The European Union has the most consumer friendly policies when it comes to what passengers are entitled to in the event that their flight is significantly delayed or canceled. For example, if your long haul flight is delayed by at least four hours, you could be entitled to 600 Euro cash, which is huge. In this post, I’d like to go over everything you need to know about how this policy works.
In this post:
What is EC261 flight delay & cancelation compensation?
Regulation EC261/2004 (EC261 for short, though often incorrectly referred to as EU261) is the European Union’s official rule that dictates what airlines owe passengers in the event of flight delays or cancelations. This can include everything from cash compensation, to hotels, to meal vouchers. This is truly the most generous protection you’ll find anywhere in the world when it comes to airline passenger rights.
Europe flight delay & cancelation compensation rules
Under what circumstances are you entitled to compensation in Europe if your flight is delayed or canceled? As you might expect, this can be difficult to understand at times, since rules differ based on the airline you’re flying with, the cause of the delay, etc. In this post I’ll go over all the details.
Which airlines & countries are covered by EC261?
EC261 rules apply in the following situations:
- If you are traveling from a European Union airport on any airline
- If you are traveling to a European Union airport on a European Union-based airline
In other words:
- If you’re flying from Frankfurt to Newark, EC261 would apply regardless of whether you’re traveling with Lufthansa or United
- If you’re flying from Newark to Frankfurt, EC261 would only apply on Lufthansa, and not on United (since United isn’t a European Union-based airline)
A few more things to note:
- Even though Norway and Switzerland aren’t in the European Union, EC261 applies for these countries as well; furthermore, the United Kingdom has separate rules that are almost identical to EC261
- You’re only eligible for EC261 coverage if you have a confirmed reservation, and are traveling on a revenue or award ticket (in other words, staff travel or other industrial discount tickets don’t qualify)
- Frustratingly, EC261 doesn’t apply if you’re merely connecting in the European Union between two other destinations; for example, it wouldn’t apply to a New York to Paris to Johannesburg itinerary
How much money is EC261 compensation?
The amount of cash compensation you’re entitled to under EC261 varies based on the length of the flight… sort of:
- If your flight covers a distance of under 1,500km (930 miles), you’re entitled to 250 Euro compensation if you’re delayed by at least three hours
- If your flight covers a distance of 1,500-3,500km (930-2,200 miles), you’re entitled to 400 Euro compensation if you’re delayed by at least three hours
- If your flight covers a distance of over 3,500km (2,200 miles), you’re entitled to 600 Euro compensation if you’re delayed by at least four hours
So as you can see, the longer the flight, the longer the delay has to be in order to get compensated. However, you’re also potentially going to get more compensation. There are a couple more details to be aware of:
- A delay is calculated based on the time that you arrive at your gate and the doors open, rather than based on when you touch down at your destination
- Furthermore, the delay is calculated based on how late you reach your final destination; if you’re flying from Berlin to Frankfurt to New York, and your Berlin to Frankfurt flight is delayed by an hour and that causes you to miss your connecting flight and arrive in New York at least four hours late, you’d be entitled to cash compensation
Which delays qualify for EC261 compensation?
If you’re looking for compensation through EC261, you’re entitled to that for any delay or cancelation that isn’t due to “extraordinary circumstances.” The issue is that this can be a bit of a gray area, and airlines have been known to play games. That’s because what constitutes “extraordinary circumstances” isn’t explicitly defined.
As a general rule of thumb:
- Weather delays, air traffic control delays, delays due to strikes outside the airline, delays due to political instability, diversions due to medical issues or unruly passengers, etc., would be considered extraordinary circumstances, so EC261 compensation wouldn’t apply
- A mechanical problem, a late inbound aircraft, a crew related delay, a strike directly at the airline, etc., wouldn’t be considered extraordinary circumstances, so EC261 compensation would apply
Do flight cancelations qualify for EC261 compensation?
Not only does the above compensation apply if your flight is delayed, but it also applies if it’s canceled. EC261 compensation applies in the event that your flight is canceled within 14 days of departure. If your flight is canceled further out than that, then the compensation wouldn’t apply.
Furthermore, as is the case with delays, extraordinary circumstances are excluded from being eligible for compensation.
How do you claim EC261 compensation?
Claiming EC261 compensation is potentially the tricky part, as airlines often do everything in their power to get out of paying this compensation. There are two general ways you can approach this:
- You can contact the airline to try to claim EC261 compensation, and some airlines have forms on their websites through which this can be done
- You can use a third party service that helps consumers with this, though they usually take a significant cut; I’ve never used one of these so can’t personally vouch for any, but you can easily find them online
I’d always recommend doing everything in your power to request the compensation directly, so you can keep the entire amount. If you’re going to claim EC261 compensation, there are a few things to keep in mind:
- This isn’t something you need to do at the airport, so don’t take this up with airport staff, but rather take it up with customer relations after the fact
- I’d recommend keeping as much documentation as possible, including taking pictures of the flight status page reflecting the delay, keeping boarding passes, etc.
- Expect that airlines may try to do everything in their power to get out of paying this compensation; this can include claiming that there were “extraordinary circumstances,” just not responding for a long time, etc.
Does EC261 cover hotels & meals?
Not only does EC261 offer cash compensation in the event of a delay or cancelation, but it also offers passengers other forms of assistance, including:
- Hotel accommodation in the event of an overnight delay, including transport to and from the hotel
- Meals and refreshments
- Two telephone calls or emails
This should be offered proactively in the event of a significant delay or cancelation. There’s no promise of how efficiently any of this will be offered, though. For example, if you have a flight canceled at an outstation (non-hub airport), you might have two agents trying to work on hotels for hundreds of passengers, which could take hours. So be prepared to be patient.
