What the Airline Owes You for Delay, Cancellation or Overbooking

If your flight was delayed by 3 hours or cancelled without warning, the airline may owe you between €250 and €600 per passenger. No lawyers, no court – just a fixed amount under European regulation EU261/2004, which has been in force since 2005. By various estimates, around $26 billion in eligible compensation goes unclaimed every year – only about 2% of passengers who qualify actually receive anything. The rest either don’t know their rights or give up after the airline’s first rejection.

When you’re entitled to compensation

Arrival delay

Under EU261/2004, compensation applies when you arrive at your final destination 3 hours or more late. What counts is arrival time, not departure time. And it’s not when the wheels touch the runway – it’s when the aircraft doors open. That’s how the Court of Justice of the EU has interpreted it.

If the plane landed 2 hours 50 minutes late but the doors didn’t open for another 20 minutes, the formal delay is 3 hours 10 minutes. You have a valid claim. Take a screenshot of your phone’s clock the moment you stand up from your seat.
Without that screenshot, proving when the doors opened becomes difficult.

Cancellation

Compensation applies when the airline notifies you of a cancellation less than 14 days before departure. If you were told 14 days or more in advance, there’s no cancellation compensation – but you still have the right to a full refund or a rebooking on an alternative flight.

If you were notified 7-13 days out and offered a rerouting that departs no more than 2 hours earlier and arrives no more than 4 hours later than originally scheduled, the airline may not owe compensation. If notification came less than 7 days before departure, the threshold is tighter: departure no more than 1 hour earlier and arrival no more than 2 hours later.

A separate rule introduced in 2021: if your flight is moved to 1 hour or more earlier than originally scheduled and you’re told less than 14 days in advance, that counts as a cancellation, not a “rescheduling.” Compensation rights apply.

Overbooking

Overbooking is when an airline sells more tickets than there are seats, banking on a certain percentage of no-shows. When everyone shows up, someone gets bumped. It’s legal and happens constantly.

The airline must first ask for volunteers. If you agree to take a later flight in exchange for a voucher or cash, the terms are negotiable – voluntary denied boarding is a negotiation. Involuntary denied boarding is different: fixed EU261 amounts kick in, plus the right to a refund or alternative flight.

Downgrading

If you’re seated in a lower class than your ticket specifies (business → economy, premium economy → economy), the airline must refund part of your ticket price:

• 30% for flights up to 1,500 km
• 50% for flights between 1,500 and 3,500 km
• 75% for flights over 3,500 km

The refund must arrive within 7 days. The downgrade applies only to the segment where it happened – not your entire itinerary if you had connecting flights.

How much you get: EU261 amounts

The amount is halved if the airline offered an alternative flight and you arrived no more than 2 hours late (for flights up to 1,500 km), 3 hours (1,500-3,500 km), or 4 hours (over 3,500 km). If you arrived later than those thresholds, you get the full amount.

Distance is measured in a straight line from the first departure airport to the final destination – not via the actual route with stopovers. For connecting flights, what matters is the final point on your ticket. The amount is the same whether you paid for a business-class seat or a €29 fare – the regulation makes no distinction.

Who the regulation covers

EU261/2004 and ECAA countries

The regulation applies in two situations. First: the flight departs from any airport in the EU – in that case all passengers are covered regardless of which airline is operating, European or not. Second: the flight arrives in the EU from a non-EU country, but only if the carrier is registered in the EU.

Beyond the 27 EU member states, EU261 applies in the three EEA countries – Norway, Iceland, and Liechtenstein – as well as Switzerland. France’s overseas territories (Guadeloupe, Martinique, Réunion, French Guiana) are covered too, as are the Azores, Madeira, and the Canary Islands. Not covered: the Faroe Islands, the Isle of Man, and the Channel Islands. The list of airlines subject to the regulation when flying into the EU essentially matches the list of carriers registered in the European Union.

Passenger nationality doesn’t matter. If you’re flying from Warsaw to Dubai on LOT Polish Airlines and the flight is delayed by 4 hours, you’re entitled to €600 regardless of your passport – the distance is approximately 4,040 km, which puts it in the over-3,500 km bracket.

United Kingdom: UK261

After Brexit, the UK kept EU261 in domestic law – it’s now called UK261. The logic is the same; amounts are in pounds:

• £220 for flights up to 1,500 km
• £350 for flights between 1,500 and 3,500 km
• £520 for flights over 3,500 km

Claims go to the UK’s Civil Aviation Authority (CAA). Since 2024, the CAA has been noticeably more aggressive in pursuing airlines that avoid paying out. The limitation period is 6 years in England and Wales, 5 years in Scotland.

