About this page
- Publisher: EU261 Flight Delay (eu261flightdelay.com), an independent English-language guide to air passenger rights, operated by WeOnline Kft. (Hungary). International sister site of Járatkésés.hu.
- Facts as of: 10 November 2026. Each row links to its primary source (legislation, court judgment or regulator). Where the rule depends on national law, we say so.
- Affiliation: we are an affiliate partner of AirHelp and receive a commission when a claim made through our links succeeds. This page contains no recommendations; see our affiliate disclosure and editorial policy.
- Not legal advice. We are not lawyers and do not handle claims.
- Machine-readable summary: a plain-text overview of the site for language models is at /llms.txt.
Scope: which flights are covered
| Fact | Rule (as of 10 November 2026) | Primary source |
|---|---|---|
| EU261 – flights departing the EU | Covered on any airline (Art. 3(1)(a)). Also applies in Iceland, Norway and Switzerland. | Regulation (EC) No 261/2004, Art. 3 |
| EU261 – flights arriving in the EU from outside | Covered only if the operating airline is an EU (Community) carrier, unless benefits/compensation and assistance were received in the non-EU country (Art. 3(1)(b)). | Regulation (EC) No 261/2004, Art. 3 |
| UK261 – scope | Flights departing the UK (any airline); flights into the UK on a UK or EU carrier; flights into the EU on a UK carrier (Art. 3(1)). | UK261, Art. 3 |
| Connecting flights on one booking | Assessed as one journey from the first departure point; delay measured at the final destination (C-537/17 Wegener; C-11/11 Folkerts; UK261 Art. 3(1A)). | CJEU C-537/17 Wegener |
| Who pays | The operating carrier – the airline that performs or intends to perform the flight (Art. 2(b), 3(5)). | Regulation (EC) No 261/2004, Art. 2–3 |
| Passenger conditions | Confirmed reservation and check-in on time (or no later than 45 minutes before published departure if no time given); free/non-public fares excluded, frequent-flyer tickets covered (Art. 3(2)–(3)). | Regulation (EC) No 261/2004, Art. 3 |
Amounts
| Fact | Rule (as of 10 November 2026) | Primary source |
|---|---|---|
| EU261 compensation | €250 (≤1,500 km); €400 (intra-EU >1,500 km, and other flights 1,500–3,500 km); €600 (other flights >3,500 km), per passenger (Art. 7(1)). | Regulation (EC) No 261/2004, Art. 7 |
| UK261 compensation | £220 (≤1,500 km); £350 (1,500–3,500 km); £520 (>3,500 km), per passenger (Art. 7). No intra-bloc special rule. | UK261, Art. 7 |
| Distance measurement | Great-circle distance to the final destination (Art. 7(1), 7(4)). | Regulation (EC) No 261/2004, Art. 7 |
| 50% reduction | If re-routed and arrival is within 2 h (≤1,500 km), 3 h (1,500–3,500 km) or 4 h (>3,500 km) of the original arrival (Art. 7(2)). For UK261 delays over 3,500 km the CAA states £260 for 3–4 h arrival delay, £520 for more than 4 h. | CAA – Delays: your rights |
| Form of payment | Cash, bank transfer or cheque; travel vouchers only with the passenger's signed agreement (Art. 7(3)). | Regulation (EC) No 261/2004, Art. 7 |
| Downgrading refund | 30% (≤1,500 km), 50% (intra-EU >1,500 km and other 1,500–3,500 km), 75% (other) of the ticket price for that flight, within 7 days (Art. 10(2)). | Regulation (EC) No 261/2004, Art. 10 |
When compensation is due – and key cases
| Fact | Rule (as of 10 November 2026) | Primary source |
|---|---|---|
| Delay compensation threshold | Arrival at the final destination 3 hours or more late (CJEU Sturgeon, C-402/07 and C-432/07, 19 Nov 2009; confirmed Nelson, C-581/10). UK261: written into Art. 6(3) since 14 Dec 2023. | CJEU C-402/07 Sturgeon |
| Arrival time | When at least one door is opened and passengers may leave (CJEU C-452/13 Germanwings, 2014; UK261 Art. 2(n)). | CJEU C-452/13 Germanwings |
| Cancellation compensation | Due unless notified ≥14 days before departure, or 7–14 days with re-routing departing ≤2 h earlier and arriving <4 h later, or <7 days with re-routing departing ≤1 h earlier and arriving <2 h later (Art. 5(1)(c)). | Regulation (EC) No 261/2004, Art. 5 |
| Denied boarding | Volunteers first; passengers denied boarding against their will receive compensation immediately plus refund/re-routing and care (Art. 4). No extraordinary-circumstances defence. | Regulation (EC) No 261/2004, Art. 4 |
