengers worldwide make a claim, even when they know they are entitled to it?
Many travelers tend to be daunted by the thought of a complicated and drawn-out legal process. This fear often leads to them not trying to seek out the compensation they deserve for their flight inconvenience.
That’s what AirHelp is for. We take the burden from you and simplify the process. All you need to do is enter your flight details in our easy-to-use compensation checker and we’ll take care of the rest.
Top Mistakes to Avoid When Filing a Claim
EC 261 protects your passenger rights. Below are some common mistakes to avoid — steering clear of these can improve your chances of receiving compensation.
What’s not Covered: Extraordinary Circumstances
When it comes to knowing your rights on EU flights, it’s also important to be aware of situations where the airline is not responsible for flight issues that arise.
EC261 says that airlines do not have to pay compensation if the disruption was caused by extraordinary circumstances which are events outside of their control. For example, you will not be eligible for compensation for flight delays that are a result of one of the following:
Extraordinary Circumstances |
---|
❌ Strikes initiated by airport employees or air traffic control |
❌ Political unrest |
❌ Inclement weather |
❌ Security risks |
That said, airlines must still show that they have taken reasonable measures to prevent the delay. For example, bad weather may be considered an extraordinary circumstance. However, if other airlines were prepared for it and prevented delays, whilst yours didn’t, you should still be entitled to compensation.
Airline Strikes and EU 261 Compensation
In the years since EC261 was introduced numerous court cases have been contested over what counts as an extraordinary circumstance. Our team keeps up to date with these latest developments. We were particularly pleased with the 2018 ruling by the European Courts of Justice that airline staff strikes cannot be considered an extraordinary circumstance. That means that thousands of passengers who have been affected by airline staff strike action will now be eligible for compensation.
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Avoid spending lots of time and effort navigating the complex legal system.
Airlines may deny your initial claim or ignore your claim request entirely, but our team tackles bureaucratic hurdles to get you the money you deserve.
We work on a no win, no fee basis. So AirHelp will charge no fee unless you get compensated.
Did You Know?
Claims Valid for Up to Three Years: Depending on local jurisdiction, EU 261 claims can remain valid for as long as three years from the date of the disruption.
You Can Combine Compensation and Reimbursement: EU 261 allows for both compensation and reimbursement, such as if a flight is severely delayed and you decide to cancel your trip altogether.
EU 261 Covers Package Tours: If your flight was part of a package tour, you can claim compensation from the airline and possibly even request a partial refund from the tour operator if the delay impacted your entire journey.
Commonly Asked Questions About EC 261
What is EU261?
EC 261/2004 is a regulation in European Union law that favors the passenger. It holds airlines financially accountable when air travel takes an unexpected turn, so long as the disruption was not caused by circumstances outside of the airline’s control.
Which Flights are Covered by EC261?
If your flight departs from an airport in the EU, it’s covered. If your flight departs from elsewhere but your destination is in the EU, coverage depends on the airline ⎯ if it’s a European carrier, you’re covered. In some cases, disrupted flights outside the EU may be eligible under EC261.
When can Americans claim flight compensation under EC 261?
A common misconception is that EC 261 only applies to flights within Europe, but that’s not the case. It can also apply on flights between Europe and the USA, for example.
That's because EC 261 covers all flights that depart from an EU airport, and all flights that land in Europe so long as the flight was with an EU carrier. It doesn't matter where the passenger comes from.
So if you were flying to or from Europe when your flight was disrupted, check if you're entitled to claim compensation.
Why Choose AirHelp for Your EU 261 Claim?
AirHelp is who you should turn to, to make your EU 261 claim when your travel has gone awry through delay or airline cancellations.
We are the leading provider in the flight compensation industry and are committed to enforcing air passenger rights. To date, we’ve helped more than 16 million passengers who’ve suffered a flight mishap.
EU 261 Claim – Is There a Time Limit to File a Claim?
Your right to compensation under EC Regulation 261 2004 does eventually expire, but the time limit varies from one country to the next.
You should note that the country you claim in is not decided by your nationality, but is determined by where the headquarters of the airline is, or what court has jurisdiction in cases concerning the airline.
As always, we have a handy chart for you:
Country | Limitation period |
---|---|
Austria | 3 years |
Belgium | 5 years |
Bulgaria | 1 year |
Croatia | 3 years |
Cyprus | 6 years |
Czechia* | 3 years |
Denmark | 3 years |
Estonia | 3 years |
Finland | 3 years |
France | 5 years |
Germany** | 3 years |
Greece | 5 years |
Hungary | 2 years |
Iceland | 2 years |
Ireland | 6 years |
Italy | 2 years |
Latvia | 1 year |
Lithuania | 3 years |
Luxembourg | 10 years |
Malta | No limit |
Netherlands | 2 years |
Norway | 3 years |
Poland | 1 year |
Portugal | 2 years |
Slovakia | 2 years |
Slovenia | 2 years |
Spain | 5 years |
Sweden*** | 10 years |
Switzerland | 2 years |
United Kingdom | 6 years |
*For Czechia, if a passenger notifies the airline within the first 6 months after flight disruption, the claim should be eligible for 3 years.
** For Germany, the limitation period expires on the last day of the third year (for example, the limitation period for a flight on 25/2/2016 expires on 31/12/2019).
** For Sweden, if a passenger notifies an airline within the first 2 months after a flight disruption, the claim should be eligible for 10 years.
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