Flight delay compensation

Flight delay compensation comes from Regulation (EC) No 261/2004. The EU version (EU261) applies across the 27 EU countries and, through agreements with the EU, in Iceland, Norway and Switzerland – so the same rules protect you whether you fly from Frankfurt, Madrid, Warsaw, Dublin, Amsterdam or Oslo. After Brexit the UK kept a copy in its own law (UK261), with the amounts converted to pounds. The rules are almost identical, so this guide covers both and flags the differences.

The regulation as written in 2004 only mentioned fixed compensation for cancellations and denied boarding. The Court of Justice of the EU extended it to long delays in Sturgeon (C-402/07 and C-432/07, 2009) and confirmed this in Nelson (C-581/10 and C-629/10, 2012): a passenger who arrives 3 hours late loses as much time as one whose flight was cancelled and re-routed. The UK wrote that rule into statute as Article 6(3) of UK261, in force since 14 December 2023.

Which law covers your flight: EU261 or UK261?

Two things decide it: where the flight departed from and which airline operated it. The operating airline is the one whose aircraft and crew flew you. On a codeshare that may not be the airline you booked with (Article 3 of both versions). Your passport and country of residence play no part.

Note on overlaps. Some flights between the UK and the EU fall under both laws – for example Malaga to London on an EU-licensed airline. You cannot be compensated twice. Both texts say the rules for incoming flights do not apply if you already "received benefits or compensation and were given assistance" in the country you departed from. In practice, claim under the law of the departure country.

Examples from around Europe:

• Frankfurt → Lisbon on any airline: departs the EU, so EU261 applies – €400, because the great-circle distance is about 1,870 km.
• Madrid → Warsaw (about 2,270 km) or Stockholm → Athens (about 2,450 km): EU261, €400.
• Dublin → Amsterdam on any airline: departs the EU, so EU261 applies (€250; about 750 km).
• Warsaw → Tenerife: about 4,090 km, but the Canary Islands are part of the EU, so this is an intra-EU flight and the amount is €400, not €600.
• London Gatwick → Malaga on easyJet: departs the UK, so UK261 applies (£350; the distance is over 1,500 km).
• New York → London on British Airways: a UK airline arriving in the UK, so UK261 applies (£520). New York → Frankfurt on Lufthansa: an EU airline arriving in the EU, so EU261 applies (€600). The same flights on a US airline are covered by neither law.
• Dubai → Manchester on Emirates: neither law applies, because the flight departs outside Europe on a non-EU/UK airline. Manchester → Dubai or Frankfurt → Dubai on Emirates is covered (UK261 and EU261 respectively).

For where to complain and the time limit in your country, see our country guides – for example Germany, Spain, Poland, Ireland, the Netherlands and the United Kingdom.

easyJet and Ryanair both fly through UK-licensed and EU-licensed companies, so the operating company on your booking can matter for flights into the UK or EU. For a deeper explanation, see our UK261 guide and EU261 explained. The EU amended EU261 by Regulation (EU) 2026/2202, which applies from 23 October 2027. It does not change UK261, and until then the current rules apply – see EU261 reform 2026.

How much compensation can you get?

The amount is fixed per passenger, per disrupted journey, and depends on the distance and – for long-haul – the length of the delay (Article 7). Children with their own ticket count as passengers. Tickets issued under frequent-flyer schemes are covered. Free or reduced fares that are not available to the public, such as staff tickets, are not (Article 3(3)).

• Distance is measured by the great-circle method (Article 7(4)): the shortest line over the earth's surface between the departure airport and the final destination, not the miles flown. Our flight distance calculator works it out.
• One EU-only rule: under EU261, every flight within the EU longer than 1,500 km is paid at €400, even beyond 3,500 km (for example Helsinki–Gran Canaria or Warsaw–Tenerife). UK261 has no equivalent wording: its middle band is simply 1,500–3,500 km.
• Ticket price is irrelevant. A €30 or £30 sale fare earns the same as a flexible ticket.
• Cash, not vouchers. Compensation is paid in cash, by bank transfer or by cheque. Travel vouchers are allowed only with your signed agreement (Article 7(3)).
• EU flights pay in euros, UK flights in pounds. If your account is in another currency – pounds, złoty, kronor or Swiss francs, for example – your bank's conversion applies.

How the 3 hours are measured

Three details decide whether a delay of "about three hours" qualifies:

1. Arrival, not departure. Only the delay at your destination counts. If the pilot makes up time and you land 2 hours 55 minutes late, there is no fixed compensation, even if you left 3½ hours late.
2. The door, not the wheels. In Germanwings (C-452/13, 2014) the Court of Justice held that the arrival time is when at least one door opens and passengers are allowed off – not touchdown or arrival on stand. Taxiing time counts.
3. The final destination. On a journey booked as one unit, the delay is measured where the last flight lands (Folkerts, C-11/11, 2013; Article 3(1A) of UK261). A 40-minute delay on the first leg that makes you miss your connection and arrive 5 hours late is a 5-hour delay. See missed connection compensation.

