Delayed Flight

A flight is not always the pleasant experience you had planned. Unfortunately, many flights are delayed. If your flight is delayed, you may be able to receive compensation of up to EUR 600 per passenger under European law.
Read on for more comprehensive information on how to exercise your rights to financial compensation.

What are the conditions for receiving compensation in the event of a delayed flight?

Under European law, you may be entitled to financial compensation of up to €600 subject to the following conditions:

• You took off from an EU country and landed at your destination with a delay of at least 3 hours.
• Your flight landed in an EU country if the airline is European.
• The delay was not due to unforeseen reasons beyond the control of the airline.
• Your flight was in the last few years (see detailed time limits table according to the different countries).

How much compensation might you be entitled to for a flight delay?

According to European law EU 261/2004, when the delay in landing exceeds 3 hours, the passenger might be entitled to financial compensation depending on the direct distance between the point of departure and the final landing point of the flight.

Calculation of the amount of compensation depending on the flight distance and the number of hours of delay

The table below details the expected amount of compensation depending on the flight distance and the number of hours of delay in landing at the final destination:

Which airlines are subject to EC 261/2004?

The table below details the entitlement to compensation in the event of a flight delay depending on the identity of the airline:

* An airline incorporated in one of the European Union countries.

What is considered an extraordinary circumstance that will allow the airline not to pay compensation?

Under EU Regulation 261/2004, “extraordinary circumstances” are events beyond the airline’s actual control that could not have been avoided even if all reasonable measures had been taken. These include severe weather conditions, air traffic control restrictions, airport closures, political instability, security risks, strikes by third parties (such as air traffic controllers), and unexpected flight safety shortcomings like hidden manufacturing defects. Routine technical problems or crew shortages are not considered extraordinary.

Does a delay in the arrival of a previous flight that caused your flight delay entitle you to compensation?

Yes, in most cases you are entitled to compensation under EU Regulation 261/2004 if your flight is delayed because the aircraft arrived late from a previous flight. It was ruled that such delays are part of the airline’s normal operations and do not qualify as extraordinary circumstances. Therefore, unless the original delay was caused by extraordinary circumstances, passengers may claim compensation if the delay meets the required thresholds.

How long after the flight date can you claim compensation?

The table below lists the statute of limitations for filing claims for compensation in court according to the different countries:

Country	Time Limit (from time of the flight disruption)
Luxembourg, Sweden (you must inform the airline within 2 months), Switzerland	10 years
Cyprus, England, Ireland,	6 years
France, Greece, Hungary (Wizz Air- 2 years to file a claim), Scotland, Spain	5 years
Iceland	4 years
Austria, Bulgaria, Czech Republic (you must inform the airline within 6 months), Denmark, Estonia, Finland, Germany (the time limit is on the last day (December 31) of the 3rd year), Latvia, Lithuania, Norway, Portugal, Romania	3 years
Croatia, Italy (international flights), Malta, Netherlands, Slovakia, Slovenia, Turkey	2 years
Belgium, Italy (domestic flights), Poland	1 year

* Do not rely on the information in this table, as the statute of limitations may change from time to time in different countries, and therefore, you should update yourself on the current legal situation by reviewing the law applicable in that country as of the date of your request.

How is the amount of compensation calculated in accordance with EC 261/2004 in the event of a flight delay?

Under EU Regulation 261/2004, passengers are entitled to compensation if their flight is delayed by more than 3 hours upon arrival at the final destination, provided certain conditions are met. The compensation amount is determined by the flight distance and the length of the delay, and it is meant to compensate for the inconvenience caused by the disruption.

Conditions for Compensation

1. Eligibility: Compensation is applicable if the flight is delayed by 3 hours or more on arrival at the final destination. The regulation covers both EU and non-EU airlines, but the airline must be based in the EU or the flight must depart from an EU airport.

2. Extraordinary Circumstances: If the delay is due to extraordinary circumstances, such as severe weather, strikes (not caused by the airline), or air traffic control restrictions, the airline is not required to pay compensation. However, if the delay is within the airline’s control (e.g., technical issues), compensation is owed.

Compensation Amounts

The compensation varies depending on the distance of the flight and the length of the delay upon arrival:

• For flights up to 1,500 km:

1. Compensation: €250
2. This applies if the delay is over 3 hours upon arrival.

• For intra-EU flights over 1,500 km and other flights between 1,500 km and 3,500 km:

1. Compensation: €400
2. Again, this is applicable if the delay is over 3 hours upon arrival.

• For flights over 3,500 km:

1. Compensation: €600
2. This applies if the delay is over 4 hours upon arrival.

Special Considerations

1. The case of Germanwings GmbH v. Ronny Henning (Case C-452/13) clarified that: The mere touchdown on the runway does not constitute arrival ; Taxiing time and waiting to reach the gate are included in the delay ; The opening of the aircraft door is the decisive moment.

