Air passenger rights: what EU Regulation 261/2004 gives you
Delayed, cancelled or bumped from an overbooked flight? EU Regulation 261/2004 entitles you to care at the airport, a replacement flight or a refund and, in many cases, compensation of up to €600 per passenger.
Updated 21 October 2026 ·Source: Regulation (EC) No 261/2004
At a glance
- When it applies: flights departing from an EU airport, with any airline, and flights arriving in the EU with a European airline.
- How much: €250, €400 or €600 per passenger, depending on distance, if you arrive 3 hours or more late, if your flight is cancelled less than 14 days before departure or if you are denied boarding.
- Always owed: care while you wait (meals, drinks, a hotel if needed) and, when a flight is cancelled, the choice between a refund and a replacement flight.
- When it is not owed: only in extraordinary circumstances. A technical fault or a strike by the airline's own staff does not count.
When Regulation 261/2004 applies
What matters is where the flight departs from and which airline actually operates it, not who sold you the ticket or whose flight number is on it.
| Your flight | European airline | Non-EU airline |
|---|---|---|
| Departs from an EU airport | Covered | Covered |
| Arrives in the EU from outside the EU | Covered | Not covered |
| Neither departs from nor arrives in the EU | Not covered | Not covered |
Iceland, Norway, Liechtenstein and Switzerland count as the EU, as do outermost regions such as the Canary Islands, the Azores, Madeira, Guadeloupe, Martinique and Réunion. Since 2021 flights departing from the UK follow British rules (UK261). On codeshare flights, the airline operating the aircraft is responsible.
Your rights case by case
Delays, cancellations and denied boarding give you different rights. Here is what you are owed in each situation.
Delayed flight
- Compensation if you reach your destination 3 hours or more late.
- Care after 2, 3 or 4 hours of waiting at departure, depending on distance.
- After 5 hours you can give up the flight and get your ticket refunded.
Cancelled flight
- Compensation if you are told less than 14 days before departure, unless the replacement flight has very similar times.
- You choose between a refund within 7 days and a replacement flight.
- Care while you wait for the new flight.
Denied boarding and overbooking
- Immediate compensation if you are left behind against your will.
- A refund or a replacement flight, your choice.
- Care until your new flight leaves.
Downgrading: if the airline moves you to a lower class, you are entitled to a refund of 30%, 50% or 75% of the fare for that flight, depending on distance.
How much you can claim
Compensation is a fixed amount per passenger. It depends on the flight distance, not on what you paid for the ticket.
| Flight distance | Compensation per passenger | Example |
|---|---|---|
| Up to 1,500 km | €250 | Dublin – Paris |
| 1,500 to 3,500 km | €400 | Dublin – Tenerife |
| Over 3,500 km | €600 | Dublin – New York |
For flights within the European Union over 3,500 km, compensation is €400. Each passenger is entitled to it: a family of four on a €400 flight can claim €1,600. With DelayFlight24 you receive the amount minus our 25% + VAT fee: see our service costs
Real examples
Four common situations and what each passenger can claim.
Your flight lands 4 hours late because of a technical fault.
Your first flight leaves late, you miss the connection and reach Singapore 5 hours late.
Your flight is cancelled 5 days before and the replacement gets you there 9 hours later.
At the gate you are told the flight is full and you leave in the evening.
Connections, stopovers and how the delay is measured
Single booking
If all your flights are on the same booking, what counts is how late you reach your final destination. Miss a connection because the first flight was late and arrive 3 hours or more behind schedule? You are entitled to compensation, based on the distance from your first departure airport to your final one.
Separate tickets
If you bought your flights separately, each one is assessed on its own. Compensation is only owed for a flight that arrived 3 hours or more late, and the missed connection is your own risk.
Delay is measured on arrival
Take-off time does not matter, arrival time does: a flight has arrived when the doors open and you can get off. Note the time you left the aircraft or take a photo of the clock.
Flights departing from outside the EU
With a stopover outside Europe, the return leg is only covered if a European airline operates it. A New York → Paris → Rome trip with an EU airline, for example, is covered.
Care at the airport: what the airline must give you
Care is owed even when compensation is not, for example in bad weather.
| Flight distance | Care after |
|---|---|
| Up to 1,500 km | 2 hours |
| 1,500 to 3,500 km | 3 hours |
| Over 3,500 km | 4 hours |
- Meals and drinks in reasonable relation to the waiting time.
- Two free communications: phone calls, emails or messages.
- Hotel and transport if you need to stay one night or more.
- Priority for people with reduced mobility, those travelling with them and unaccompanied children.
If the airline offers no care, you can arrange it yourself at a reasonable cost and claim the money back: keep every receipt.
Refund or replacement flight: how to choose
If your flight is cancelled, you are denied boarding or the delay passes 5 hours, the choice is yours.
Ticket refund
You get back what you paid within 7 days, in cash or by bank transfer. If you were halfway through your trip, you are also entitled to a flight back to your first departure airport.
Replacement flight as soon as possible
The airline must get you to your destination at the earliest opportunity, with another airline or from a nearby airport if needed, paying for the transfer.
