EU Passenger Rights Regulation 261/2004: Compensation
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Updated on
13.09.2026
Navigation to EU261/ 2004 regulation
Compensation under EU Regulation 261/04: Rights at a Glance
- Right to compensation: For delays of 3 hours or more, flight cancellations, or denied boarding (e.g., due to overbooking), you are entitled to a flat-rate compensation between €250 and €600, depending on the flight distance.
- Applies to EU flights: The regulation applies when the departure is from the EU or when an EU airline flies into the EU.
- Care services: After 2 hours of waiting time, you are entitled to free drinks, snacks, communication options, and, if necessary, hotel accommodation.
- Refund or rebooking: In case of cancellation or significant delay, you may choose between a ticket refund, an alternative flight, or rebooking for a later travel date.
- No compensation: In “extraordinary circumstances” such as extreme weather, air traffic control strikes, or sudden security risks, the compensation claim does not apply — but care services are still provided.
- Duty to inform: Airlines must inform passengers about their rights, especially in the case of cancellations or long delays.
- Tip: Even if the airline claims extraordinary circumstances, it’s worth submitting a claim — many rejections are not justified, and courts often rule in favor of passengers.
EU Regulation 261/04 protects passengers from unjustified delays and cancellations. What many don’t know: compensation amounts are standardized, and claims can often be enforced even when the airline initially rejects them.
Where does the EU Passenger Rights Regulation 261/2004 apply?
In 2004, the European Union published passenger rights defined in EU Passenger Rights Regulation 261/04, which applies to anyone departing from a member state of the European Union or flying from a third-country airport to an airport in a member state of the European Union. For travel from a third country into the European Union, the airline must be headquartered in the European Union for your flight rights to apply.
250 € - 600 € compensation
Flight delay / Flight cancellation / Denied boarding
Additional services
Telecommunication: 2 free phone calls, taxes, or emails
Meals and refreshments
Hotel accommodation
Transport
Flight Compensation under the EU Regulation
Flight irregularities are unfortunately not an uncommon occurrence while travelling. The EU Regulation 261 / 2004 was adopted in 2004 in order to regulate aviation and protect the rights of passengers.
The Regulation encompasses EU-wide rules on compensation and benefits for those passengers whose flights have been cancelled or delayed for 3 hours or more, or who have been denied boarding. Comprehensive details on possible compensation payments under the Regulation can be found in the following section.
Flight irregularities according to EC 261 / 2004
According to the EU Passenger Rights Regulation, there are three circumstances during air travel in which passengers can claim for compensation against the airline.
Here is an outline of which cases can result in compensation payment:
- Flight delay: Your flight is considered delayed if it is at least three hours late. This refers to the arrival time at the destination airport, not the time of departure.
- Flight cancellation: In cases where the airline cancels a flight within 14 days or less before the scheduled date of departure. You will also find more information on the topic in our article Missed connecting flight.
- Denied boarding: Where the passenger possesses a valid flight ticket and all necessary documentation for travel, yet the airline refuses to board them due to overbooking.
EU Air Passenger Rights – ticket up & downgrading
It may happen that you are transferred by your airline to a lower seating class than the one you initially booked - for example, economy instead of business. In this case, you are entitled to a ticket price reduction according to the flight distance to the destination airport. The refund can be up to two thirds of the original ticket price.
The percentage scale of the ticket refund is as follows:
- A flight distance of up to 1 500 km will allow you a refund of 30% of the booked ticket price
- A flight distance of between 1 500 km and 3 500 km allows you to reduce the ticket price by 50%
- A flight distance of more than 3 500 km will give you a refund of 75% of the ticket price
On the other hand, it can also happen that you are upgraded to a higher travel class. In this case, the airline cannot charge you for the difference in ticket price.
Flight compensation rules: Distance
In the event of a flight cancellation, a boarding denial or a flight delay, you should be aware of the payments which you are entitled to. The amount of compensation depends on the flight distance to your destination.
You have the right to the compensation below for flights with the following route length:
- Flights of over than 3 500 km and beyond the EU border - 600 €.
- Flights within the EU that are longer than 1 500 km and all flights between 1 500 and 3 500 km – 400 €.
- Flights of up to 1 500 km within the EU – 250 €.
All amounts of compensation are understood per person.
250 € - 600 € compensation
Flight delay / Flight cancellation / Denied boarding
Flight overbooking - compensation reduction cases
As clarified above, you also have the right to compensation if you take an alternative flight provided by the airline. However, the payment amounts previously described will be reduced by 50% if the flight falls within a specific period of time.
