The full passenger rights framework for flight delays, cancellations, and denied boarding within the EU
Last updated: 1 January 2025
EC Regulation 261/2004 (commonly called EC261 or EU261) is European Union legislation establishing common rules for passenger rights when flights are delayed, cancelled, or when passengers are denied boarding. Enacted on 17 February 2005, it applies to all flights departing from EU member states, and to all flights arriving in the EU operated by EU-based carriers.
EC261 covers passengers on flights departing from any EU airport (regardless of the airline's nationality); flights arriving at an EU airport that are operated by an EU or UK carrier; and flights from/to EEA countries (Norway, Iceland, Liechtenstein). Since Brexit, UK flights are covered by UK261 — an almost identical regulation. Flights operated by non-EU carriers arriving in the EU from outside the EU are not covered.
The regulation sets three fixed compensation amounts based on flight distance: €250 for flights up to 1,500 km; €400 for flights between 1,500 and 3,500 km, and for all intra-EU flights over 1,500 km; €600 for all other flights over 3,500 km. Compensation may be reduced by 50% if the airline offers an alternative that arrives within 2 or 4 hours of the original arrival time (depending on distance). These amounts apply to both delays and cancellations.
Airlines must pay compensation for cancellations unless: more than 14 days notice was given; the airline offered a comparable alternative arriving within 2/4 hours of original; or extraordinary circumstances applied. Duty of care (Art.9) applies regardless of the reason for cancellation. For cancellations notified 7–14 days before departure, airlines avoid compensation only if the offered alternative meets specific timing windows.
For delays at departure of 2 hours or more (short routes), 3 hours (medium), or 4 hours (long haul), airlines must provide meals, refreshments, and communication. For delays exceeding 5 hours, passengers may opt for a full refund. Compensation under Art.7 applies when passengers arrive at their final destination 3 or more hours late.
Regardless of the cause of disruption — including extraordinary circumstances — airlines must provide: meals and refreshments proportionate to the waiting time; two free phone calls, emails, or faxes; hotel accommodation when an overnight stay is required; and transport between the airport and hotel. Failure to provide these entitles passengers to claim reasonable out-of-pocket costs.
When an airline seats a passenger in a lower class than purchased, it must refund 30% of the ticket price (flights up to 1,500 km), 50% (flights between 1,500 and 3,500 km), or 75% (other flights). This refund is mandatory and automatic — passengers do not need to request it.
Airlines are exempt from Art.7 compensation (but not Art.9 duty of care) when disruption is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The European Court of Justice has confirmed this requires a two-part test: the event must be beyond the airline's control AND all reasonable measures must have been taken. Routine technical faults (Wallentin-Hermann C-549/07) and most airline staff strikes (Krüsemann C-195/17) do not qualify.
Claims can be submitted directly to airlines, through claims management companies like SkyVolo, or via national enforcement bodies (the CAA in the UK, DGAC in France, LBA in Germany, etc.). Airlines must respond within 6 weeks. Unresolved claims can be escalated to the national enforcement body or courts. There is no EU-wide enforcement mechanism — each country has its own enforcement body.
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