In many cases you can also just book your own hotel and then be reimbursed after the fact, though in some cases airlines may have a cap on how much they’re willing to reimburse, and it can be tough to know that in advance.
What’s also nice is that the duty of care applies even if the delay or cancelation is due to extraordinary circumstances. So if your flight is delayed overnight due to weather, you’d still be owed a hotel room and meals.
What does EC261 say about rebooking flights?
In the event that your flight is substantially delayed or canceled, EC261 requires that airlines rebook passengers on the next available flight to their destination, assuming that’s what they want. This can include rebooking on another airline, even one the airline you’re booked on doesn’t have a partnership with.
So if the airline you’re booked on doesn’t have availability for same day travel, but another airline does, in theory the airline has to rebook you. I say “in theory” because actually getting a frontline employee to follow the rules isn’t necessarily that straightforward (more on that in a bit).
What about delayed & lost bags with EC261?
EC261 doesn’t directly dictate what compensation is required for delayed and lost bags. Instead, the Montreal Convention sets minimum standards for compensation in these regards. Generally speaking:
- You’re limited to $1,700 in compensation in the event of lost luggage
- You can be reimbursed for necessary expenses due to delayed luggage, though you’ll only be reimbursed at the rate of 50% for things you can continue to use (like clothes), while toiletries and single-use items will be reimbursed at 100%
- Airlines have a lot of discretion regarding what they consider reasonable and necessary expenses
Some countries have more generous policies than that. For example, the United States Department of Transportation (DOT) regulations are more generous for flights involving the United States. Under those rules, you can be compensated up to $3,800 for lost bags on domestic flights, and you can also be fully reimbursed for necessary expenses due to lost bags (rather than just 50% for items you can reuse, under EC261 regulations).
The gray area of EC261 that goes through the legal system
I think one important point to emphasize is that there’s the text of EC261 as it’s written, and then there’s how airlines actually choose to interpret it. While the text is somewhat clear, it also leaves a lot of things open to interpretation, and it’s also no guarantee that frontline employees will follow those guidelines 100% of the time.
All the time we see legal cases involving EC261, and that sort of sets the precedent for how each airline pays out. That further complicates things because these legal cases go through the courts of one specific country, but courts in different European Union countries may come to different conclusions.
Just to give some examples of things that have been addressed in court:
- What qualifies as a reimbursable refreshment? Are alcoholic drinks refreshments?
- For the purposes of reimbursement, what’s a reasonable amount to spend on a hotel when your flight canceled? What if there’s a huge event in town, and the cheapest hotel is $2K per night?
- How strict is the requirement for an airline to get you to your destination on the next available flight? Does an airline have to rebook you on another airline if there’s a flight 30 minutes before the next flight operated by that same airline?
These all fall in the “your mileage may vary” category, as different countries interpret these things differently. But as you deal with EC261, you’ll see that things aren’t always as straightforward as you might hope. So be prepared for that.
Should EC261 compensation impact how you plan travel?
As I said, EC261 is the most consumer friendly government regulations out there when it comes to flight delays and cancelations. In the United States, airlines can delay your flight by 12 hours or cancel your flight, and you’re entitled to exactly zero dollars compensation. So it’s great to see that in at least some part of the world there’s some protection for consumers.
EC261 compensation certainly makes me feel less frustrated in situations where my flight is delayed or canceled. But I think there’s also an interesting angle here in general, which might put consumers at ease.
Many European airports have unrealistically short minimum connection times, and then they encourage passengers to book very short connections. Often people will misconnect, though perhaps one silver lining here is that you could end up getting EC261 compensation.
As mentioned above, the length of the delay is measured based on how late you arrive at your final destination. Say you’re flying Lufthansa from Chicago to Munich to Berlin with a 45 minute connection. If your Chicago to Munich flight is delayed by an hour (causing you to misconnect), and you end up being rebooked on another flight that gets you to Berlin more than four hours late, you’d be entitled to 600 Euro cash compensation.
That certainly takes the sting out of misconnecting a bit…
Are changes coming to EC261 regulations?
It’s worth noting that the European Union is working on updating its EC261 regulations. Initially it looked like the changes were going to be negative, but as it turns out, they’re now actually going to be largely positive.
The compensation amounts are largely staying the same, while the process for reimbursement is expected to get easier. We don’t yet know exactly when this will be implemented, but either way, it’s great that the policy won’t be getting worse.
Bottom line
The European Union has the most consumer friendly rules that you’ll find anywhere in the world when it comes to flight delays and cancelations. Under EU rules, you’re entitled to 600 Euro in cash compensation in the event that you’re traveling long haul and arrive at your destination at least four hours behind schedule.
While there are some terms to be aware of, in many ways the rules are as good as they sound. Actually getting an airline to pay, especially in a timely manner, could be a different story, though.
Hopefully the above is a useful rundown of how EC261 works. While there’s a bit more nuance, I tried to strike the right balance between keeping this brief and easy, and being thorough.
Have you ever been able to get EC261 compensation? If so, what was your experience like?
I have been remarkably successful getting payments every time I encountered a delay or cancellation. The payments have always been vey fast. American never told us about the comp option on our insanely rerouted flight from London but luckily a Norwegian passenger made sure the whole flight was aware. AA gave me an option to go with a 2x flight credit instead…which I willingly accepted
Kudos to you (and that Norwegian passenger!)
