Every year, millions of flights across Europe are delayed, cancelled, or overbooked. And every year, billions of euros in compensation go unclaimed because passengers don't know their rights.
EU Regulation 261/2004 — commonly known as EU261 — is one of the strongest consumer protection laws in the world. It guarantees fixed financial compensation of up to €600 per passenger when airlines disrupt your travel plans. No receipts needed, no proof of financial loss required.
This is the definitive guide to EU261: who's covered, how much you can claim, what airlines can and can't use as excuses, and exactly how to file your claim.
Who Is Protected by EU261?
EU261 covers passengers on:
- All flights departing from any EU/EEA airport — regardless of the airline (including non-EU carriers like United, Emirates, or Turkish Airlines)
- Flights arriving in the EU/EEA on EU-based carriers — e.g., Lufthansa flying from New York to Frankfurt
| Departure | Arrival | Airline | Covered? |
|---|---|---|---|
| EU airport | Anywhere | Any airline | Yes |
| Non-EU airport | EU airport | EU carrier | Yes |
| Non-EU airport | EU airport | Non-EU carrier | No |
| Non-EU airport | Non-EU airport | Any airline | No |
Note: The EU/EEA includes all 27 EU member states plus Iceland, Norway, Liechtenstein, and Switzerland. The UK has its own equivalent regulation (UK261) with identical rules.
When Can You Claim Compensation?
EU261 applies in three scenarios:
1. Flight Delays (3+ Hours at Arrival)
If your flight arrives at its final destination 3 or more hours late, you are entitled to compensation. The clock starts when at least one aircraft door opens at the gate — not when the plane touches down on the runway.
Key point: The 3-hour threshold is measured at arrival, not departure. A flight that departs 4 hours late but arrives only 2 hours 50 minutes late does NOT qualify.
2. Flight Cancellations
If your flight is cancelled and you were notified less than 14 days before departure, you are entitled to compensation. The rules vary based on notice period:
| Notice Period | Alternative Flight Offered? | Compensation? |
|---|---|---|
| 14+ days before | N/A | No (sufficient notice) |
| 7–14 days before | Departs max 2h early, arrives max 4h late | No |
| 7–14 days before | Outside above window | Yes |
| Under 7 days | Departs max 1h early, arrives max 2h late | No |
| Under 7 days | Outside above window | Yes |
| No notice | N/A | Yes |
3. Denied Boarding (Overbooking)
If you are denied boarding against your will because the airline overbooked the flight, you are entitled to compensation immediately — no delay threshold applies. The airline must also offer you the choice between rebooking and a full refund.
Know your rights — claim what's yours
- Free eligibility check in under 3 minutes
- No win, no fee — we only charge if you receive compensation
- €4.5M+ recovered for passengers across Europe
Compensation Amounts
The compensation is a fixed amount based on flight distance, not ticket price:
| Flight Distance | Amount | Example Routes |
|---|---|---|
| Under 1,500 km | €250 | London → Paris, Berlin → Amsterdam |
| 1,500 – 3,500 km | €400 | London → Istanbul, Paris → Marrakech |
| Over 3,500 km | €600 | London → New York, Frankfurt → Tokyo |
Per passenger — including children with their own seat. A family of four on a cancelled 4,000 km flight? That's €2,400.
50% reduction: Airlines can reduce compensation by 50% if they offer rebooking that arrives within 2 hours (short-haul), 3 hours (medium-haul), or 4 hours (long-haul) of the original scheduled arrival.
What Are Extraordinary Circumstances?
Airlines are exempt from paying compensation when the disruption was caused by extraordinary circumstances — events that could not have been avoided even if all reasonable measures had been taken.
Confirmed Extraordinary Circumstances (No Compensation)
- Severe weather: Heavy storms, volcanic ash clouds, extreme fog (confirmed by actual METAR weather data)
- ATC strikes: Air traffic controller industrial action
- Political instability: War, terrorism, civil unrest in departure/arrival region
- Security threats: Bomb threats, airport evacuations
- Bird strikes: Generally accepted (though increasingly challenged in courts)
- Hidden manufacturing defects: Only if recently discovered and not reasonably detectable through maintenance
NOT Extraordinary Circumstances (Compensation Owed)
- Technical faults: Aircraft mechanical, electrical, or avionics issues — confirmed by CJEU in Wallentin-Hermann (C-549/07)
- Crew shortages: Pilots or cabin crew unavailable due to illness, rostering errors, or duty time limits
- Airline staff strikes: Pilot or cabin crew strikes are foreseeable labour relations issues — confirmed in TUIfly (C-195/17)
- IT system failures: Check-in, booking, or boarding system outages
- Turnaround delays: Cascading delays from tight scheduling
- "Operational reasons": A catch-all term airlines use that has no legal standing as extraordinary
- Fuelling delays: The airline's responsibility to manage fuel supply logistics
- Baggage loading issues: Operational, not extraordinary
Critical rule: The burden of proof is on the airline, not on you. The airline must demonstrate that extraordinary circumstances caused the delay AND that they took all reasonable measures to mitigate it.
