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Key Points about Flight Delay Compensation Rights
The EU Air Passenger Rights Regulation outlines the guidelines for compensation due to flight delays, covering all flights departing from EU airports and those arriving on EU-registered airlines.
Post-Brexit, this regulation was adopted into British law as UK 261/2004, ensuring that passengers can still claim flight delay compensation under the same criteria.
At AioFlight, we leverage these regulations to secure compensation for delayed flight arrivals on your behalf. Learn more about these laws on our website to understand your rights before you travel and know what to expect if delays occur.
Under EC 261 regulations, you may be eligible to claim up to €600 in flight delay compensation if…
Your rights when flight is delayed
How much compensation can you get for flight delay?
For flights under EU law EC 261, if your delay exceeds 3 hours, you may be eligible for compensation based on flight distance:
Distance | Less than 3 hours | 3 – 4 hours | More than 4 hours | Never arrived |
---|---|---|---|---|
1,500 km or less | ||||
Internal EU flights over 1,500 km | ||||
Non-internal EU flights 1,500–3,500 km | ||||
Non-internal EU flights over 3,500 km |
Compensation is determined by the flight distance and delay duration.
How Delayed Flights are calculated?
When claiming compensation for a flight delay, the key factor is the time you actually arrive at your final destination. Even if your flight departs late, the airline might be able to make up some time in the air, so it’s the actual arrival time that matters.
What is “Arrival Time”?
In a 2014 European Court of Justice ruling (case C-452/13), it was established that the “arrival time” is when the aircraft reaches the gate and passengers are allowed to exit. This might be different from the time your plane actually touches down, so be mindful of this when making a claim.
Therefore, if your flight is delayed for 3 hours or more by the time you reach your destination, you may be eligible for compensation under EU regulations. Keep track of your exact arrival time to ensure you claim the compensation you deserve.
Flight delay compensation depends on both the length of the delay and the distance of your journey. If your flight covers over 3,500 km, you may be eligible for the highest compensation available.
What You’re Entitled to for Delays Over 2 Hours
If your flight is delayed by more than two hours, the airline is required to provide assistance such as food, drink, and other refreshments to make your wait more comfortable. However, compensation for delays under three hours is generally not available.
Find out how much compensation you can claim based on your flight’s distance and the length of your delay with AioFlight.
Calculate your compensation for delayed flights for free!
Are all Delayed Flights covered by EC 261 law?
Most flights within Europe are covered by EC 261, but it’s important to understand the full scope of this regulation. It applies not only to EU airspace but also to countries like Iceland, Norway, Switzerland, and the outermost regions of the EU, such as French Guiana, the Canary Islands, Madeira, and the Azores.
A common misconception is that EC 261 only applies to flights within Europe. However, this is not true. The regulation covers:
- Flights departing from any airport within the EU.
- Flights departing from outside the EU but operated by an EU airline.
Coverage Breakdown:
Itinerary | EU Airline | Non-EU Airline |
---|---|---|
From inside the EU to inside the EU | ||
From inside the EU to outside the EU | ||
From outside the EU to inside the EU | ||
From outside the EU to outside the EU |
So, whether you are flying within Europe or from outside the EU with an EU airline, you’re typically covered for compensation under EC 261.
Every year, millions of air passengers miss out on compensation owed under European Regulation EC 261.
Airline Compensation and Extraordinary Circumstances
Under EC 261 regulations, airlines are not required to pay compensation if a flight delay is caused by extraordinary circumstances.
What Are Extraordinary Circumstances?
Extraordinary circumstances refer to events that are beyond the airline’s control, such as:
- Severe weather conditions (e.g., storms, snow)
- Lightning strikes
- Medical emergencies
- Strikes by airport workers
- Air traffic control restrictions
- Political unrest
- Acts of terrorism, etc.
These situations are typically considered unavoidable, and the airline cannot be held accountable for the delay.