Fortunately, since the July 2026 overhaul of the law (closing some loopholes), airlines are now legally required to disclose EU261 passenger rights both at the airport and during specific flight disruptions. Under Article 14 of the regulation, airlines must *actively* inform passengers of their rights to compensation, care, and assistance. Failure to comply with these notification requirements (within 96 hours) can result in strict penalties from European...
Kudos to you (and that Norwegian passenger!)
Fortunately, since the July 2026 overhaul of the law (closing some loopholes), airlines are now legally required to disclose EU261 passenger rights both at the airport and during specific flight disruptions. Under Article 14 of the regulation, airlines must *actively* inform passengers of their rights to compensation, care, and assistance. Failure to comply with these notification requirements (within 96 hours) can result in strict penalties from European regulatory bodies. It also included automatic pre-filled forms, strict response deadlines (30 days).
The era of stalling and hiding should be over. Still, please do stay vigilant, friends. Keep pushing for better, here, there, everywhere. We desperately need something like this in the US.
It’s not exactly based on the distance of the flight but on the distance between the capital cities of the two countries. So for example if you fly FRA to SFO, the distance would be whatever BER to IAD is.
No it’s not. It’s the distance between the airport of departure and arrival, certainly not capitals. If you read it, it clearly doesn’t say that.
Thank you for re-posting this, Ben. We really need better protections in the US. It’s not just compensation but also a better duty of care.
At the very least, it’d be nice to see something like a return of Rule 240, where airlines had to get you on the next available flight, even if it was with a competitor. EU/UK isn’t perfect but it’s far better than nothing.
Something I never see mentioned about EU261 though is who is paying for it. Costs are passed on to the consumer.
It is pretty much just mandatory travel insurance. I mean, that's fine, but don't fool yourself thinking it's free.
No one said anything is free. The airline is paying. Doesn't raise your ticket price; doesn't bankrupt them. It's the incentive for them to operate more reliably. And it works. ULCCs like Ryanair are profitable, have union workforces, comply with these regs, and still offer dirt cheap fares. Now, you may not personally like ULCCs, but they're proof that it all works. We can and should have similar consumer protections in the US. Someday, I hope we will.
Add “bird strikes” to extraordinary circumstances
On a related note, could you please do a post on how you handle/handled irrops in foreign countries (especially countries that are non-English speaking and non-EU so the airlines have no incentive to help).
I had a flight canceled by KLM due to a snow storm in Amsterdam and when I tried to claim duty of care (I had to book a hotel on my own because they were out of vouchers), KLM only paid me part of the amount because it was exorbitant. Trying to figure out which court in the Netherlands to file this with has been impossible.
How are KLM responsible for a blizzard? Sounds like force majeure to me.
They still owe duty of care (including reimbursement for accompanying), even if weather, just not compensation. Meanwhile, in US, AU, we get nothing.
Dunno, these things are part of “shit happens”, and it strikes me as the height of parasitic entitlement to expect a free hotel because of a blizzard. That’s what travel delay insurance is for.
PeteAU, assuming the AU is for Australia, it is understandable that you're pre-conditioned to not having any regulatory support, since Australia has nothing to help passengers, currently. (There is real talk of new legislation 'down under' so hoping that'll improve for you, soon.)
Let's be clear, though, it is most certainly not an 'entitlement' to expect airlines to honor their contracts, within reason, and especially for things under their control. Financial penalties are an incentive...
PeteAU, assuming the AU is for Australia, it is understandable that you're pre-conditioned to not having any regulatory support, since Australia has nothing to help passengers, currently. (There is real talk of new legislation 'down under' so hoping that'll improve for you, soon.)
Let's be clear, though, it is most certainly not an 'entitlement' to expect airlines to honor their contracts, within reason, and especially for things under their control. Financial penalties are an incentive for them to operate more reliably, and it has proven those results, without bankrupting companies or leading to higher fares (see ULCCs like Ryanair).
Yes, for weather events, specifically, I also highly recommend comprehensive travel insurance, regardless, because while EU261 may help with being stranded at an airport overnight, it won't cover loss or prepaid accommodations, tours, cruises, etc. at your destination. But, rest assured, a baseline standard of care for affected passengers is still a good policy. While never perfect, the EU (and UK) rules prove that it can and does work well.
I was clearly referring to the OP, who obviously expected KLM to accommodate him like the Sultan of Brunei in spite of the fact that they have precisely zero control over the weather, and is indignant because now he can't find a court in which to pursue them for their shameful negligence of his extraordinarily special requirements.
Pete, go hyperbolic if you feel you need to, but overnight accommodation is part of the duty of care (and it makes sense, unless you like sleeping on cold, hard airport floors). No, it won't be the Four Season, but maybe a Ibis near the airport is enough for most, or to be reimbursed within reason for something else. If passengers get, say $200, they can pay extra for things they want above that. Baseline protections are just that... a starting point, a safety net.
Ben! One part of this that is confusing and isn’t mentioned in this blog or any of your posts is the 3,500km rule for delays between 3 and 4 hours.
I had a LOT flight between Warsaw and Miami that landed 3 hours 45 min late and didn’t know I was entitled to 300 euros until I checked the EU site.
It is also worth knowing that if you are flying from a non EU country to the EU/UK on a non EU/UK carrier however the flight is marketed by an EU/UK carrier you are still covered.
That’s wrong - it needs to be EU airline metal.