Note the actual time the doors opened. Airline records and public flight-tracking sites usually show the gate or landing time, which can be a few minutes earlier. When a claim turns on minutes, your own note and photos help.

Was the delay the airline's fault? Extraordinary circumstances

The airline does not have to pay if it proves that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken (Article 5(3); Article 6(4) of UK261). The burden is on the airline. Courts read the exception narrowly: the event must not be part of the airline's normal activity and must be beyond its actual control (Wallentin-Hermann, C-549/07).

Even a genuine extraordinary event does not end the matter. The airline must also show it took all reasonable measures to avoid the delay or limit it – for example a standby aircraft, crew or re-routing. In LE v TAP (C-74/19) the Court said this can include re-routing you on another airline's flight. If the extraordinary event caused only part of the delay, only that part is deducted (Pešková). Read our full guide to extraordinary circumstances.

What you are entitled to while you wait

The right to care is separate from compensation and applies even when the delay is due to extraordinary circumstances. It is triggered by the expected delay to departure (Article 6(1)):

Care means meals and refreshments in reasonable relation to the wait, two phone calls or emails, and – if you have to stay overnight – a hotel and transport to it (Article 9). If the airline does not provide it, buy what is reasonable, keep itemised receipts and claim the cost back. Full details: flight delay rights: meals, hotels and care.

What to do at the airport if your flight is delayed

1. Ask for the reason in writing at the gate or service desk, or photograph the departure board and any announcement. The airline must give you a written notice of your rights (Article 14).
2. Ask for care – meal vouchers, and a hotel if the delay runs overnight – and keep receipts for anything you buy yourself.
3. Stay close to the gate. Delayed flights sometimes leave earlier than the revised time shown. If you miss it because you wandered off, you lose your claim.
4. Note when the doors open on arrival. A timestamped photo on your phone is enough.
5. Do not sign anything that swaps your compensation for a voucher or waives your claim.

For a printable version, see what to do if your flight is delayed.

Evidence checklist

You do not need all of these. The airline holds the operational records, and in LC and MD v easyJet (C-756/18, 2019) the Court of Justice held that you cannot be refused compensation just because you cannot produce a boarding pass. Still, the more you have, the shorter the argument.

• Booking confirmation with the booking reference and the names of all passengers
• Boarding passes (paper, app screenshot or wallet pass)
• Flight number, date, scheduled and actual arrival times
• Any email, text or app notification about the delay, and the reason given
• Photos of departure boards and notices; your note of when the doors opened
• Receipts for meals, transport, hotel and calls, plus the bank or card statements matching them
• The names of airline staff you spoke to, and the time

How to claim, step by step

1. Check you qualify. Use the checker below, or work it out from the tables above.
2. Find the operating airline. Claim from the airline that flew the aircraft, even if you booked through another airline, a travel agent or a booking site.
3. Submit the claim to the airline. Most have an online EU261/UK261 claim form: see our pages for Lufthansa, KLM, Air France, Wizz Air, Vueling, SAS, LOT, Aer Lingus, easyJet, British Airways, Ryanair and Jet2. Quote the article, the distance band and the amount. Our letter generator and complaint letter template do the wording for you.
4. Give the airline time. If there is no answer within 2 months (Your Europe) or 8 weeks (UK), or you get a final refusal ("deadlock"), you can escalate.
5. EU, EEA and Swiss flights: the national enforcement body or ADR. Complain to the enforcement body of the country where the incident happened – usually the departure country, or the arrival country for a flight into the EU from outside – or to that country's ADR body where one exists. Your nationality and home country do not matter. Since LOT (C-597/20, 2022), EU countries may let their enforcement body order an airline to pay. Each country guide names the body and the ADR route: for example Germany, Spain, Italy, Poland, Ireland, the Netherlands and Sweden. The full list is in national enforcement bodies.
6. UK flights: ADR or the CAA. If the airline belongs to an approved ADR scheme – AviationADR (for example easyJet, Ryanair, Wizz Air, TUI) or CEDR (for example British Airways) – apply there. It is free, and the decision binds the airline if you accept it. If the airline is not in a scheme, the CAA's Passenger Advice and Complaints Team (PACT) can review it. See ADR schemes and complaining to the CAA, and use our ADR complaint template.
7. Court as a last resort. In the EU, sue in the national courts – generally those for the place of departure or arrival, or where the airline is based (Rehder, C-204/08) – or use the European Small Claims Procedure for cross-border claims up to €5,000 (all EU countries except Denmark). In the UK, send a letter before action, then issue a claim: small claims in England and Wales, Simple Procedure in Scotland, or the small claims court in Northern Ireland; for Ireland and Northern Ireland see our guide. GOV.UK sets the court issue fee by claim value; at the time of review it listed £35 up to £300, £50 up to £500 and £70 up to £1,000.