Do Airline Strikes Count as Extraordinary Circumstances?
In a significant ruling in March 2021, the European Court of Justice determined that strikes by airline staff do not qualify as extraordinary circumstances. This means that if a flight delay is caused by an airline staff strike, the airline is still obligated to provide compensation under EC 261.
In short, while certain external factors like bad weather may exempt airlines from compensation, strikes involving the airline’s own staff do not.
Flight Delay Compensation for Business Travelers and others
Many business travelers assume that their employer is entitled to compensation for flight delays during work trips, but this is not the case.
Under EU Air Passenger Rights Regulations, it is the passenger — not the person or entity that paid for the ticket—who is entitled to compensation for a delayed flight. This applies to all passengers, whether they are traveling for business or personal reasons.
This principle holds true for major flight disruptions, including delays, cancellations, and overbooking, regardless of whether the traveler is an employee of a private-sector company or a public official.
In other words, if you’re the one who has experienced the inconvenience, you are the one who can claim compensation.
Flight Delay Compensation payment method
When your flight is delayed, airlines may offer compensation in the form of flight vouchers. However, according to EU regulations, compensation must be provided in cash, via electronic transfer, or by check. You are not obligated to accept vouchers unless you choose to
Compensation for Missed Connecting Flights
A missed connection is treated similarly to a flight delay under EC 261. If you arrive at your final destination more than 3 hours later than expected due to a missed connection, you may be eligible to claim up to €600 in compensation.
For more detailed information about claiming compensation for missed connections, please refer to our dedicated missed connection advice page.
Claim your right to compensation with AioFlight.
How to get flight delay compensation
Steps to Take if your Flight is Delayed
If you’ve just learned that your flight is delayed, stay calm and follow our simple step-by-step guide to make the best of the situation.
Remember, this doesn’t impact your eligibility for compensation, which you may still be entitled to claim.
How to Claim Flight Delay Compensation with AioFlight
We understand that many passengers don’t have the time or energy to navigate the complexities of claiming flight delay compensation. That’s where AioFlight steps in to help.
Why Choose AioFlight:
Let AioFlight take care of the hassle, so you can focus on your travel plans!
Have AioFlight claim your compensation
Documents you need to Claim Flight Delay Compensation
When it comes to filing a claim for flight delay compensation, airlines may have different requirements and procedures. To ensure your claim goes smoothly, it’s essential to keep all documents related to your flight, especially if you experience a delay.
One of the key benefits of working with AioFlight is our expertise in handling these claims. We know exactly what documents are needed for each airline, so we’ll guide you in gathering the necessary paperwork when you start your claim.
If you decide to file directly with the airline, be prepared for potential delays or resistance. While EC 261 protects your rights, airlines may not always be quick or eager to pay out compensation. To improve your chances of success, make sure you have all the relevant documentation in order.
Tools to Help You Claim Flight Delay Compensation
Online Eligibility Checker: With just a few clicks, you can easily check if you’re eligible for compensation. If you qualify, we’ll help you turn your delayed or canceled flight into a reimbursement claim.
Once you’ve confirmed your eligibility through our checklist, you can confidently move forward and claim compensation for your delayed flight. Let AioFlight handle the complexities while you get the compensation you deserve.
What Else Does the Law Cover?
If you find yourself stuck waiting for your flight to get back on track, European law (EC 261) outlines several rights and protections that you are entitled to based on the specifics of your flight delay. Here’s what you need to know:
Communication
According to EC 261, your airline is required to provide you with access to communications during the delay. This includes offering you the ability to make two telephone calls, send fax messages, or use email.
Food and Drink
The law also ensures that you are given food and drink depending on the length of your delay:
- Flights under 1,500 km: You’re entitled to meals and refreshments after a 2-hour delay.
- Flights between 1,500 km and 3,500 km: You’re entitled to meals and refreshments after a 3-hour delay.