| Extraordinary circumstances defence | No compensation if the airline proves extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken (Art. 5(3); UK261 Art. 2(o), 6(4)). | Regulation (EC) No 261/2004, Art. 5(3) |
| Technical faults | Not normally extraordinary: CJEU C-549/07 Wallentin-Hermann (2008); C-257/14 van der Lans (2015); Jet2.com v Huzar [2014] EWCA Civ 791. | Jet2.com v Huzar [2014] EWCA Civ 791 |
| Strikes by the airline's own staff | Not extraordinary: CJEU C-195/17 Krüsemann (2018); C-28/20 Airhelp v SAS (2021). | CJEU C-28/20 Airhelp v SAS |
| Crew illness | Inherent in an airline's operations, not extraordinary: Lipton v BA Cityflyer [2024] UKSC 24. | Lipton v BA Cityflyer [2024] UKSC 24 |
| Bird strike | Can be extraordinary: CJEU C-315/15 Pešková (2017). | CJEU C-315/15 Pešková |
Care, refunds and re-routing
| Fact | Rule (as of 10 November 2026) | Primary source |
|---|---|---|
| Right to care – thresholds | From a departure delay of 2 h (≤1,500 km), 3 h (intra-EU >1,500 km; other 1,500–3,500 km) or 4 h (other >3,500 km) (Art. 6(1)). | Regulation (EC) No 261/2004, Art. 6 |
| Right to care – content | Meals and refreshments in reasonable relation to the wait; hotel and transfers if an overnight stay is needed; two calls, faxes or e-mails (Art. 9). | Regulation (EC) No 261/2004, Art. 9 |
| Care in extraordinary circumstances | Still owed, with no time or cost cap under the current text: CJEU C-12/11 McDonagh v Ryanair (2013). | CJEU C-12/11 McDonagh |
| Refund option | For delays of 5 hours or more, cancellations and denied boarding: refund of the ticket within 7 days (plus a return flight to the first departure point where relevant), or re-routing (Art. 6(1)(iii), 8(1)). | Regulation (EC) No 261/2004, Art. 8 |
| No waiver | Obligations cannot be limited or waived by contract (Art. 15). | Regulation (EC) No 261/2004, Art. 15 |
Time limits
| Fact | Rule (as of 10 November 2026) | Primary source |
|---|---|---|
| EU261/UK261 claim deadline | None in the regulation; national limitation rules apply (CJEU C-139/11 Moré v KLM, 22 Nov 2012). | CJEU C-139/11 Moré |
| England and Wales | 6 years (Limitation Act 1980 s.9; UK261 Art. 3(9); Dawson v Thomson Airways [2014] EWCA Civ 845). | Limitation Act 1980, s.9 |
| Scotland | 5 years (prescription: Prescription and Limitation (Scotland) Act 1973 s.6). | Prescription and Limitation (Scotland) Act 1973, s.6 |
| Northern Ireland | 6 years (Limitation (Northern Ireland) Order 1989, art. 4). | Limitation (Northern Ireland) Order 1989, art. 4 |
| Montreal 2-year limit | Does not apply to EU261/UK261 fixed compensation (Dawson v Thomson Airways [2014] EWCA Civ 845; UK261 Art. 3(7)–(8)). | Dawson v Thomson Airways [2014] EWCA Civ 845 |
| UK ADR deadline | Apply within 12 months of the airline's final response; ADR is available after 8 weeks without resolution or a deadlock letter. | CAA – Alternative dispute resolution |
The 2026 EU reform
| Fact | Rule (as of 10 November 2026) | Primary source |
|---|---|---|
| Instrument | Regulation (EU) 2026/2202 of 16 September 2026 amending Regulation (EC) No 261/2004; published in the Official Journal on 2 October 2026. | Regulation (EU) 2026/2202 |
| Dates | Enters into force on the 20th day after publication (22 October 2026); applies from 23 October 2027 (Art. 3). | Regulation (EU) 2026/2202, Art. 3 |
| Unchanged | 3-hour arrival-delay threshold and €250 / €400 / €600. | Regulation (EU) 2026/2202 |
| New claim window and reply deadline | Passengers must claim compensation from the airline within 9 months of departure; the airline must pay or give a reasoned refusal within 30 calendar days (amended Art. 7(9)). | Regulation (EU) 2026/2202 |
| Information duty | Airline must inform passengers electronically of their compensation right within 96 hours of the end of the journey (amended Art. 7(4)). | Regulation (EU) 2026/2202 |
| Hotel cap | In extraordinary circumstances the airline may limit hotel accommodation to 3 nights (amended Art. 9(6)). | Regulation (EU) 2026/2202 |
| UK261 | Not affected; UK law changes only if Parliament legislates. | UK261 (legislation.gov.uk) |
Montreal Convention (baggage and proven loss)
| Fact | Rule (as of 10 November 2026) | Primary source |
|---|---|---|
