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Your Complete Guide to EU Flight Compensation (EC 261/2004)

Everything you need to know about EU flight compensation under EC 261/2004. Learn who qualifies, how much you're owed (up to €600), and how to claim.

Your Complete Guide to EU Flight Compensation (EC 261/2004)

Every year, millions of passengers across Europe experience flight delays, cancellations, and denied boarding. What most of them don't realise is that EU law entitles them to compensation of up to €600 per person — no questions asked.

The regulation behind this? EC 261/2004, one of the strongest consumer protection laws in the world. And yet, an estimated 85% of eligible passengers never claim what they're owed.

This guide covers everything you need to know: who qualifies, how much you can get, what airlines try to hide, and exactly how to make your claim.

What Is EC 261/2004?

EC 261/2004 is a European Union regulation that came into force on 17 February 2005. It establishes common rules on compensation and assistance to passengers in the event of:

  • Denied boarding (usually due to overbooking)
  • Flight cancellations
  • Long delays (3 hours or more at arrival)

The regulation applies regardless of the ticket price. Whether you paid €29 for a Ryanair flight or €900 for a business-class seat, your rights are exactly the same.

It was designed to shift the balance of power from airlines to consumers — and it works, if you know how to use it.

Who Qualifies for EU Flight Compensation?

You're covered by EC 261 if either of these conditions is met:

  1. Your flight departed from an EU/EEA airport — on any airline (including non-EU carriers like United, Emirates, or Turkish Airlines).
  2. Your flight arrived at an EU/EEA airport — but only if operated by an EU/EEA-based airline.

Quick Reference

| Departure | Arrival | Airline | Covered? | |-----------|---------|---------|----------| | EU airport | Anywhere | Any airline | ✅ Yes | | Non-EU airport | EU airport | EU airline | ✅ Yes | | Non-EU airport | EU airport | Non-EU airline | ❌ No | | Non-EU airport | Non-EU airport | Any airline | ❌ No |

EEA countries include all EU member states plus Iceland, Norway, Liechtenstein, and (for aviation purposes) Switzerland.

Connecting Flights

If you booked a connecting itinerary as a single reservation, the regulation applies to your entire journey. So if you flew Lisbon → Frankfurt → New York on a single booking, and you arrived in New York more than 3 hours late, you're covered — even though New York isn't in the EU.

How Much Compensation Are You Owed?

Compensation under EC 261 is based on the distance of your flight, not the ticket price:

| Flight Distance | Compensation Amount | |----------------|-------------------| | Up to 1,500 km | €250 | | 1,500 – 3,500 km | €400 | | Over 3,500 km | €600 |

These amounts are per passenger, including children who had their own seat. A family of four on a delayed long-haul flight could be owed €2,400.

When Does Each Amount Apply?

€250 — Short-haul flights (up to 1,500 km) Typical routes: Lisbon–Madrid, Porto–Paris, London–Amsterdam.

€400 — Medium-haul flights (1,500–3,500 km) Typical routes: Lisbon–London, Porto–Berlin, Faro–Stockholm.

€600 — Long-haul flights (over 3,500 km) Typical routes: Lisbon–New York, Porto–São Paulo, any transatlantic or intercontinental flight.

For a detailed breakdown with common routes from Portuguese airports, see our flight compensation calculator.

What Situations Are Covered?

Flight Delays

You're entitled to compensation if your flight arrives at its final destination 3 or more hours late. The delay is measured at the time the aircraft doors open at your arrival airport — not when the plane lands.

| Delay | Compensation | |-------|-------------| | Under 3 hours | No compensation (but you may be entitled to meals/refreshments) | | 3–4 hours | Full compensation based on distance | | Over 4 hours | Full compensation based on distance |

Flight Cancellations

If your flight is cancelled, you're entitled to compensation unless the airline informed you:

  • More than 14 days before departure — no compensation owed
  • 7–14 days before — compensation owed unless they offered re-routing arriving within 2–4 hours of the original schedule
  • Less than 7 days before — compensation owed unless they offered re-routing arriving within 1–2 hours of the original schedule

Regardless of when they told you, a cancellation always entitles you to a choice between a full refund and re-routing.

Denied Boarding

If you're bumped from a flight due to overbooking (and you didn't volunteer), you're entitled to compensation immediately — plus re-routing or a refund.

Downgrading

If you're moved to a lower class of service, you're entitled to a partial refund: 30% for short-haul, 50% for medium-haul, or 75% for long-haul flights.

Extraordinary Circumstances: When Airlines Don't Have to Pay

Airlines are exempt from paying compensation when disruptions are caused by extraordinary circumstances — events outside the airline's control. These include:

  • Severe weather (storms, heavy fog, volcanic ash)
  • Air traffic control restrictions
  • Political instability or security threats
  • Strikes by airport staff or air traffic controllers (but NOT airline staff in most jurisdictions)
  • Bird strikes (though courts have been narrowing this exemption)

What Does NOT Count as Extraordinary

Airlines routinely try to claim exemptions they're not entitled to. The following are generally not considered extraordinary circumstances:

  • Technical/mechanical problems (these are the airline's responsibility)
  • Crew shortages or staff sickness
  • Airline staff strikes (in many EU countries)
  • Delays caused by late arrival of the incoming aircraft
  • IT system failures
  • Operational decisions by the airline

The European Court of Justice has consistently ruled that technical faults are part of normal airline operations and do not exempt carriers from compensation.