On routes between the EU and the UK, both EU261 and UK261 could theoretically apply – in that case you pick one, not both. Double-dipping isn’t allowed.

Turkey: SHY-Passenger

Turkey has its own regulation – SHY-Passenger from the Directorate General of Civil Aviation (SHGM). It covers flights departing from Turkish airports and flights into Turkey on Turkish carriers. Thresholds are lower than in the EU:

• Domestic flights: delay from 2 hours – €100
• International: 3-4 hours – €250 to €600 depending on distance

The limitation period is just 1 year from the flight date – shorter than in most EU countries. Istanbul and Antalya are major transit hubs between Europe and Asia, which means Turkish rules affect far more travelers than you might expect.

USA: refunds only, no compensation

There’s no direct equivalent of EU261 in the US. In October 2024, the Department of Transportation (DOT) introduced a mandatory automatic refund rule: when a flight is cancelled or significantly changed, the money must be returned automatically without the passenger filing a separate claim – 7 business days for card payments, 20 days for cash. “Significant change” is defined as: a time shift of more than 3 hours on domestic flights or more than 6 hours on international, an airport change, the addition of a connection, a class downgrade, or a switch to a different airline.

That’s a refund, not compensation. The practical difference: for a ruined trip, a US passenger gets their money back – not an additional payment on top. A bill that would have required mandatory cash compensation for delays, considered under the Biden administration in 2024, was withdrawn under the Trump administration in 2025.

The one exception is overbooking. For involuntary denied boarding in the US, the airline must pay up to $1,550. The exact amount depends on how long you wait for the next available flight and the price of your ticket.

Canada: APPR

Canada’s Air Passenger Protection Regulations have been in effect since 2019 and were revised in late 2024. Delay compensation only applies when the delay is within the airline’s control. Amounts vary by carrier size:

• Large carriers (Air Canada, WestJet): CAD 400 / 700 / 1,000 depending on delay length
• Small carriers: CAD 125 / 250 / 500

The deadline to file a claim is 1 year. Complaints are handled by the Canadian Transportation Agency, but as of April 2026, the CTA has a significant backlog – cases can take 12-18 months to process. When decisions do come through, they typically favor the passenger.

Other countries

Outside the EU, UK, Norway, Iceland, Switzerland, the US, Canada, and Turkey, fixed cash compensation schemes for flight disruption are rare. A brief rundown of what exists:

• Israel: Aviation Services Law 2012, delay threshold of 4 hours, amounts from ILS 1,320 to ILS 3,180, limitation period of 7 years
• Brazil: ANAC Resolution 400/2016 covers assistance and refunds; fixed compensation is at the court’s discretion
• India: DGCA Civil Aviation Requirements – INR 5,000-20,000 for cancellations, INR 2,000-8,000 for overbooking

In most other jurisdictions (Asia, the Middle East, Latin America), there’s no legally guaranteed compensation for delays – it’s entirely at the airline’s discretion and subject to fare conditions. But if either end of your route is an airport within the EU261 zone, the regulation applies. A flight from Bangkok to London on British Airways is covered by EU261 – it’s arriving in the UK on a UK carrier.

What the airline must provide at the airport

Cash compensation is a separate process. Before you ever get to that, you have a set of immediate rights you can exercise right there at the airport. Airlines don’t announce these – you need to go to the departure desk or find an airline representative in the waiting area and ask.

If the desk tells you “vouchers aren’t available” or “meals aren’t provided” – cite regulation EC 261/2004, Article 9. That’s usually enough. If it isn’t, keep every receipt for food, taxis, and hotels you paid for yourself because of the delay: those can be added to your main compensation claim.

Compensation isn’t handled on board – that’s ground staff territory. But I’ve seen it hundreds of times: some passengers sit quietly and wait, others walk up to the desk and ask for vouchers – and get them. The airline doesn’t hand these out on its own, especially in the chaos of a delay. Go up, state the regulation number – it works.

@misty_fjord
· Flight attendant, writing about life at altitude

When airlines don’t have to pay: extraordinary circumstances

What counts as extraordinary circumstances

EU261 exempts an airline from paying if the delay or cancellation was caused by “extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.” EU courts have placed the following in that category:

• Severe weather – heavy snowfall, thunderstorms, hurricane-force winds, fog below visibility minimums
• Political instability or armed conflict along the route
• Strikes by airport staff or air traffic controllers (but not the airline’s own employees)
• Airspace restrictions imposed by aviation authorities
• A medical situation on board requiring an unplanned diversion
• Hidden manufacturing defects in the aircraft discovered by the manufacturer
• Bird strike – classified as force majeure following a 2017 CJEU ruling

What does NOT count as extraordinary circumstances

Technical failure of the aircraft is, in most cases, not an extraordinary circumstance – it falls within the airline’s responsibility to maintain its fleet. EU courts have confirmed this repeatedly.

