Your Right to Compensation Under EU261
If your flight departed from an EU (or EEA/UK-equivalent) airport on any airline, or arrived in the EU on an EU-based carrier, and you reached your final destination three hours or more later than scheduled, you are entitled to fixed compensation under Regulation (EC) 261/2004 ("EU261") regardless of your ticket price.
The amount depends on the flight distance, not on how late you actually were beyond the three-hour mark — a flight that’s 3 hours late pays the same as one that’s 12 hours late, for a given distance.
Compensation Tiers
Fixed EU261 amounts by flight distance (Source: Your Europe / European Union; AirHelp)
Up to 1,500 km
€250 fixed compensation per passenger.
1,500 km – 3,500 km
€400 fixed compensation per passenger.
Over 3,500 km
€600 fixed compensation per passenger.
If You Flew Within, Into, or Out of the United States
There is no US federal law requiring cash compensation for a delayed flight, and that is a real, important difference from the EU regime — don’t assume EU261-style money is coming.
What US law (via the Department of Transportation) currently guarantees: an automatic cash refund — not a voucher, unless you choose one — if your flight is cancelled or "significantly changed" (domestically, more than 3 hours later/earlier than scheduled; internationally, more than 6 hours) and you no longer want to fly. This has to be issued automatically, promptly, and to your original payment method; airlines can’t force you to request it or accept a credit instead. This rule took effect in stages through 2024.
Through DOT’s Airline Customer Service Dashboard (flightrights.gov), the ten largest US airlines have committed — as a matter of policy, not law — to rebooking on the same airline at no cost and, for most, to covering meals and hotel stays when the delay/cancellation is the airline’s fault. A few airlines have separately agreed, after DOT pressure, to provide at least modest travel credit (commonly cited around $50) for controllable disruptions — but this is airline-specific, not a universal entitlement, and it is credit/vouchers, not cash, for most carriers.
DOT had proposed a formal cash compensation rule in late 2024 (a tiered $200–$775 structure depending on delay length), but that rulemaking was shelved in November 2025 and is not in effect. Don’t rely on a US cash-compensation right existing — check flightrights.gov for the current, airline-specific dashboard commitments before you fly and again before you file a claim. verify current dashboard commitments at time of filing, since individual airline policies change
Note: denied boarding due to overbooking is a separate, better-established US right under 14 CFR Part 250, with mandatory cash compensation formulas — that’s a different scenario from a delayed-but-not-oversold flight and is covered on the denied-boarding-compensation page.
When the Airline Doesn’t Have to Pay: "Extraordinary Circumstances"
Airlines can refuse compensation if the delay was caused by "extraordinary circumstances" outside their control — genuine safety-related air traffic control restrictions, severe weather, security threats, or strikes not called by the airline’s own staff. This exception is narrower than most airlines present it as.
The EU’s top court settled this in Wallentin-Hermann v Alitalia (Case C-549/07, 2008): a technical fault is not automatically "extraordinary." The court set a two-part test — the event must not be inherent in the normal exercise of an airline’s activity, and it must be genuinely beyond the airline’s control. Routine mechanical problems, and anything traceable to inadequate maintenance, do not qualify, even if the airline followed minimum maintenance rules — following the minimum isn’t proof that "all reasonable measures" were taken.
In practice, most delays caused by "the plane broke" or "the previous rotation ran late" are compensable; delays from a lightning strike, a bird strike causing structural damage, air traffic control ground stops, or an unexpected security lockdown usually are not.
How to Claim It, Step by Step
What to do, in order, and what happens at each stage
Confirm which regime applies and estimate your entitlement
Check your departure and arrival airports and the operating carrier against the EU261 criteria above. If EU261 applies, calculate the tier from the great-circle distance between your first departure and final arrival airport, not each individual leg if you connected.
Gather your documents before you contact anyone
You’ll need: your booking confirmation/ticket number, boarding pass or e-ticket, the airline’s own notice or app message about the delay/cancellation (a screenshot with a timestamp is fine), and receipts for any meals, hotel, or replacement transport you had to pay for yourself. If your bag was also delayed or lost, keep that claim separate — it’s governed by the Montreal Convention, not EU261.
File a written claim directly with the airline first
EU261 requires you to give the airline the chance to pay before you escalate. Use the airline’s own claim form if it has one; otherwise send a dated letter or email with your flight number, date, the scheduled vs. actual arrival time, the amount you’re claiming under EU261, and your bank details for payment. Airlines generally have up to two months to respond before you can escalate. Keep a copy of everything you send.
