Flight disruptions and your rights
EU 261/2004 is the strongest passenger-protection law in commercial aviation. Most travelers don't know they're owed compensation; airlines rely on this. This guide is what every passenger should read once.
When EU 261 applies
You're covered if any one of these is true:
- Your flight departed from an EU/EEA airport (any airline).
- Your flight landed in the EU/EEA on an EU/EEA-registered airline.
- The UK has equivalent rules (UK 261), applied identically. Iceland, Liechtenstein, Norway, Switzerland are also covered (EEA + bilateral).
What you can claim — the table
| Distance | Delay 3–4h | Delay 4h+ or cancelled |
|---|---|---|
| Up to 1500 km | €250 | €250 |
| 1500–3500 km / intra-EU >1500 km | €400 | €400 |
| 3500+ km extra-EU | €300 | €600 |
Plus: meals, refreshments, two phone calls or emails, accommodation if delay > 5 hours, free transport from accommodation back to the airport.
"Extraordinary circumstances" — what does and doesn't count
The biggest source of disputes. Airlines try to label everything as extraordinary.
Counts as extraordinary (no compensation due):
- Severe weather (storms, blizzards, fog meeting safety thresholds).
- Air-traffic-control strikes (third-party).
- Bird strikes, lightning damage.
- Hidden manufacturing defects discovered after take-off.
- Political instability, security threats, evacuations.
- Volcanic ash, terrorist warnings.
Does NOT count (compensation due):
- Crew sickness or staff shortage.
- Routine technical defects discoverable in maintenance (Wallentin-Hermann ruling).
- Airline's own employee strike (Krüsemann ruling).
- "Operational reasons" without specific cause.
- Late aircraft from previous rotation, unless the previous flight was hit by extraordinary circumstances.
How airlines try to escape paying
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Claim "extraordinary circumstances" without specifics
The burden of proof is on the airline. If they refuse to specify what made the disruption extraordinary, your case is strong.
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Offer vouchers instead of cash
You're entitled to cash compensation by EU regulation. Vouchers are optional and you can refuse. If you accept a voucher, your right to cash is generally extinguished — read the fine print.
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Delay the response past statutory deadlines
Airlines have 2 months to respond before you can escalate. Many simply don't reply, hoping you give up. Track every claim with a written deadline.
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Argue you were rerouted in time
If you arrived less than 3 hours late at the final destination, no compensation is due. Be clear about the actual delay at arrival, not at departure.
How to claim — step by step
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Gather evidence
Boarding pass, booking confirmation, screenshot of delay/cancellation message, receipts for any expenses.
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File via the airline's website
This is mandatory before escalation. Use the airline's compensation form (usually under "Customer Care" or "Help"). The airline has 2 months to respond.
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Escalate if denied
National Enforcement Body (NEB) — UK CAA, German LBA, Czech ÚCL, etc. They mediate but cannot force payment. After NEB, small-claims court is the next step.
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Or use a claims service
AirHelp, Click2Refund, Flightright, RefundMore — they take 25–35 % of the award but handle paperwork and lawsuits. Useful for cases that need litigation.
Time limits
Statute of limitations varies by country: 1 year (Belgium), 2 years (UK Montreal Convention claims), 3 years (most EU including Germany), 5–6 years (Czech Republic, France, Spain). Always file ASAP — airlines argue time bars whenever they can.