Your Rights During the Disruption
Beyond financial compensation, EU261 guarantees immediate care and assistance during the disruption:
Right to Care (Article 9)
| Delay Threshold | Short-Haul (<1500km) | Medium-Haul (1500-3500km) | Long-Haul (>3500km) |
|---|---|---|---|
| Meals & refreshments | 2+ hours | 3+ hours | 4+ hours |
| Hotel accommodation | Overnight | Overnight | Overnight |
| Transport to/from hotel | If needed | If needed | If needed |
| 2 phone calls/emails | 2+ hours | 3+ hours | 4+ hours |
Right to Rebooking or Refund (Article 8)
For cancellations and long delays, you can choose between:
- Full refund of the ticket price (within 7 days) + return flight to origin if mid-journey
- Rebooking on the next available flight to your destination under comparable conditions
- Rebooking to a later date of your choice (subject to availability)
Important: If the airline rebooks you to a lower class (e.g., business to economy), they must refund 30–75% of the ticket price depending on flight distance.
Know your rights — claim what's yours
- Free eligibility check in under 3 minutes
- No win, no fee — we only charge if you receive compensation
- €4.5M+ recovered for passengers across Europe
How to File Your EU261 Claim
Step 1: Collect Your Evidence
Essential documents:
- Booking confirmation with booking reference (PNR/record locator)
- Boarding pass (physical or digital)
- Written reason for disruption from the airline (ask at the gate desk)
- Proof of delay: Screenshot of departure board, FlightRadar24 data, or airline app notification
- Expense receipts for meals, transport, or accommodation during the delay
Step 2: Calculate Your Compensation
Determine the flight distance using a great-circle distance calculator:
- Measure from departure airport to final destination airport
- For connecting flights on a single booking, use origin to final destination
- The distance determines whether you receive €250, €400, or €600
Step 3: Choose Your Filing Method
| Method | Pros | Cons |
|---|---|---|
| Direct to airline | Free | Low success rate (~30%), time-consuming, airlines delay and reject |
| National enforcement body (NEB) | Free, official authority | Very slow (6–18 months), limited enforcement power |
| Claims service (Avioza) | 98% success rate, no upfront cost, handles all escalation | Success-based fee (deducted from compensation) |
| Lawyer | Full legal representation | Expensive upfront fees, overkill for most claims |
Step 4: File and Track
With Avioza: Submit your flight details at our claim form. We verify eligibility instantly, file with the airline, handle all correspondence and escalation, and transfer compensation directly to your account. Average resolution: 6–12 weeks.
Time Limits by Country
The statute of limitations for EU261 claims varies by jurisdiction:
| Country | Time Limit | Notes |
|---|---|---|
| United Kingdom | 6 years | Under UK261 (retained regulation) |
| Ireland | 6 years | Ryanair and Aer Lingus claims |
| France | 5 years | |
| Germany | 3 years | From end of year of the disruption |
| Spain | 5 years | |
| Italy | 2 years | |
| Netherlands | 2 years | |
| Belgium | 1 year | Shortest in Europe |
| Poland | 1 year | |
| Luxembourg | 10 years | Longest in Europe |
Which country's law applies? Typically the country where the airline is headquartered or where the flight departed from. For Ryanair (Ireland): 6 years. For Lufthansa (Germany): 3 years. For KLM (Netherlands): 2 years.
Key Court Rulings That Protect You
These landmark European Court of Justice (CJEU) rulings have shaped EU261 in favour of passengers:
- Sturgeon v Condor (C-402/07, 2009): Passengers delayed 3+ hours at arrival have the same compensation rights as cancelled flights
- Nelson v Lufthansa (C-581/10, 2012): Confirmed the Sturgeon ruling and clarified that long delays entitle passengers to compensation
- Wallentin-Hermann v Alitalia (C-549/07, 2008): Technical problems are NOT extraordinary circumstances
- Van der Lans v KLM (C-257/14, 2015): Even hidden manufacturing defects do not qualify as extraordinary — airlines bear the full risk of aircraft maintenance
- TUIfly (C-195/17, 2018): Airline staff "wildcat strikes" are not extraordinary circumstances
- Pešková and Peška (C-315/15, 2017): Airlines must take all reasonable measures to re-route passengers even if the delay itself was extraordinary
Common Mistakes Passengers Make
Avoid these pitfalls when filing your EU261 claim:
- Accepting vouchers instead of cash. Airlines are required to pay in money. Vouchers are only valid if you explicitly agree to them.
- Missing the time limit. Check the statute of limitations for your airline's home country.
- Not documenting the delay. Always get written confirmation of the delay reason and take a photo of the departure board.
- Giving up after the first rejection. Airlines reject 60–80% of claims initially. Escalation works.
- Filing for the wrong flight. Only the final destination delay matters for compensation — not departure delay.
- Not knowing which regulation applies. Flights from the UK are UK261, not EU261. Same rules, different enforcement body.
Claim Your Compensation Today
Every day, thousands of passengers across Europe are entitled to compensation they never claim. Airlines count on passengers not knowing their rights — or giving up when claims are rejected.
Don't leave money on the table. Whether your flight was delayed, cancelled, or overbooked — check your eligibility now. It takes under 3 minutes, costs nothing, and could put up to €600 back in your pocket.