The one major loophole I wish the EU would have resolved is that when you book a single itinerary on EU metal, from non-EU, connect in EU, then fly to non-EU, EU261 doesn’t apply, just Montreal Convention (or whatever other jurisdiction, like UK, Canada’s APPR, etc.) But, that loophole impacts folks that fly, say, JFK-CGD-IST, and even if mechanical issue on either leg, would be covered if two separate segments, but as one, EU261 doesn’t...
The one major loophole I wish the EU would have resolved is that when you book a single itinerary on EU metal, from non-EU, connect in EU, then fly to non-EU, EU261 doesn’t apply, just Montreal Convention (or whatever other jurisdiction, like UK, Canada’s APPR, etc.) But, that loophole impacts folks that fly, say, JFK-CGD-IST, and even if mechanical issue on either leg, would be covered if two separate segments, but as one, EU261 doesn’t apply; they just think of it as if US-TK. See, it’s not perfect; still remove for improvement. Some AirHelp v. Austrian case from 2022 really messed it up.
This is wrong and is misinformation. No caselaw supports this position.
My LHR-BWI flight on BA turned around over Ireland and we ended up getting home 24 hours late (and into IAD!). BA was phenomenal - there was a handy section on the website to request comp both for expenses caused by the delay and for the UK261 (since they left the EU) comp.
They covered cabs to/from the hotel we booked for the night, breakfast and lunch, the uber between IAD and BWI, and...
My LHR-BWI flight on BA turned around over Ireland and we ended up getting home 24 hours late (and into IAD!). BA was phenomenal - there was a handy section on the website to request comp both for expenses caused by the delay and for the UK261 (since they left the EU) comp.
They covered cabs to/from the hotel we booked for the night, breakfast and lunch, the uber between IAD and BWI, and the $2800 in compensation for my family of four. Plus I used the day to rent a car -- the only thing they didn't cover and I'm fine with that as it was discretionary -- and go see the English countryside. Couldn't have been more of a win
Question as to how much I should be compensated for our 3 1/2 hour delay from CDG to RDU which is 4,043 miles. According to this article:
"The amount of cash compensation you’re entitled to under EC261 varies based on the length of the flight… sort of:
If your flight covers a distance of under 1,500km (930 miles), you’re entitled to 250 Euro compensation if you’re delayed by at least three hours
If your...
Question as to how much I should be compensated for our 3 1/2 hour delay from CDG to RDU which is 4,043 miles. According to this article:
"The amount of cash compensation you’re entitled to under EC261 varies based on the length of the flight… sort of:
If your flight covers a distance of under 1,500km (930 miles), you’re entitled to 250 Euro compensation if you’re delayed by at least three hours
If your flight covers a distance of 1,500-3,500km (930-2,200 miles), you’re entitled to 400 Euro compensation if you’re delayed by at least three hours
If your flight covers a distance of over 3,500km (2,200 miles), you’re entitled to 600 Euro compensation if you’re delayed by at least four hours”
We are over the 2200 miles but under the 4 hours. Does it mean we qualify for the $400 euros? Air France has been very prompt but is only paying us a single amount of $300 euros - I would have thought for 2 of us I should get $800 euros? Any experience here would be appreciated.
If it’s under 4 hours > 3500 kms the compensation is reduced by 50 percent.
Yes, compensation is 50% for a delay between 3 and 4 hours for flights over 3,500km.
No compensation below 3 hours.
KLM cancelled our LAX To AMS flight 5 days before the scheduled departure date. KLM had rebooked us on another flights with Air France that departed 1 hour 20 minutes before the original scheduled departure and arrived less than four hours to the final destination. But I did not accept the rebooked flights as it did not work for us. We purchased another tickets with American Airline to get us to Amsterdam.
From what I...
KLM cancelled our LAX To AMS flight 5 days before the scheduled departure date. KLM had rebooked us on another flights with Air France that departed 1 hour 20 minutes before the original scheduled departure and arrived less than four hours to the final destination. But I did not accept the rebooked flights as it did not work for us. We purchased another tickets with American Airline to get us to Amsterdam.
From what I understand, for my case I should get 600 Euro compensation per passenger, correct?
I filed the claim and the response that I got from KLM was “As stated in the regulation, the operating carrier can reduce the compensation by 50% when the delay is less than four hours at the final destination and the total distance more than 3500 km.” They asked for my bank details to process the claim but there was no specified compensated amount in the email. It sounds like I would only receive 300 Euro per passenger. I did send a follow up email to verify what my compensation amount would be before providing my bank details. I don’t understand why I would only receive 50% compensation. The flight was cancelled not delayed. I would appreciate any thoughts or guidance.
It’s reduced by 50 percent as the arrival was under 4 hours.
Hi Ben,
I have an interesting situation that may need a professional opinion related to EC261 compensation. Quick background: Had a one-way trip with family from Nice, France to the US booked with Flying Blue miles in Biz that ended up with a security hold on the ticket at the last minute due to a voluntary change. This resulted in the AF desk at Nice issuing new tickets via CDG to IAD on a...
Hi Ben,
I have an interesting situation that may need a professional opinion related to EC261 compensation. Quick background: Had a one-way trip with family from Nice, France to the US booked with Flying Blue miles in Biz that ended up with a security hold on the ticket at the last minute due to a voluntary change. This resulted in the AF desk at Nice issuing new tickets via CDG to IAD on a later flight that did not get ticketed all the way apparently. However, we were allowed to board the first leg and denied boarding on the second leg at the gate after being assured that there were no issues multiple times. Had to exit immigration and go to the customer service desk and spent 4 hours trying to get it resolved. This resulted in us missing our connection from IAD to our final destination and we spent the night in DC. I want to file a claim for the delays, the denied boarding and the additional expenses incurred. Is this something that you/your team can assist with and what would be the best way to engage? Thanks for your consideration.