If the airline refuses or goes silent, escalate to the National Enforcement Body (NEB)
Escalate to the NEB for the country where the disruption occurred (usually the departure country) — for example Germany’s Luftfahrt-Bundesamt, France’s Direction Générale de l’Aviation Civile, or the Netherlands’ Inspectie Leefomgeving en Transport. Send the NEB your original complaint to the airline and its response (or lack of one). Most NEBs will issue a non-binding opinion rather than force payment directly — which is why the next step exists.
If the airline still won’t pay, go to small claims court or use a no-win-no-fee claims agency
You can go to small claims court (or your national equivalent, e.g., the UK’s Money Claim Online) yourself, or use a no-win-no-fee claims agency. Claims agencies (AirHelp, Flightright, and similar) will handle the correspondence and any court action for you, but typically take a 25–50% commission of the compensation if they win — worth it if you don’t want to deal with a foreign-language process or possible litigation yourself, but you keep more of the money doing it directly if your case is straightforward and well-documented.
For US-covered flights, use the DOT complaint portal
Use transportation.gov/airconsumer if the airline won’t honor its refund obligation or a dashboard-listed commitment; there is no NEB-style compensation escalation because there’s no underlying cash-compensation law to enforce for a plain delay.
Documents to gather
- Booking confirmation and ticket number
- Boarding pass or e-ticket
- The airline’s notice or app message about the delay/cancellation (timestamped screenshot is fine)
- Receipts for meals, hotel, or replacement transport you paid for yourself
Timelines and Limitation Periods
Your window to bring an EU261 claim is set by national law where you file, not by the EU regulation itself, and it varies significantly.
Because these periods differ by filing country and claim type, confirm the current period for your specific country before assuming you’re still in time — don’t let an old blog post be your only source for a filing deadline. (Source: SkyRefund, "What’s the EU Flight Delay Compensation Time Limit"; Flightright, "Flight delay compensation deadline".)
| Jurisdiction | Limitation Period |
|---|---|
| United Kingdom | 6 years |
| Spain | 5 years |
| Germany | 3 years (from the end of the year the flight took place) |
| Italy | 2 years international / 1 year domestic verify — sources vary; confirm against current Italian civil code interpretation before relying on the 1-year domestic figure |
| Netherlands | 2 years |
| Czech Republic | Airline must be notified within 6 months, separate from the court-filing deadline verify |
Realistic Outcomes and Caveats
Most straightforward EU261 claims — clear delay, no obvious extraordinary-circumstances defense, complete documentation — are paid by airlines within the two-month response window or shortly after NEB involvement.
Contested claims (airline invokes extraordinary circumstances, disputes the distance tier, or disputes your final-destination arrival time) can take months to a year or more if you end up in court or arbitration.
This page, and the linked calculator, can estimate what you’re likely owed under the fixed EU261 tiers — it cannot predict whether a specific airline will accept, dispute, or drag out your specific claim, and it is not a guarantee of payment.
Common Pitfalls
Confusing delay with cancellation rules
A cancellation notified less than 14 days before departure has its own compensation logic (largely mirroring the delay tiers, but with some rebooking-time exceptions) — don’t apply the delay analysis blindly if your flight was actually cancelled.
Measuring the wrong arrival time
EU261 looks at when the aircraft doors actually opened at your final destination, not when it landed — a delay just under 3 hours by landing time can still qualify if door-opening pushed it over.
Assuming a voucher offer is your only option
Airlines often offer a travel voucher first; you’re not obligated to accept it in place of your EU261 cash entitlement.
Missing the airline-first step
Going straight to an NEB or court without giving the airline the initial chance to pay can get your complaint bounced back to square one.
Assuming US rules mirror EU rules
There is currently no US cash-compensation mandate for ordinary delays; don’t build a claim strategy around an entitlement that doesn’t exist yet.
Estimate Your Compensation
Use the calculator to estimate your EU261 tier from your flight distance, then follow the step-by-step claim process above.
Prepare Your Flight Record
Use source records and dated facts first, then add questions for later review.
This stays in your private workspace until you choose a next step. It does not submit a claim to any airline or authority on its own.
Official and Legal References
EU261 vs. US Rules
EU261 gives a fixed cash entitlement once a 3-hour delay threshold is crossed, subject to the extraordinary-circumstances defense. The US currently has no equivalent cash-compensation law for ordinary delays — only automatic refund rights when you no longer want to fly, plus airline-specific, non-binding dashboard commitments. Always confirm which regime applies to your specific itinerary before estimating what you’re owed.
Frequently Asked Questions
Real edge cases, answered in plain language
Does a connecting flight count from my first departure or each leg?
What if the airline blames weather but the rest of their schedule flew fine that day?
Can I claim if I accepted a rebooked flight and it also arrived late?
Estimate Your Compensation
Use the calculator to estimate your EU261 tier from your flight distance, then follow the step-by-step claim process above.