Not force majeure: crew shortages caused by internal reasons (scheduling issues, a pilot illness without a replacement arranged), delays caused by the previous flight on the same aircraft running late (the so-called knock-on effect), or strikes by the airline’s own staff. When a rejection letter says “technical circumstances” or “operational reasons,” that’s often legal cover, not a genuine force majeure claim.

Court data from Germany and the UK shows that when an airline cites technical reasons, passengers win 60-70% of the time.

From the flight deck, the difference is obvious. Scheduled maintenance that ran long because of a technician shortage is not the same as a genuine defect that appeared after landing. Airlines often write both situations the same way in a rejection: “technical reasons.” That’s a legal phrase, not a diagnosis. If you’re delayed, ask for specifics.

@nikavu37
· Boeing 777-300ER captain

How to claim compensation: step by step

Step 1. Documents at the airport

Before you leave the airport, document the following:

• Boarding pass – printed or a screenshot with the time and date. Keep it until you receive payment
• Cancellation or delay notice – a paper notice from the airline, SMS, push notification, or email. Screenshot it the moment you receive it
• Actual arrival time – a screenshot of your phone’s clock the moment the aircraft doors open. Or, if the flight was cancelled, a screenshot of the gate announcement showing the time
• All receipts – food, drinks, taxis, hotels you paid for out of pocket because of the delay. Photograph every one
• The name of the airline staff member if you spoke to someone at the desk – in case you need to reference it later

One condition that often gets overlooked: you must have checked in no later than 45 minutes before the scheduled departure (unless your booking confirmation states a different time). For cancellations, this requirement doesn’t apply. Free tickets or fares not available to the general public (staff travel, internal employee benefit fares) are not covered by EU261. Standard award tickets purchased with loyalty program miles are covered.

Step 2. Claim with the airline

Most major airlines – Lufthansa, Ryanair, easyJet, Air France, British Airways, Wizz Air, KLM – have dedicated EU261 claim forms. Look for “Claims,” “Compensation,” or “Complaints” in the support or customer service section. From February 2026, having an electronic claim channel is a mandatory requirement for all carriers operating within the EU.

If there’s no form, email the support address. Subject line: “EU261/2004 Compensation Claim – Flight [number] [date].” In the body: flight number, route, date, actual arrival time with source, the amount you’re claiming, and your bank details for the transfer.

The airline is obliged to respond. EU261 doesn’t specify an exact deadline, but national regulators expect a reply within 30 days. Ryanair and Wizz Air often respond quickly – but usually with a rejection, so be ready for Step 3.

One important point on codeshares: if you booked with one airline but flew on another (for example, an Air France ticket operated by Delta), the claim goes to the operating carrier, not the airline that sold you the ticket. This is written into EU261 and is something passengers regularly miss.

Step 3. If the airline refuses or goes silent

The next step is free: file a complaint with the national civil aviation authority of the country where your flight departed (or the country where the airline is registered, if it’s an EU carrier). Submit via the regulator’s website:

The complaint goes to the authority of the country your flight departed from. Flying from Barcelona – that’s AESA. From Frankfurt – LBA. If the carrier is registered in a different country than where you departed, you can file with both authorities in parallel.

Limitation periods by country:

• United Kingdom (England and Wales) – 6 years
• France – 5 years
• Spain – 5 years
• Germany – 3 years
• Poland – 1 year
• Turkey – 1 year

The sooner you file, the better. Documents are fresher, airlines can verify the details more easily, and according to AirAdvisor data, claims filed within the first 6 months have a 72% higher payout rate than those filed two years later.

Step 4. Third-party claim services

If you don’t have the time or patience to chase the airline yourself, there are specialized services that do it for you. The model is the same across all of them: you assign them your claim rights, they handle everything up to and including a court filing, and take a percentage of the payout if they win. If they don’t win, you pay nothing.

The two most established players in the European market are AirHelp and Compensair. Here’s how they compare on the key points.

Compensair makes more sense when your case is straightforward, within EU/UK/Turkey jurisdiction, the airline tends to pay without a fight, and you want to keep as much as possible – the 5-percentage-point commission difference and the lower court surcharge add up to €30-60 more in your pocket on a €600 claim. The downside: Compensair is a small team (around 10 people based on UK company filings), and when airlines push back hard, cases can drag on for 12-20 months or get closed at the “force majeure” stage without escalating to court. Also worth knowing: SWIFT bank transfer fees come out of your share – a minor detail, but it’s in their Payment Policy.