--Kar
Ben,
FYI, the THREE countries of the EEA are Norway, Switzerland, AND Iceland. This is most important to know if you are flying from U.S. to Iceland for vacation. Don't want to miss out on goodies. Same rules apply.
I did make EC261 claim against AY flying from HEL to BGO. They made last minute cancel, could not book us on replacement within 24 hours of original arrival. Filed for €250x 2. They had...
Ben,
FYI, the THREE countries of the EEA are Norway, Switzerland, AND Iceland. This is most important to know if you are flying from U.S. to Iceland for vacation. Don't want to miss out on goodies. Same rules apply.
I did make EC261 claim against AY flying from HEL to BGO. They made last minute cancel, could not book us on replacement within 24 hours of original arrival. Filed for €250x 2. They had already given us vouchers for good airport hotel, transport to hotel, vouchers for full dinner and breakfast.
I electronically filed claim the next day. Received deposit to our bank account within 7 days, while still on our cruise. Hurtigruten picked us up at their first stop the next day on 8 day cruise.
As it was our first cruise, we learned an invaluable lesson. NEVER BOOK A FLIGHT ARRIVAL SAME DAY AS SHIP DEPARTURE. We were lucky.
p.s. The 8 day Hurtigruten Coastal Express from Bergen to Kirkenes and back was FANTASTIC.
I'm sorry but your comment regarding hotel bookings is not great advice. EU261 also applies if you book the hotel yourself rather than waiting interminably at a customer service desk. Obviously, don't book a 7* hotel or anything stupid but a decent hotel is fine. Moreover, as hotel rooms are not an infinite resource, if you use booking.com, etc., you're more likely to get a room if room supply is limited by 'queue jumping'.
It is EU 261. not EC 261
Officially it is Regulation (EC) 261/2004. Official shorthand is EC261. Laws before 1 Dec 2009 (in this case 2004), were either EC laws or EU laws. Following this the EU gained single legal personality and all laws became EU. However as this was 2004 law it officially retains EC. Although some may shorthand to EU261. Both are acceptable.
What about missed connections due to unreasonably short connection times where there was no flight delay? The airline (in my case Air France) just didn't give me enough time to change terminals at CDG, (which is a huge airport). I would expect some compensation in addition to the wholly unsatisfactory room they put us up in...
If the incoming flight was on time and the onward on time, then no as it is a valid connection.
Hi all, hoping to crowdsource a question on this topic. Can you file for 261 when you're flight is cancelled and you have to accept new routing US-EU which requires you to leave and arrive four hours earlier than originally planned? For context had an Air France flight cancelled 12hrs before departure. No reason given, just a 'flight was cancelled good luck text." Originally booked through DL, called elite line and was able to be...
Hi all, hoping to crowdsource a question on this topic. Can you file for 261 when you're flight is cancelled and you have to accept new routing US-EU which requires you to leave and arrive four hours earlier than originally planned? For context had an Air France flight cancelled 12hrs before departure. No reason given, just a 'flight was cancelled good luck text." Originally booked through DL, called elite line and was able to be rerouted through KLM vs Air France (no communication from Air France or options for rebooking, had to do it on my own.)
Arriving early is better than late, but still blows up a schedule when departing on a workday. Appreciate any thoughts or guidance.
You weren’t late. Can’t see how you can claim…..
Leaving more than 1 hour earlier triggers the compensation. But you only get 50%>.
Yes. EC261 compensation does apply for rescheduled early departures of more than 1 hour. This is because it is travel inconvenience.
If a flight is cancelled and you are given a rescheduled flight. The flight has to be both no more than 1h earlier than originally scheduled departure AND no more than 2h later than originally scheduled arrival to exempt the airline from paying compensation. Airlines will attempt to reduce compensation by 50% reduction...
Yes. EC261 compensation does apply for rescheduled early departures of more than 1 hour. This is because it is travel inconvenience.
If a flight is cancelled and you are given a rescheduled flight. The flight has to be both no more than 1h earlier than originally scheduled departure AND no more than 2h later than originally scheduled arrival to exempt the airline from paying compensation. Airlines will attempt to reduce compensation by 50% reduction for a delayed arrival less than 4h but it does not apply in a cancellation scenario per the Azurair case ruling.
Would you be able link the specific case? Air France denied my claim but looks like I could argue with this case.
Article 5. Para 1(c)(iii)
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261
Google “Azurair CJEU” and the case should come up. Link below.
Basically says if revised departure is more than 1 hour before scheduled departure the flight is considered cancelled. Cancelled flights get 100% compensation. Even if your rescheduled flight arrives within original arrival time entitled to full compensation.
Many airlines will try to reduce it by 50% but regulators and courts will uphold 100%
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=oj:JOC_2022_084_R_0010
Google “Azurair CJEU” and the case should come up. Link below.
Basically says if revised departure is more than 1 hour before scheduled departure the flight is considered cancelled. Cancelled flights get 100% compensation. Even if your rescheduled flight arrives within original arrival time entitled to full compensation.
Many airlines will try to reduce it by 50% but regulators and courts will uphold 100%
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=oj:JOC_2022_084_R_0010
Good day Ben.
I have two questions.