Your Additional Rights: Care and Assistance

Beyond compensation, EC 261 requires airlines to provide care and assistance during disruptions:

After 2 hours (short-haul) / 3 hours (medium) / 4 hours (long-haul):

  • Meals and refreshments
  • Two phone calls, emails, or faxes

If an overnight stay is needed:

  • Hotel accommodation
  • Transport to and from the hotel

If the delay exceeds 5 hours:

  • Right to a full refund and return flight to your origin

These rights apply even when the airline isn't liable for compensation (e.g., weather delays). Keep your receipts — airlines must reimburse reasonable expenses.

How to Claim EU Flight Compensation

Step 1: Check Your Eligibility

Before anything else, confirm your flight qualifies. You'll need:

  • Your flight number and date
  • The length of the delay at arrival (or cancellation details)
  • Whether the disruption was within the airline's control

The fastest way? Check your flight with FlightOwed. Our system instantly verifies your eligibility and calculates your compensation.

Step 2: Gather Your Documents

You'll need:

  • Booking confirmation or e-ticket
  • Boarding pass (if you have it)
  • Any communication from the airline about the disruption
  • Receipts for expenses incurred (meals, transport, hotel)

Step 3: Submit Your Claim

You have two options:

Claim directly with the airline: You can write to the airline's customer service department. Be prepared for delays, form letters, and rejections. Airlines reject an estimated 30–50% of valid claims on the first attempt.

Use a claims service like FlightOwed: We handle everything — from checking your eligibility to negotiating with the airline to escalating to national enforcement bodies or court if needed. Start your claim now.

Step 4: Escalate If Necessary

If an airline rejects your claim or doesn't respond within 6–8 weeks, you can escalate to:

  • National Enforcement Bodies (NEBs): Each EU country has one. For flights from Portugal, it's ANAC (Autoridade Nacional da Aviação Civil).
  • Alternative Dispute Resolution (ADR): Some airlines participate in ADR schemes.
  • Small claims court: EC 261 claims can be pursued in court, and the law is firmly on the passenger's side.

Time Limits: How Long Do You Have to Claim?

There's no single EU-wide deadline — it depends on the national law of the country where you file. Here are some key examples:

| Country | Time Limit | |---------|-----------| | Portugal | 3 years | | UK | 6 years | | France | 5 years | | Germany | 3 years | | Spain | 5 years | | Netherlands | 2 years | | Belgium | 1 year |

Don't wait. Even if your flight was delayed two years ago, you may still be eligible. Check your flight now — it takes less than 60 seconds.

Frequently Asked Questions

Do I need to be an EU citizen to claim?

No. EC 261 protects all passengers regardless of nationality. If your flight qualifies (see the coverage rules above), you can claim whether you're European, American, Brazilian, or from anywhere else.

Can I claim for a flight I took years ago?

Yes — as long as you're within the time limit for the relevant country. In Portugal, you have 3 years. For flights from the UK, you have 6 years. Check your eligibility to find out.

My airline said the delay was due to "operational reasons." Am I still entitled?

Almost certainly yes. "Operational reasons" is a vague term airlines use to avoid specifics. Unless the cause was genuinely extraordinary (severe weather, security threat, ATC strike), the airline likely owes you compensation.

What if my flight was delayed but I still arrived less than 3 hours late?

Unfortunately, the 3-hour threshold is firm for compensation. However, if your delay was over 2 hours, you may still be entitled to meals and refreshments under the airline's duty of care.

Can I claim if I had a connecting flight and missed it due to a delay?

Yes. If you booked both flights on a single reservation and arrived at your final destination 3+ hours late, you're covered. The compensation is based on the total distance of your journey.

Does EC 261 apply to charter flights and package holidays?

Yes. EC 261 applies to all commercial flights departing from EU airports, including charter flights. If your flight was part of a package holiday, you may also have additional rights under the Package Travel Directive.

The airline offered me a voucher instead of cash. Do I have to accept it?

No. Under EC 261, you are entitled to cash compensation. Airlines often offer vouchers or miles as a cheaper alternative, but you are under no obligation to accept. Always insist on monetary compensation.

What if the airline doesn't respond to my claim?

If the airline ignores your claim or doesn't respond within a reasonable timeframe (6–8 weeks), you can escalate to the national enforcement body or pursue the claim through court. Services like FlightOwed handle this entire process for you.

Can I claim for my children too?

Yes. Each passenger with a confirmed reservation is entitled to compensation — including children, even infants if they had their own seat. A family of four could receive up to €2,400 for a single disrupted long-haul flight.

How long does it take to get compensation?

It varies. Some airlines pay within a few weeks; others drag their feet for months. When airlines refuse to cooperate, legal proceedings can take 6–12 months. Using a claims service often speeds things up because airlines know you're serious.


Don't Leave Money on the Table

If you've experienced a flight delay, cancellation, or denied boarding in the last 3 years, there's a good chance you're owed compensation. The law is on your side — you just need to act on it.

Check your flight now → It's free to check, and we only charge if we win your claim.

Want to learn more? Read about 5 things airlines don't want you to know or find out exactly how much you're owed.

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