A flight on a date of your choice
You can ask to travel later, on a date that suits you, under the same conditions and subject to seat availability.
Choosing a refund or a replacement flight does not cancel your right to compensation, if it is owed. A voucher instead of a refund only counts if you agree to it.
What to do at the airport: six steps
- Ask for the reason for the delay or cancellation at the airline's desk and, if you can, get it in writing.
- Keep your boarding pass and booking confirmation, digital ones included.
- Note your arrival time when the aircraft doors open.
- Ask for meals, drinks and, if needed, a hotel: they are owed even when compensation is not.
- Keep the receipts for everything you pay out of your own pocket.
- Do not sign any waiver and do not accept vouchers instead of money unless you want to.
Extraordinary circumstances: when compensation is not owed
The airline can refuse to pay only if the problem was beyond its control and could not have been avoided. It is up to the airline to prove it.
Compensation is usually owed
Compensation is usually not owed
- Weather that makes flying unsafe
- Air traffic control or airport staff strikes
- Airspace closures
- Security risks
- Medical emergencies on board
Even in extraordinary circumstances, care and, if you give up the flight, a refund of your ticket are still owed. An airline citing one does not mean it is right: we check it for you.
Special cases
Package holidays and charter flights
Compensation is paid by the airline that operated the flight, even if you booked through a tour operator. The tour operator remains responsible for the other parts of the package, such as the hotel and transfers.
Children and people with reduced mobility
Children with a paid ticket have the same rights as adults. People with reduced mobility, those travelling with them and unaccompanied children get priority care.
Flight brought forward
If the airline moves your flight much earlier, it counts as a cancellation: with less than 14 days' notice you may be entitled to compensation.
Lost or damaged luggage
This falls under the Montreal Convention, not Regulation 261/2004. File a PIR report at the airport straight away and claim within 7 days for damage or within 21 days of a delayed delivery.
Passenger rights with the most claimed airlines
Each airline has its own routes and its own way of handling claims: choose yours for the details.
How to claim compensation
You can write to the airline yourself or let us handle your claim: you pay nothing unless we get you compensated.
Check your flight
Enter your route, date and airline: in 2 minutes you know whether you can claim and how much.
We take care of everything
We send the claim, the reminders and, if needed, a formal notice. If the airline refuses, we take legal action.
Get your money
We pay your compensation by bank transfer, minus 25% + VAT. If we get nothing, you pay nothing.
Useful documents
- Boarding pass or booking confirmation
- Messages from the airline about the delay or cancellation
- Receipts for any expenses
- An identity document
Who to contact
If the airline does not reply or refuses, you can report it to the national enforcement body of the country you flew from, such as the Commission for Aviation Regulation in Ireland, or go to court. Time limits are set by each country's law (C-139/11): you are often still in time even for flights from years ago.
Frequently asked questions about passenger rights
Does compensation apply to low-cost flights too?
Yes. The Regulation makes no difference between low-cost and traditional airlines, or between cheap and expensive tickets: only the flight distance counts.
Are children entitled to compensation?
Yes, every passenger with a paid ticket is entitled to their own compensation, children included. People travelling free of charge, as infants on a parent's lap often do, are not.
The airline is offering me a voucher: do I have to accept it?
No. Compensation is owed in money. A voucher can only replace it if you agree to it in writing, so do not sign anything if you would rather have cash.
My flight had a stopover: how is it calculated?
On a single booking, what counts is the delay on arrival at your final destination and the distance between your first departure airport and your final one, even if the delay started on the first flight.
How is the delay measured?
By arrival time, not departure time: a flight has arrived when the aircraft doors open and passengers can get off. That is why it is worth noting the time you left the plane.
How long do I have to claim?
The Regulation sets no deadline: it depends on the law of the country where you make your claim (Court of Justice, C-139/11). You are often still in time even for flights from years ago: enter your details and we will tell you straight away.
The airline has refused: what can I do?
A refusal is not the end of it. You can send a formal notice, contact the national enforcement body or take the airline to court. With us your claim goes on to legal action at no cost to you.
What is the difference between a refund and compensation?
A refund gives you back the ticket price when you give up the flight. Compensation is a fixed €250, €400 or €600 for the disruption. If your flight is cancelled you may be entitled to both.
I booked a package holiday: who do I claim from?
Compensation under the Regulation is paid by the airline that operated the flight, even if the flight was part of a package. The tour operator remains responsible for the rest of the package.
I bought two separate tickets: am I covered?
Each flight is assessed on its own. If the first one is late and you miss the second, compensation is only owed if that first flight arrived 3 hours or more late.
My flight was moved much earlier: do I have any rights?
If the airline brings your flight forward significantly, it counts as a cancellation: with less than 14 days' notice you may be entitled to compensation, plus the choice between a refund and a replacement flight.
How much does DelayFlight24 cost?
Checking your flight is free and you pay nothing upfront. Only if we get you compensated do we keep 25% + VAT: on €250 you receive €173.75, on €600 you receive €417.
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