In February 2024 I was booked on a Lufthansa First Class ticket from LAX to CDG via Frankfurt using United Miles to attend my 97 years old Father's funeral inFrance.
The flight was cancelled because Lufthansa employees went on strike.
I was rebooked the same day in business Class on Air France but Lufthansa refused to put me in First Class on Air France...
Good day Ben.
I have two questions.
In February 2024 I was booked on a Lufthansa First Class ticket from LAX to CDG via Frankfurt using United Miles to attend my 97 years old Father's funeral inFrance.
The flight was cancelled because Lufthansa employees went on strike.
I was rebooked the same day in business Class on Air France but Lufthansa refused to put me in First Class on Air France even though a seat was available and I was booked in First Class on Lufthansa.
Lufthansa instead offered to rebook me on a Lufthansa flight in First Class a few days later.
Should Lufthansa have put me in First Class on Air France or another carrier?
How should I have handled this situation not kowing my rights?
Because of the delay I requested compensation under rule#EC261 after my trip.
I was denied compensation twice in writting over a period of 30 days and decided to contact Flightright.
About a week after I filed my claim with Flightright Lufthansa got back to me (unsollicited) in writting indicating I was entitled to 600 Euros compensation under#EC261...
I did not feel like cancelling my contract with Flightright and received 420 Euros from them.
I was pleased with their work however even though my bank does not charge me any fees for international money transfer, Flightright bank charged me around 30.00 Euros (need to verify the exact amount).
In fairness they offered Paypal as an option but I do not work with Paypal.
I feel Lufthansa should repay the 180 Euros cost of hiring Flightright but my request has been ignored.
I also asked in writting many times why I was not offered a First Class seat on Air France instead of a Business Class seat without response either.
How differently should I have handled this issue?
Thank you Ben and the community for your help understanding the way the issue was handled or not handled.
Better contact a specialized lawyer like Dr. Böse now. You probably are due more than 10,000 EUR downgrade compensation (75% of the applicable first class cash fare on the day of booking).
Thank you.
You had 2 options here…
1) wait for first class flight and apply for EC261 compensation for delay and duty of care in meantime (hotel, etc)
2) take business class flight. But you are also entitled to EC261 downgrade compensation (fare difference between business class and first class) and any delay compensation.
Unfortunately you opted to go the Flightright route at your cost. LH aren’t obliged to pay for this even if they admit...
You had 2 options here…
1) wait for first class flight and apply for EC261 compensation for delay and duty of care in meantime (hotel, etc)
2) take business class flight. But you are also entitled to EC261 downgrade compensation (fare difference between business class and first class) and any delay compensation.
Unfortunately you opted to go the Flightright route at your cost. LH aren’t obliged to pay for this even if they admit after you should have been paid. The €30 fee is another cheeky way Flightright will make a bit more.
Thank you. I was not familiar with what I should have done nor was I familiar with all options.
The take it or leave it Air France downgrade offer from Lufthansa left me without any understanding of what my rights were or were not.
The only reason I flew Lufthansa later was to preserve my access to First Class transportation at a difficult time.
Some people (like Ben) say EC261 is very passenger friendly. In some ways it is. But it is also really complicated. And it’s also very easy for airlines to deny with little penalty hoping you will go away.
Airlines hate it. It’s very expensive for them and they think it is unfair, so they have no incentive to make it easy or clear. So they won’t proactively tell you your rights. Although they have...
Some people (like Ben) say EC261 is very passenger friendly. In some ways it is. But it is also really complicated. And it’s also very easy for airlines to deny with little penalty hoping you will go away.
Airlines hate it. It’s very expensive for them and they think it is unfair, so they have no incentive to make it easy or clear. So they won’t proactively tell you your rights. Although they have to give you a copy of the regulations if you ask (but as I said they are complex and not what you need when you are trying to reschedule your journey).
Part of EC261 is that airlines are supposed to advise you of your rights. But they never do.
Air France doesn’t accept involuntary rebookings from other airlines in La Premiere. It’s not the same as buying another ticket. It’s because often the value of the ( Lufthansa) ticket is less and in the past when Air France has billed them for the actual value they rejected it. Officially AF don’t want La premiere tickets issued by other carriers. Occasionally Delta. Not even KLM
Another useful detail: Only at least one leg has to be operated by an EU carrier to be elegible for EC261 on flights TO the EU.
If you’re flying from Newark to Frankfurt via London, with the first leg being operated by United and the second lag being operated by Lufthansa: Lufthansa would be responsible for all EC261 matters, even if United screws up.
In EC261 doctrine, there is no such thing as a layover....
Another useful detail: Only at least one leg has to be operated by an EU carrier to be elegible for EC261 on flights TO the EU.
If you’re flying from Newark to Frankfurt via London, with the first leg being operated by United and the second lag being operated by Lufthansa: Lufthansa would be responsible for all EC261 matters, even if United screws up.
In EC261 doctrine, there is no such thing as a layover. A "flight" is from origin to destination and may be operated by multiple airlines. In this case United and Lufthansa.
This is very niche knowledge, but I have been successful against Lufthansa in German courts multiple times so far for this exact scenario.
Will you be reimbursed if you book your own hotel?
Only if the airline failed to provide a hotel.
Best practice: Write an email to the airline demanding an hotel with a deadline of 30 to 90 minutes. After the deadline has passed, the airline officially failed to provide the hotel and you can claim back your expenses.
Same goes for meals, alternative transportation, alternative flights with other airlines etc.