Here is a table which explains this in more detail:
Airline passenger rights to additional services
The EU Passenger Rights Regulation sets out, as well as the compensation outlined above, additional compensation and services which must be provided to passengers in the event of cancellations, delays or denied boarding.
According to the EU Regulation, in case of denied boarding, flight cancellation and flight delay from 5 hours, the airline is obliged to offer passengers the following:
- A refund of the ticket price or a refund for any unused parts of the journey.
- The earliest available return flight to the original airport of departure, free of charge.
- The earliest available flight or alternative transportation (bus, taxi, train etc.) to the destination.
Passengers additionally have the right to certain care services, such as free meals and drinks and two free phone calls, faxes or e-mails in relation to the waiting time at the airport. If the passenger’s alternative flight departs the following day, the airline must offer free overnight hotel accommodation, plus free transfer from and to the airport.
The table below is an overview of the rights and services which passengers have the right to.
| Claim | Flight | Waiting period |
|---|---|---|
| Free meals | Up to 3 500 km | From 2 hours |
| Free meals | More than 3 500 km | From 4 hours |
| Entitled to alternative transportation | All flights | From 5 hours |
| or | ||
| Withdrawal from the contract and refund for the flight ticket | ||
| Free night at a hotel and transfer costs | All flights | Departure the next day |
Telecommunication: 2 free phone calls, faxes, or emails
Meals and refreshments
Hotel accommodation
Transport
EU Regulation: Flight compensation calculator
With the MYFLYRIGHT compensation calculator, you can easily, without obligation, check whether you have a claim for compensation and if so, how much you can expect to receive. All you need to do is enter your flight number and date.
Up to 600 €* compensation. 3 years retroactively.
If you find you are entitled to compensation, you can opt to submit your case with MYFLYRIGHT via our online form.
EU regulation 261 / 2004: Passenger rights
Whether or not you have the right to compensation under the EU Passenger Rights Regulation is dependent on the following three factors:
- Flight route and airline's headquarters – are the headquarters of the airline in the EU and did the flight take place within the EU?
- Responsibility and cause - was the flight issue due to extraordinary circumstances or was it the fault of the airline?
- Compliance with deadlines - has the claim for compensation been submitted within the statutory timeframe?
EU passenger rights: Compensation based on route
When making a claim against the airline, the flight route plays an important role. The following flights are covered according to the EU Regulation:
- All flights within the EU, regardless of the location of the airline’s headquarters.
- All flights from the EU to a non-EU country, regardless of where the airline’s headquarters are.
- All flights into the EU from a non-EU country, as long as the airline has its headquarters within the EU. This also includes Switzerland, Iceland and Norway.
So, any flight from a non-EU country to the EU, where the airline’s headquarters are located outside the EU, will not be protected under the Regulation.
The table below shows flights routes where the EU Regulation applies:
Passenger rights in extraordinary circumstances
Although there are cases where the airline is to blame for disruptions, there are certain instances which are beyond their control. These are referred to as ‘extraordinary circumstances’ and include occurrences such as a sudden storm, or bird and lightning strikes. When the flight irregularity is due to extraordinary circumstances, the airline cannot be held responsible and is therefore not liable to provide compensation.
When it is unclear if an extraordinary circumstance has taken place, the case is taken to court. It is then assessed whether the airline took all preventative measures possible to prevent the flight disruption. Here is a brief overview outlining cases where the airline is exempt and where it is liable.
YES
Airline carries responsibility
NO
Airline carries no responsibility
In case of denied boarding, the airline refuses the passenger boarding of the aircraft. There are a number of legitimate reasons for the airlines to do this. In such cases, the passenger cannot claim for compensation against the airline.
The table below shows the most common reasons for denied boarding and in which cases the airlines are liable.
Yes
Airline carries responsibility
No
Airline carries no responsibility
Claim deadlines under EU Regulation 261 / 2004
In order to be able to claim your compensation claims in accordance with the EU Passenger Rights regulation, you must comply with certain limitation periods. These vary across the EU from country to country, as the deadlines are set on the basis of national law. In Germany, for example, the statutory timeframe in which you can claim is 3 years; however, in the UK it is 6 years.
The following table gives you an overview of the respective limitation periods in selected EU countries.