AirHelp is the stronger choice when the case is complicated, the airline is openly citing “technical reasons,” or you’re traveling outside Europe – Brazil, Canada, Saudi Arabia, or a US overbooking claim. AirHelp has a network of 50+ partner lawyers, has won cases in the European Court of Justice against both Aeroflot and Lufthansa, and takes cases to court far more often. The cost is a 35% commission and up to 50% if it goes to litigation. The downsides are real too: on a €250 claim for a short-haul flight, you’ll be left with €125 after fees, and the most common Trustpilot complaints mention repeated document requests and occasional settlements at amounts below what you might have secured yourself.

AirHelp+: annual subscription instead of per-claim commission

This is a separate product, not a one-off claim. AirHelp+ is an annual subscription: while it’s active, AirHelp handles your compensation cases with 0% commission across all three tiers. The difference between tiers isn’t about the percentage – it’s about how many trips per year are covered and what additional insurance is included. As of April 2026, there are three levels.

Where the math works. One successful EU261 claim for €400 without a subscription nets you €260 after the 35% commission. With AirHelp+ Lite at €29.99, you keep the full €400 – that’s €110 more than you’d get on the pay-per-claim model. If you also get hit by a 3+ hour delay, the Smart tier at €39.99 pays for itself with the €100 AirPayout alone.

But there are conditions the service doesn’t advertise prominently:

• You must register your trip in your account at least 48 hours before departure – otherwise the Smart and Pro bonuses don’t activate. If you only remembered about the subscription when you’re already standing at the gate during a delay, the bonuses are gone – only the claim handling remains
• The €100 AirPayout is tied to a specific flight being delayed, not to your overall arrival delay. If your first segment is delayed by 2 hours, you miss your connection, and you arrive 5 hours late – technically no single flight was delayed by 3+ hours, so AirPayout doesn’t trigger. This is a catch that shows up repeatedly in user reviews
• Lounge access runs through the LoungeKey/Collinson network. At major hubs (Frankfurt, London, Barcelona, Istanbul) the selection is solid. At regional airports there’s often no eligible lounge at all
• Coverage is per person. If you’re traveling with a partner, the bonuses apply only to the subscription holder – your partner needs their own plan
• Auto-renewal is on by default – you can turn it off with one click in your account before the renewal date

A rough guide to choosing a tier:

• Lite at €29.99 – if you fly occasionally but want to be sure you’re getting 100% of any compensation without doing the commission math. One EU261 win per year covers the cost
• Smart at €39.99 – the best fit for most people. It pays for itself with two or three flights per year in the EU261 zone, especially if you’re flying budget carriers with less reliable punctuality (Ryanair, Wizz Air, easyJet) or have connecting itineraries
• Pro at €99.99 – if you fly 8-10 times a year and don’t already have a premium bank card that includes lounge access. Otherwise, a significant portion of the benefits overlaps with what you’re already getting

Six mistakes that cost passengers money

Not documenting the arrival time. You have the boarding pass, but nothing to prove the doors opened 3 hours and 5 minutes late. Take a screenshot of your phone’s clock the moment you stand up from your seat.

Signing for a voucher instead of cash. For a delay of 3+ hours or a cancellation, you’re entitled to a cash payment. A voucher (discount on a future flight, bonus miles) can only be accepted voluntarily. If airline staff ask you to “sign this form to speed things up” – read what you’re signing. Signing a voucher agreement can block a subsequent cash claim.

Assuming EU261 only applies to EU citizens. The regulation covers the flight, not the passport. An Australian citizen flying from Amsterdam on KLM has exactly the same rights as a German on the same flight.

Filing based on departure delay rather than arrival delay. If the departure was delayed by 2 hours but the flight made up time and you arrived only 2 hours 50 minutes late, there’s no compensation. If you arrived 3 hours or more late – there is, even when the departure delay was minimal (for example, due to a weather diversion near the destination).

Losing documents on connecting itineraries. If a delay on the first segment caused you to miss a connection and you arrived at your final destination 3+ hours late, EU261 applies to the total delay – provided both flights were on a single booking or codeshare. You’ll need boarding passes for every segment.

Missing the limitation period. In Poland and Turkey, it’s just 1 year. In Germany, 3 years. In the UK, 6. Filing earlier isn’t just more convenient – statistically, it improves your chances.

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