Your rights under EU261

What is EU261?

EU Regulation 261/2004 is a law that protects air passengers travelling to, from, or within the European Union. It gives you the right to compensation when your flight is significantly delayed, cancelled, or you are denied boarding due to overbooking. The regulation applies regardless of how much you paid for your ticket and regardless of whether you booked through an airline, travel agent, or third party website.

Which flights are covered?

Any flight departing from an EU or EEA airport, regardless of the airline. Any flight arriving into the EU or EEA, as long as the airline is registered in an EU or EEA country. This includes the UK under equivalent retained legislation (often called UK261). Iceland, Norway, and Switzerland are also covered under the EEA agreement.

What counts as a delay?

You are entitled to compensation if you arrive at your final destination more than 3 hours late. The delay is measured at arrival, not departure. So if your flight departs 4 hours late but makes up time in the air and arrives only 2 hours late, you would not qualify. Conversely, if your flight departs on time but arrives 3 or more hours late due to a diversion, you would qualify.

How much can I claim?

What are extraordinary circumstances?

Airlines can refuse compensation if the disruption was caused by extraordinary circumstances beyond their control. This includes severe weather, air traffic control strikes, political instability, security threats, and bird strikes. However, technical faults, crew shortages, and operational decisions are generally NOT considered extraordinary. Airlines frequently cite extraordinary circumstances even when they do not apply. We check every claim against the actual conditions on the day.

Cancelled flights

If your flight was cancelled with less than 14 days notice, you are almost certainly owed compensation. The airline must have offered you an alternative flight, and even then, compensation may still be due depending on how much later you arrived at your destination compared to your original schedule. If you were told about the cancellation more than 14 days before departure, the airline is not required to pay compensation, but must still offer you a full refund or rebooking.

Denied boarding

If you were denied boarding because the airline oversold the flight and there were not enough seats, this is one of the strongest grounds for a claim under EU261. The airline must offer you compensation immediately, plus the choice between a full refund and an alternative flight. Denied boarding due to overbooking is never considered an extraordinary circumstance.

How far back can I claim?

This depends on the country where the airline is based or where the flight departed from. In the UK, you can claim for flights up to 6 years ago. In most EU countries, the limitation period is between 1 and 3 years. France allows 5 years. If you have an old flight that was disrupted, it is always worth checking.

What should I do at the airport?

Keep all documents: boarding passes, booking confirmations, and any communications from the airline. Ask the airline for the reason for the delay or cancellation in writing. Take photos of departure boards showing the delay. Note the actual time you arrived at your final destination. Keep receipts for any expenses (food, accommodation, transport) as you may be able to claim these separately under the airline's duty of care obligations.