Before you claim flight compensation: Checklist
Although these statutory timeframes mean that you do not have to be stressed about claiming during your trip, it is always recommended to gather all relevant documents and information to begin the process.
Checklist: Important information and documents to keep in case of flight irregularities
- Boarding passes with flight number
- Booking confirmation
- Alternative transportation tickets
- Vouchers
- Documents of additional costs
- Photos with timestamp of flight board or screen
- If possible, written confirmation / statements from the airline regarding the reasons for the flight irregularity
EU passenger rights: Business travel
When your business flight is delayed or cancelled, who is entitled to compensation when it comes to business travel – the traveller or the employer?
Bear in mind that according to the EU Regulation, passengers are entitled to compensation from the airline, regardless of who booked the flight ticket or trip.
However, you should be aware that some employee contracts contain a clause which specifies that the company, not the employee, will be paid compensation. If this is the case in your contract, your right to compensation is waived.
Regulation 261 / 2004: Package holidays
With package tours, you have the possibility of compensation from your airline for flight delays of at least 3 hours, flight cancellations or flight overbooking, just as if you were travelling independently. When your flight is delayed by 4 hours or more, you can not only receive compensation from the airline, but also a refund of a part of the cost of your package from your tour operator.
MYFLYRIGHT is a convenient option and you can pursue your case with us with no financial risk involved. If, however, you still wish to make your claim on your own, the following information will be helpful.
How to make your claim for flight compensation
To pursue your claim against the airline independently, there are several points to take into consideration and important steps to take.
Step 1. Write a letter to the airline. You can write the letter yourself or make use of our letter template. When using our template, you can either go online and fill it in, then email it to the airline, or you can print it, fill it in, then mail it. If you mail your letter, it is best to select registered post in order to have proof of when the airline receives it. This can be used as evidence later in court, if necessary.
You must include the following information in your email or letter.
Any additional documentation, such as purchase receipts, can be scanned if you send your letter via email.
You should set a deadline in which you wish to settle your claim for compensation. The recommended time period is 2-3 weeks. If you have not received a response by the time your deadline has passed, go to Step 2.
Step 2. You now have the choice between a few options. You can enlist the help of legal services in order to file a lawsuit, have MYFLYRIGHT pursue your case for you, or send a second letter to the airline. If you choose to try with another letter, set the compensation deadline again for 2-3 weeks and send it using registered post.
IMPORTANT: If at any time the airline rejects your claim for compensation, you can immediately initiate legal action and you do not need to wait for the deadlines. Do not let the statements of the airline unsettle you. Before you give up, always remember that you can still enforce your claim through MYFLYRIGHT.
Step 3. If, after your second letter, the airline still has not responded, you need to take the case to court. Airlines can no longer avoid your claim when they are presented with a lawsuit.
Keep in mind that when your case in unsuccessful in court in some countries, you are obliged to pay all the legal fees involved.
You can bypass the cost risk involved in claiming independently by turning to MYFLYRIGHT. Our travel experts pursue your claim for you, sparing you considerable time, nerves and money.
EU Regulation 261/2004 FAQ
It defines which rights passengers have in cases of flight cancellations, major delays, overbookings, and downgrades. This includes compensation, care obligations, and refunds.
You are entitled to compensation if you reach your destination at least 3 hours late – unless extraordinary circumstances apply.
The amount depends on the flight distance:
- up to 1,500 km: €250
- 1,500–3,500 km: €400
- over 3,500 km: €600
Yes. From a 2-hour delay, the airline must provide free snacks, drinks, and communication options. For longer delays, also hotel accommodation and transport.
Extraordinary circumstances are events the airline cannot prevent, such as severe weather, air traffic control strikes, political unrest, or security risks. Technical defects usually do not fall under this category.
You can choose between:
- full refund,
- replacement flight as soon as possible, or
- rebooking to a later date.
Additionally, you may be entitled to compensation of up to €600.
If you are denied boarding against your will, you are entitled to the same rights as in a cancellation: compensation, rebooking, and care.
Yes, but with limitations:
- Departure in the EU → always protected
- Departure outside the EU → protected only if the airline is an EU carrier
Enter your flight details on www.myflyright.com, upload your booking confirmation, and we handle the entire process for you.
The deadline depends on the country. In Germany, it is usually 3 years.
No. Our service is completely risk-free for you. You only pay a commission if we successfully enforce your compensation.
Airlines often delay or reject compensation claims. MYFLYRIGHT ensures that your rights are enforced and takes care of all the work – without any financial risk for you.
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