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We’ve all been there: those days when flight delays rack up until next thing you know, you made it to your intended destination hours later than expected. That’s frustrating — and in many cases, disruptive! — but if you’re traveling to or from Europe, you may be eligible to file an EU flight delay claim to get compensation for your troubles.
Regulation EC 261/2004, better known as EU 261, establishes compensation and protection for travelers who experience flight delays, cancellations, or denied boarding for travel in the European Union. It’s meant to hold airlines accountable for delays that were in their control.
Essentially, long delays and cancellations can lead up to 600 euros in compensation!
EU Flight Delay Rules
EU 261 covers a broad spectrum of passenger rights, but for the purposes of this article, I’m focusing only on your flight delay rights (which I believe is the most common aspect of the regulation).
To start, consider these main takeaways:
- If you are flying to or from the EU (or even just connecting through there) and there is a flight delay of 3+ hours, you may be eligible for compensation. It will not be automatically given to you, BUT if you’re delayed, you can ask at the airport for a print-out of your rights and then file a claim at home. You have to know to request it!
- Compensation only applies if the delay was based on something in the airline’s control, so things like bad weather do not count.
- If the airline preemptively offers you something, make sure it is the best you are eligible for so you don’t accidentally disqualify yourself from a better offer.
- Save all paperwork including boarding passes, ticket numbers, and any expense receipts from the delay in case you need it to file a claim.
As long as you understand the general concept, you can always look into the fine details later!
So, What Financial Compensation is There for EU Flight Delays?
The amount of compensation depends on how long the delay is and how far you are flying.
Keep in mind: if the airline re-books you on a different flight that’s on a similar schedule to your original flight, you might not be eligible for compensation. On the bright side, you got to your destination as expected!
Some of the Major Fine Print
As far as I’m concerned, most of the fine print is perfectly reasonable.
You, the traveler, need to be traveling on a publicly available fare and you need to check in properly and show up at the airport for the airport.
The biggest piece of fine print: the delay had to have been caused by something fully in the airline’s control. Weather DOES NOT COUNT. If there’s an outage with air traffic control systems, it does not count. If baggage staff are on strike, it does not count.
The fine print that everyone overlooks:
- Only E.U. based airlines are required to uphold EU 261 for flights to Europe (like New York – Frankfurt)
- All airlines flying from Europe (like Frankfurt – New York) are bound by EU 261
- If you’re connecting through Europe, you have to break it up by segment (like New York – Frankfurt – Johannesburg; each segment may fall under different rules)
What does that mean? If you fly to Europe on a European airline like Lufthansa or Iberia, you’re covered in both directions. But if you’re flying on a non-European airline like Delta or Emirates, you’re only covered when you depart Europe.
My Flight Delay Experience
I knew something was wrong when my flight hadn’t started boarding even though we were supposed to depart in 35 minutes.
Next thing I knew, the gate agents were announcing a mechanical delay of “at least two hours, but it could be longer”. All said and done, we left Amsterdam more than four hours late.
In my case, the airline handled the in-airport experience quite poorly. Gate agents flat-out refused to rebook anyone who knew they’d miss their connection because of the delay, which meant most travelers just sat in the airport worrying about how they’d get home.
The smartest travelers were proactive: the airline website and app allowed free rebookings if you did it independently and for complicated rebookings (like mine), phone agents were available and helpful. Remember, no one will advocate for you better than yourself!
>>>>> Related Post: 8 Secrets to Coping with Flight Delays
Additionally, EU261 states that airlines are supposed to provide food and drink during flight delays. In my case, the airline came around with cookies. That’s not a great substitute for a real meal — not to mention there was no beverage to speak of. Theoretically, I could have put up a fight or been refunded for the €13 I spent on food and drink at the airport during the delay, but that wasn’t worth my energy.
Also worth noting: when I arrived in Newark, I had an automated email from the airline saying “We’re sorry. Click here to accept compensation.” I was happy to have an immediate acknowledgement of the issue, but disappointed when I was offered $100 in vouchers or 5,000 miles. EU 261 offers far more than that, as long as you know to ask for it!
How to File an EU 261 Flight Delay Claim
Like all complaints, you’re best off by sticking to the facts and keeping things polite. You’ll want to share pertinent information without rambling and include back-up materials whenever possible (like screenshots and receipts).
In general, you’ll probably have the best luck dealing with someone in person before you ever leave the airport. Airport staff are usually already aware of the delay, so there’s less to catch them up on. In clear-cut cases, you may even leave the airport with cash in hand! For my own delay, none of the agents at my departure or arrival airport were willing to help me, so I had to reach out by email instead.
Sample EU Flight Delay Claim Letter
I was recently on Flight 456 from YYY-ZZZ on July 1 (Record locator ABC123 and ticket number 0123456789). The flight departed over 4 hours late, due to a mechanical issue. Both ground staff and flight crew acknowledged the technical problems and delays and confirmed we were eligible for compensation. Therefore, I am writing to formally request compensation under EC 261/2004. A check may be mailed to the address submitted with this form.
A screenshot of our departure delay (from the airline app) is attached.
As always, I appreciate all of the excellent service I receive on Preferred Airline.
Thank you,(You can also fill out and attach this complaint form if you’d like to cover all bases).
I got an auto-response that someone would get back to me in 7 business days, which felt like an eternity. Sure enough, in less than a week, someone acknowledged that I qualified for compensation under EU 261 and gave me several options:
- 600 euros, as expected, paid by check in 4-6 weeks
- US $900 in airline vouchers, sent within 24 hours
- 27,500 airline miles (which I valued at about $400)
I chose the vouchers, since I was 100% confident I could use them and wanted the immediate payout rather than having to keep track of records for another six weeks until I got a check in the mail. For many people, the cash may be the best option since there are no expiration dates or strings attached.