2. Long Delays (More than 5 hours): If the delay exceeds 5 hours, passengers can opt for a refund of their ticket or an alternative flight to their destination. If the passenger chooses to cancel the journey, they are still entitled to compensation.

3. Reduction in Compensation: If the airline offers rerouting and the delay at the final destination is less than 4 hours (on flights under 3,500 km), or 3 hours (on flights over 3,500 km), the compensation amount may be reduced by 50%.

4. Care and Assistance: For delays over 2 hours, airlines must provide passengers with food, beverage, and accommodation if necessary.

What types of flights are subject to European Regulation EC 261/2004?

European Regulation EC 261/2004 applies to a variety of airlines, but its applicability depends primarily on the departure and arrival locations of the flight, as well as the airline’s operating base. The regulation is designed to protect passengers’ rights in the event of flight cancellations, long delays, and denied boarding. Here’s an overview of which airlines are subject to the regulation:

1. EU-Based Airlines

EU-based airlines are automatically subject to EC 261/2004 for all flights they operate, whether within the EU, to the EU, or from the EU. This includes both domestic and international flights.

Examples of EU-based airlines: Air France (France), Lufthansa (Germany), British Airways (UK), KLM (Netherlands), Ryanair (Ireland), Iberia (Spain).

For any flight operated by these airlines, the regulation applies, regardless of whether the flight is within the EU or to/from non-EU destinations.

2. Non-EU Airlines Operating from an EU Airport

EC 261/2004 also applies to non-EU airlines operating flights departing from an EU airport. This means that even if the airline is based outside the EU, if it operates a flight from an EU airport, it must comply with the regulation.

Examples of non-EU airlines operating from the EU: American Airlines (USA), Delta Airlines (USA), Emirates (UAE), Qatar Airways (Qatar), Singapore Airlines (Singapore).

These airlines are subject to EC 261/2004 when they operate flights departing from any EU airport. For example, a flight from London to New York on Delta Airlines is covered by the regulation.

3. Non-EU Airlines Arriving at an EU Airport

EC 261/2004 does not apply to non-EU airlines flying into the EU, unless the flight is departing from an EU airport. Therefore, flights operated by non-EU airlines arriving in the EU, but departing from a non-EU airport, are not covered by the regulation. For example, a flight from New York to London operated by Delta Airlines (USA) would not be subject to EC 261/2004, as it is arriving from a non-EU country.

Frequently questions about flight delays

What compensation am I entitled to if my flight was delayed in landing by less than 3 hours?

If your flight was delayed in landing by less than 3 hours, you’re generally not entitled to compensation under EU Regulation 261/2004. For EU flights, compensation typically applies only for delays of 3 hours or more. However, airlines must still provide assistance, such as meals, drinks, and communication access, if the delay causes significant inconvenience. Always check with us your entitlement to compensation.

Can I claim compensation for a delayed flight caused by bad weather?

You generally cannot claim compensation for a flight delay caused by bad weather, as it is considered an extraordinary circumstance beyond the airline’s control under EU Regulation 261/2004 and similar rules elsewhere. Weather-related disruptions, such as storms, fog, or heavy snow, are safety-related issues that airlines cannot prevent or avoid. However, the airline must still provide assistance, including meals, beverage and accommodation if necessary, depending on the length of the delay.

Can I claim compensation for a delayed flight caused by a strike?

Whether you can claim compensation for a flight delay caused by a strike depends on who is striking. If the strike is caused by airline staff (e.g., pilots, ground crew), you may be entitled to compensation under EU Regulation 261/2004, as it’s within the airline’s control. However, if the strike is by third parties (e.g., air traffic controllers or airport staff), it is considered an extraordinary circumstance, and you cannot claim compensation. Regardless of the cause, the airline must still provide assistance like meals, beverage and accommodation if needed, depending on the delay’s length.

Do I deserve compensation if I flew on a non-European airline?

Whether you deserve compensation for a delayed flight on a non-European airline depends on the flight’s origin and destination. If your flight originates in the EU, EU Regulation 261/2004 applies, even if the airline is non-European, and you may be entitled to compensation for delays over 3 hours. If the flight arrives in the EU but originates outside the EU, compensation rules typically depend on the airline’s country of origin. For non-EU flights, compensation may not apply unless specific national regulations or travel insurance provide coverage. Always check with us your entitlement for compensation.