As long as costs are “reasonable” they will likely reimburse. Unfortunately reasonable is not a hard definition. Booking a 5 star hotel when a 4, or even 3, star hotel is available may be contested. So something average.
I’ve been stranded in Ibiza in summer during NATS outage. Had to book €600 hotel. BA paid without question in that exceptional case. However normally would aim something around €150 if possible.
Definitely YES. I have done this myself and don't have the patience to wait 2 hours at a customer service desk!
Would a delay/baggage incident stemming from the SPdH/Menzies strike in Portugal be covered under 261? The strike text made it seem like it might be airline only, but maybe I misread it?
@ fordpickup -- Unfortunately it's my understanding that a strike outside the airline (so in this case, a contractor) does not qualify, though someone correct me if I'm wrong.
While a strike by 3rd party doesn't qualify, it can't hurt to apply. My parents got compensated by British Airways when their flight from Nice was cancelled due to a strike by French air traffic controllers.
After digging through the emails, it may be that British reimbursed hotel/meals for two days between the scheduled flight and the one they rebooked for my parents. Maybe it was duty-of-care payment rather than 261 compensation. Either way, getting money from BA was easy.
In the summer of 2024 we were returning to the USA from BCN, connecting at LHR on British Airways. We were traveling in Club Europe and Club World. The BCN to LHR leg was cancelled because the inbound flight from LHR to BCN didn't operate for some reason, so there was no aircraft to take us to London. At BCN the BA agent put us on the afternoon flight to London, and on the next...
In the summer of 2024 we were returning to the USA from BCN, connecting at LHR on British Airways. We were traveling in Club Europe and Club World. The BCN to LHR leg was cancelled because the inbound flight from LHR to BCN didn't operate for some reason, so there was no aircraft to take us to London. At BCN the BA agent put us on the afternoon flight to London, and on the next day's flight back to the USA. We booked our own hotel at LHR. We arrived home 24 hours late. I filed an EC261 claim for both of us with BA along with a claim for the hotel and meals. It took a while, but BA ultimately wired us the money.
To add, if the flight is codeshared with an EU carrier even if operated by a non-EU one from an non EU country to the EU/UK EC261 can also be enforced
So if it’s SFO -FRA operated by United with a +4 hour tech delay you’re also entitled to EUR600 whereas those who booked as UA are not. This was a ruling by the European court of justice.
Naah, you misread it. At least one leg has to be operated by an EU carrier. SFO-LHR-FRA with UA/LH would qualify. SFO-FRA with UA operated would not.
No I have not. If a UA flight is operated and marketed by UA (on a UA tkt) and it is delayed /xxld affected the LH connection EC261 does NOT apply . It can only be enforced if the UA flight was marketed by LH
You cannot tell me that the ECJ can rule EU law applies to a disrupted UA flight operated and marketed by them from a non EC/EEA/UK country !
It is only possible when marketed by LH.
What you are the implying is that the EU has jurisdiction in the USA
INCORRECT. For a flight from a non-EU country to the EU, EC261 looks at the operating carrier, not the marketing or codeshare carrier. If SFO–FRA is operated by United, putting an LH flight number on the ticket does not turn Lufthansa into the operating carrier or make EC261 apply. In Case C-561/20, Q, R and S v United Airlines, EU:C:2022:266, the CJEU specifically treated United as the operating carrier despite the flights being booked through...
INCORRECT. For a flight from a non-EU country to the EU, EC261 looks at the operating carrier, not the marketing or codeshare carrier. If SFO–FRA is operated by United, putting an LH flight number on the ticket does not turn Lufthansa into the operating carrier or make EC261 apply. In Case C-561/20, Q, R and S v United Airlines, EU:C:2022:266, the CJEU specifically treated United as the operating carrier despite the flights being booked through Lufthansa under a codeshare arrangement. EC261 applied in that case because the passengers' journey started in Brussels, not because Lufthansa marketed the United flights. So for a standalone SFO–FRA flight operated by United, I don't see any legal basis for saying a passenger booked under an LH codeshare gets EC261 protection while the passenger sitting beside them booked under the UA flight number does not.
Jack, just to clarify, you're partially correct, on the final outcome for a point-to-point flight, but you may have misread how Case C-561/20 applied there. That case didn't apply just because Lufthansa 'marketed the flight'; it applied because the passengers' trip started inside the EU (Brussels) on a single ticket, which legally tied the whole journey to EC261 regardless of who operated the second leg or whose flight number was on it. (I get it;...
Jack, just to clarify, you're partially correct, on the final outcome for a point-to-point flight, but you may have misread how Case C-561/20 applied there. That case didn't apply just because Lufthansa 'marketed the flight'; it applied because the passengers' trip started inside the EU (Brussels) on a single ticket, which legally tied the whole journey to EC261 regardless of who operated the second leg or whose flight number was on it. (I get it; some of this is in-the-weeds, and I wish it were simpler, but it's still better to have these protections than not.)
Let's be clear, you recently got compensation because of your blog. Try making a dummy claim on AirHelp for same dates, and you would see that due to LHR air traffic control issues that day, no compensation applies.
@ TX -- I can't guarantee if American would've paid out otherwise, due to how airlines often try to get out of it. But the claim I made was 100% legitimate, as it was the late arriving aircraft due to a previous maintenance delay that ultimately caused those issues.
AirHelp is pretty useless in a number of cases I had so far.
40% of my cases would have been rejected by AirHelp but I ultimately won in court (with my own lawyer)
I recently had a situation where I was to fly DFW>ORD>MAD with the transatlantic leg being on Iberia. The inbound flight came in super late causing me to miss my connection at ORD so AA rebooked me on a later flight to MAD on AA metal flight. Do I qualify?