When is it worth it to use a service to file your flight delay claim?
If you can’t find a customer service email or if your case isn’t clear cut, you may want to look into hiring a service to help you. These services will file the claim on your behalf, and if needed, fight the case in court. You don’t have to do anything.
Generally speaking, you don’t pay anything upfront to use one of these services, but they will automatically take a 25% cut of your compensation from the airline. That makes them very motivated to fight on your behalf, since they only get paid if you do.
If you think you can get compensation by independently filing a flight delay claim, that’s best. You’ll get the full amount! But if you’re not confident that you’ll win on your own, these services have years and years of experience for filing successful claims. They know precisely who to talk to and how to make sure an airline doesn’t wiggle out through a loophole or a “he-said-she-said” type argument.
Of all the services (and I tested several), my favorite is AirHelp because they have an easy to use interface and communicate clearly and promptly.
Please Don’t Overlook the Value of Travel Insurance
Having travel insurance is always a good idea because it can help reimburse unexpected expenses even when EU 261 doesn’t kick in. Some of you may remember when I was stranded in Panama for 4 days because U.S. east coast airports were closed for snowstorms.
It will also reimburse costs like a rental car if you are re-booked to an alternate airport or the costs of buying a change of clothes if your luggage doesn’t make it at the same time you do.
I personally use and recommend RoamRight.
Read more about travel insurance:
- Do You Need Travel Insurance?
- Traveling Smarter (Because Life Happens)
- My Experience Filing a Travel Insurance Claim
- Comparing FREE versus Paid Travel Insurance
Want to Hear More?
I give a brief overview on passenger rights in the European Union + my experience with an EU Flight Delay Claim on the Miles To Go Podcast!
15 thoughts on “Filing an EU Flight Delay Claim Was Easier Than I Thought”
Becky, great post! I had a similar experience with a delay last summer and got paid for it. Thanks for putting this together! I re-tweeted it to our followers. 🙂
@Scott, Thanks for sharing! The payment sure does take the sting out of things.
One clarification, Airhelp charges 25% to file your claim. However, if the airline refuse to pay and Airhelp has to sue in court, Airhelp’s cut goes up to 50%.
@Jon, Thanks for the details!
I concur. Very insightful article on passenger rights. If only businesses were more customer-oriented and forthcoming.
Are you sure the automated email compensation would have disqualified you for the EU 261 amount? I’d probably not accept it until I had my cash or vouchers in hand, but at that point I’d go to the email and see if it was still active. Great post.
@Neil, No it won’t disqualify you but there are several online reports that they will subtract that from your final payout (e.g. you might get 100 euro in voucher + 500 euro in cash = total 600). Better to have the upper hand and option for full cash.
Some more fine print. Even though my flight from Denver to London departed nearly 4 1/2 hours late and arrived in London close to 4 hours late, I was not eligible for compensation because since I made my connection to Belfast, my final destination, and that flight was only 30 minutes late, the rule did not apply. So if you make your connections OK to your final destination with no problems, you are out of luck. Here is what AirHelp said:
Your delay at your final destination was less than 3 hours
It looks like your flight delay wasn’t long enough to qualify for compensation. Claims like yours are made under an EU regulation called EC 261, which normally provides compensation for canceled or delayed flights. But it also says that airlines don’t have to pay you if the total delay at your final destination was less than 3 hours, no matter how late the flight actually took off from the departure airport. They measure this from gate to gate, ending when the plane is parked and the door is opened.
So late segments of a trip do not count. Only what your delay was at your final destination.
@LJ, I’m sure it was stressful making your connection in London but since it didn’t delay your plans on arrival, I can see why it didn’t qualify. Here’s hoping for smooth travels next time.
Our flight EllinAIR from RHO to ATH were delayed 4 x
Initial flight was suppose to be 1:55 pm then delayed to 330pm , then delayed to 5 pm , then 550pm finally boarded at 6pm.
We missed our ATH to FCO flight, had to rebook and stayed for the night ( hotel expenses)in ATH
Was unable to cancel rome hotel, got charged.
I have travel insurance, but how /where do I clain for the Ellin Air flight delay?
No one in Rhodes was helping ayt all.
@Joy, Assuming that your flight qualifies for compensation, you can follow up directly with Ellin Air. Otherwise there are numerous services that will charge a fee to do it for you.
Thank you for this great article! I had just read about this law before a trip to the Rhine Christmas Markets in 2014. We were scheduled on a return flight to LAX from Basel, Switzerland, on December 13; however, our flight was delayed until the next day because of problems with the aircraft. Air France did provide one meal at a very poor quality cafeteria and an overnight stay at a nearby dingy and dirty hotel. I was shocked at the low grade of the accommodations! They would not pay any other compensation. I wrote to request compensation for the overnight delay, but they offered only $100. I refused it and wrote them another letter instead. Again they refused to pay anything. Do you think it’s too late to try again after having been given your valuable information?
@Shirley, If you’ve tried and failed twice, you may want to get a professional service (like Airhelp) to assist.
Do you and your spouse each have to file a separate claim? We were traveling under the same record locator that I provided, along with the ticket numbers for both myself and my wife. They made ME the $900 voucher/27,000 mile offer, but I am still not sure if my wife is included in this, or if she has to file on her own. I could not find clarification in the direction or in any other comments.
@Tom, You will most likely need to file two claims.