- Flights over 3,500 km: You’re entitled to meals and refreshments after a 4-hour delay.
Accommodation
If your flight delay requires you to stay overnight, the airline must provide you with a hotel room and arrange transportation to and from the hotel.
Refund or Alternative Flight
If your flight is delayed by more than five hours, you’re entitled to either a full or partial refund of your original ticket. Additionally, if you no longer wish to continue your journey, the airline must offer you a return flight to your point of departure.
Upgrading and Downgrading
If you’re offered an alternative flight and you’re lucky enough to be upgraded, the airline cannot charge you anything extra. On the other hand, if the alternative flight is in a lower class, you are entitled to a reimbursement of 30-75% of the price you originally paid for your ticket.
Further Compensation
Even if you receive compensation under EC 261 for your delayed flight, this does not affect your right to request additional compensation if applicable. However, if you voluntarily surrendered your reservation, this rule doesn’t apply. Keep in mind that any amount you receive under EC 261 may be deducted from any further compensation you’re eligible for.
By knowing your rights and the protections afforded to you under EC 261, you can ensure that you’re properly compensated during your flight delay.
If your flight was delayed, canceled or overbooked within the last 3 years, you could be eligible for up to €600 in compensation.
International Flight Delay Compensation Regulation
Flight Delay Compensation in the US
Unlike Europe, the United States does not have a comprehensive set of air passenger rights specifically covering flight delays. However, if you are flying to or from Europe, you are likely covered by EC 261, which protects your right to compensation for delayed flights.
For tarmac delays — delays occurring after boarding — the US does have specific regulations. In such cases, airlines are required to provide passengers with information, food, and water. However, passengers are not entitled to compensation for the delay under US law.
Global Flight Delay Regulations: The Montreal Convention
The Montreal Convention, signed by over 140 countries, including the USA, establishes certain rights for air passengers affected by flight disruptions, including delays. Under this international agreement, passengers may be entitled to compensation for “damages” caused by delays. For example, if a delay forces you to incur additional expenses, such as an extra night in a hotel, you may be entitled to reimbursement.
The Montreal Convention is designed to help ensure that passengers are financially protected in the event of a flight disruption, covering various situations, including delays and cancellations.
Time Limits for Filing Claims
Filing your compensation claim soon after your travel date increases the chances of success, ideally within 2-3 years. This ensures that supporting evidence, like receipts for meals or expenses, remains accessible.
UK claims are governed by the UK Limitations Act 1980, Section 9, allowing up to six years from the date of travel or cancellation to file. However, it’s best to initiate your claim promptly to strengthen your case.
Country | Limitation period |
---|---|
Austria | 3 years |
Belgium | 5 years |
Bulgaria | 1 year |
Croatia | 3 years |
Cyprus | 6 years |
Czech Republic* | 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 |
Czech Republic: Air passengers must notify the airline within the first 6 months after a flight disruption. If they do, the claim remains eligible for up to 3 years.
Germany: The limitation period ends on the last day of the third year. For example, if a flight occurred on February 25, 2016, the claim would expire on December 31, 2019.
Sweden: If air passengers inform the airline within the first 2 months following a flight disruption, their claim can be valid for up to 10 years.
Delayed Flight?
Frequently Asked Questions about Flight Delay Compensation
If you were flying to or from the UK, the EU, or Brazil, you might be eligible for compensation for a delayed flight.
To determine if you can claim compensation in Europe, ensure that:
- You arrived at your destination at least 3 hours late (2 hours for flights in Brazil).
- The delay was not due to extraordinary circumstances beyond the airline’s control.
Check your eligibility and take action to claim what you’re owed.
Recent flight delays
Experiencing a flight delay that’s not due to strikes or adverse weather? Locate your delayed flight in our table, verify your eligibility for compensation using our claim check tool, and let AioFlight handle your claim on your behalf.
Date | Airline (Flight number) | Route | Status | Your compensation |
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