@ Luis -- That's an excellent question. The issue is that regulations are written in a way that is sort of vague, and then the practical rules are determined by the courts over time.
I'm not 100% sure in your specific situation. I suspect it likely wouldn't qualify, since the delay involved a US airline on a non-eligible flight (before flying an EU carrier ex-US), and then you were rebooked on American, though someone correct me if I'm wrong.
Might make a difference if this was an IB or AA ticket.
AA ticket and flight numbers = not eligible.
It’s not vague it is clear.
EC261 applies only to flights to the EU on EU airlines. The delay was caused by a flight outside of the EU carrier’s control. The delayed flight was outside of EC261 (non EU carrier). Therefore outside of the EU carrier’s control. Therefore compensation does not apply. Iberia does owe duty of care.
However, if the DFW-ORD flight was an IB codeshare on AA metal—you booked a IB...
It’s not vague it is clear.
EC261 applies only to flights to the EU on EU airlines. The delay was caused by a flight outside of the EU carrier’s control. The delayed flight was outside of EC261 (non EU carrier). Therefore outside of the EU carrier’s control. Therefore compensation does not apply. Iberia does owe duty of care.
However, if the DFW-ORD flight was an IB codeshare on AA metal—you booked a IB flight number—then that would be EC261 eligible and you could claim compensation.
One clarification regarding the distance. It’s not determined by the distance flown, but rather the distance between the two capital cities of each county.
Good luck to everyone regarding getting money. I’ve flown transatlantic multiple times a year for over 20 years and have had many delays that are eligible for cash compensation. I’ve yet to actually get an airline to pay me.
It’s absolutely not. It’s the distance between city pairs irrespective of the capital. YVR AMS is not based on YOW AMS
Not true. You are getting mixed up with the distance applied for UK Air Passenger Duty. EC261 is based on flight distance.
Let's say you are flying Berlin to Houston. First flight is on LH, gets delayed and you misconnect to United arriving to destination over 5 hours late. Which airline is due compensation Lufthansa or United?
This would be LH.
Very good article as always. Some considerations regarding the compensation:
- in the case of a cancellation, the compensation you're entitled to is based on the delay incurred by the actual arrival time (at the final destination) of the new flight compared to the scheduled arrival time of your original flight
- noteworthy in case of cancellation, if you are rebooked to an itinerary which is scheduled to depart more than one hour...
Very good article as always. Some considerations regarding the compensation:
- in the case of a cancellation, the compensation you're entitled to is based on the delay incurred by the actual arrival time (at the final destination) of the new flight compared to the scheduled arrival time of your original flight
- noteworthy in case of cancellation, if you are rebooked to an itinerary which is scheduled to depart more than one hour EARLIER (at your original point of commencement) that was originally scheduled, this qualifies as a delay
- also, worth noting that if you have a long connection, an inbound flight delayed would trigger absolutely zero compensation if you're not missing your connection
Now regarding the duty of care about "one phone call or email", what I'd generally advise (many airlines are friendly with this) in such cases is to purchase the airline in-flight Wi-Fi and claim it back from the airline on that basis.
"- also, worth noting that if you have a long connection, an inbound flight delayed would trigger absolutely zero compensation if you're not missing your connection"
This is why I SMH at people on travel forums, mostly Reddit, who purposely book longer connections (in Europe), such as avoiding the 1 hr connection and instead book the flight 5 hours later. I'd purposely book it as short as possible and hope for a delay. You'd likely...
"- also, worth noting that if you have a long connection, an inbound flight delayed would trigger absolutely zero compensation if you're not missing your connection"
This is why I SMH at people on travel forums, mostly Reddit, who purposely book longer connections (in Europe), such as avoiding the 1 hr connection and instead book the flight 5 hours later. I'd purposely book it as short as possible and hope for a delay. You'd likely end up arriving at about the same time anyway, and you'd be eligible for the compensation. Just make your plans on the other end around the later arrival.
Best of luck if you transferred in Frankfurt for a flight to Bangkok on Thai Air, and deserve EU261 compensation. . Thai Air is apparently notorious for not paying. After a couple of months, I decided to hire an agency (FlightRight) to get the money back for me.
Lo and behold, Thai immediately claimed that they are already in the process of handling my claim. Oh, really? News to me.
We will see what...
Best of luck if you transferred in Frankfurt for a flight to Bangkok on Thai Air, and deserve EU261 compensation. . Thai Air is apparently notorious for not paying. After a couple of months, I decided to hire an agency (FlightRight) to get the money back for me.
Lo and behold, Thai immediately claimed that they are already in the process of handling my claim. Oh, really? News to me.
We will see what happens.
Interestingly enough, my complaint to the German aviation oversight board, the Luftfahrt-Bundesamt, was sloughed off: they said that. because my route originated outside Germany (i.e., the USA), they won't help.
Anyone ever get Eu261 money out of Thai Airlines? (I could use the encouragement)
So your journey was from US to Thailand connecting in Frankfurt, on the same ticket?
If so, my understanding is that it doesn't qualify, but if they're happy to pay, good for you :-)
It qualifies for EU261. Otherwise, FlightRight would not have spent a minute on it. :-)
Non EU to non EU does not qualify
The journey has to start or finish in the EU/UK unless you had a stopover of 24 hrs plus.
I am surprised FlightRight even took the case as you are not entitled to any comp under EC261.