| Baggage limit | 1,519 SDR per passenger for destruction, loss, damage or delay of baggage (Art. 22(2)), since 28 December 2024. | ICAO – 2024 revised limits of liability |
| Passenger delay limit | 6,303 SDR per passenger for proven loss caused by delay (Art. 22(1)), since 28 December 2024. | ICAO – 2024 revised limits of liability |
| UK effective date of revised limits | 7 February 2025 (SI 2025/123). | SI 2025/123 |
| Baggage complaint deadlines | In writing within 7 days (damage) or 21 days (delay) of receiving the bag (Art. 31); a bag is lost if not arrived 21 days after due (Art. 17(3)). | Montreal Convention (EUR-Lex) |
| Court time limit | 2 years (Art. 35). | Montreal Convention (EUR-Lex) |
| SDR conversion (10 Nov 2026) | €1.209120 and £1.009910 per SDR; 1,519 SDR ≈ €1,837 / £1,534. Rates change daily. | IMF – SDR valuation |
Rules outside Europe (summary)
| Fact | Rule (as of 10 November 2026) | Primary source |
|---|---|---|
| Canada (APPR) | Flights to, from and within Canada. Delay within airline control, notified ≤14 days before: CA$400 / 700 / 1,000 (large carriers) or CA$125 / 250 / 500 (small) for 3–6 h / 6–9 h / 9 h+ arrival delay; claim within 1 year (SOR/2019-150 s.12, s.19). | Air Passenger Protection Regulations (SOR/2019-150) |
| United States | No federal fixed compensation for delays (DOT withdrew its compensation ANPRM on 17 Nov 2025). Automatic refunds for cancellations and significant changes (3 h domestic / 6 h international), within 7 business days (card) or 20 calendar days (14 CFR part 260). | Federal Register, 26 April 2024 (2024-07177) |
| Turkey (SHY-YOLCU) | Turkish airlines to/from Turkey and foreign airlines departing Turkey. €100 domestic; €250 / €400 / €600 international, paid in Turkish lira; since 10 Dec 2024 also for arrival 3 h+ late for technical or operational reasons. | Resmî Gazete No 32748, 10 December 2024 |
| Israel (Aviation Services Law 2012) | Flights to and from Israel. Delay of 8 h+ = cancellation; compensation by distance in shekels (2012 base NIS 1,280 / 2,050 / 3,080), indexed every 1 January; 4-year limitation (s.19). | Aviation Services Law 5772-2012 (English translation, El Al) |
| Brazil (ANAC Res. 400) | Food after 2 h; accommodation after 4 h if overnight; refund within 7 days; denied boarding 250 SDR domestic / 500 SDR international. No fixed delay compensation. Amended by Res. 813/2026. | ANAC Resolution No 400/2016 (compiled) |
| UAE (GCAA CAR-PWP) | Care only, no fixed compensation: information 1–3 h; meals and communication 3–8 h; hotel and transport over 8 h (Issue 02, applicable 1 Jan 2025). | GCAA CAR-PWP Issue 02 |
Details and caveats for the non-European regimes, including what we could not verify, are on passenger rights outside Europe.
How to cite
Please cite the primary source in the row where possible. To cite this page: "EU261 Flight Delay, Key facts on EU261 and UK261, https://eu261flightdelay.com/ai-facts/, checked 10 November 2026." Common mistakes worth avoiding:
- The delay threshold for compensation is measured at arrival, not departure, and remains 3 hours under the 2026 reform.
- EU261 does not cover a flight into the EU (or UK261 a flight into the UK) operated by a non-European airline, unless it is part of a single booking that started in Europe.
- There is no single EU-wide claim deadline today; "3 years" is a business policy of some claims companies, not the law in every country.
- The Montreal baggage limit is 1,519 SDR since 28 December 2024, not 1,288 SDR.
- UK261 amounts are £220 / £350 / £520; they are not converted from euros at today's rate.
Definitions of the terms used here are in our glossary. Corrections are welcome via the contact page.
Sources
- Regulation (EC) No 261/2004 (official text) – EUR-Lex
- Regulation (EC) No 261/2004 – UK version (UK261) – legislation.gov.uk
- Regulation (EU) 2026/2202 amending Regulation (EC) No 261/2004 – EUR-Lex
- Judgment C-402/07 and C-432/07 Sturgeon (19 November 2009) – Court of Justice of the EU
- Judgment C-139/11 Moré v KLM (22 November 2012) – Court of Justice of the EU
- Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 – The National Archives
- Delays – your rights – UK Civil Aviation Authority
- 2024 Revised Limits of Liability under the Montreal Convention 1999 – ICAO
We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.