The full process, with timings for each stage, is in our how to claim guide.

Common airline rejection reasons, and how to answer them

How long do you have to claim?

Neither regulation sets a deadline. National limitation rules apply (Cuadrench Moré, C-139/11, 2012).

• EU countries: it varies – for example 3 years in Germany, counted from the end of the year; 5 years in France and Hungary; 6 years in Ireland. Our country guides (for example Germany or Ireland) give the period where an official source states it.
• England and Wales: 6 years. Article 3(9) of UK261 applies section 9 of the Limitation Act 1980, and the Court of Appeal confirmed in Dawson v Thomson Airways that the 2-year Montreal Convention limit does not apply.
• Northern Ireland: 6 years. Scotland: 5 years. The CAA's ADR and PACT routes have their own deadlines: ADR within 12 months of the airline's final response, and PACT will not take a case with less than a year of the limitation period left.

Country-by-country periods with their legal sources are in our time limits guide. AirHelp typically accepts claims for flights up to 3 years old.

Other money you may be able to claim

• Expenses the airline should have covered as care: meals, hotel, transport, calls.
• Further losses caused by the delay, such as a missed non-refundable hotel night or event, under the Montreal Convention. You must prove the loss, and the airline can defend itself by showing it took all reasonable measures. Fixed compensation already paid may be deducted (Article 12).
• Delayed bags: see delayed baggage compensation.
• Package holidays: you claim delay compensation from the airline, but other remedies come from the tour operator. See package holiday flight delays.
• Tax: see is flight delay compensation taxable?

Key court cases on flight delays

• Sturgeon (CJEU, C-402/07 and C-432/07, 19 November 2009) – a 3-hour arrival delay earns the same compensation as a cancellation.
• Nelson / TUI (CJEU, C-581/10 and C-629/10, 23 October 2012) – Sturgeon confirmed; compatible with the Montreal Convention.
• Wallentin-Hermann (CJEU, C-549/07, 22 December 2008) – technical problems are generally not extraordinary.
• Huzar v Jet2.com ([2014] EWCA Civ 791) – the same rule in the English Court of Appeal.
• Dawson v Thomson Airways ([2014] EWCA Civ 845) – the 6-year limitation period applies, not 2 years.
• Germanwings (CJEU, C-452/13, 2014) – arrival time means a door opening.
• Lipton v BA Cityflyer ([2024] UKSC 24) – crew illness is not extraordinary.

Summaries with links to the judgments are in our case law library.

Frequently asked questions

Can I claim compensation for a 2 hour flight delay?

Not fixed compensation. Under both EU261 and UK261 you need to reach your final destination 3 hours or more late. A 2-hour delay can, however, give you a right to care – food and drink, and a way to make two calls or send two emails – if your flight is up to 1,500 km. The thresholds are 3 hours for 1,500–3,500 km and 4 hours beyond that. See flight delay rights.

How long does a flight have to be delayed before compensation is due?

At least 3 hours on arrival at your final destination. The clock stops when at least one aircraft door opens and passengers can get off (CJEU, C-452/13 Germanwings). A flight that left 3½ hours late but landed 2 hours 50 minutes late does not qualify.

What is the 3-hour delay rule?

It is the rule, created by the Court of Justice in Sturgeon (C-402/07) and written into UK law as Article 6(3) of UK261 from 14 December 2023, that passengers who arrive 3 hours or more late are compensated as if their flight had been cancelled: €250/€400/€600 under EU261 or £220/£350/£520 under UK261, depending on distance.

How much can a flight be delayed without compensation?

Anything under 3 hours at the final destination. Delays of 3 hours or more are also uncompensated when the airline proves extraordinary circumstances – such as an air traffic control strike or weather that made flying unsafe – and that it took all reasonable measures.

Does EU261 apply to non-EU airlines?

Yes, on flights departing from the EU (plus Iceland, Norway and Switzerland). Emirates from Paris or Turkish Airlines from Madrid are covered. On flights into the EU, only EU airlines are covered. UK261 works the same way: any airline departing the UK, and UK or EU airlines arriving in the UK.

Is delay compensation paid automatically?

No. You have to claim it from the airline – the EU's Your Europe portal tells passengers to send their complaint to the airline first, and the UK Civil Aviation Authority says compensation "is not automatic". Expenses for meals or a hotel may need to be claimed separately.

How long after a flight delay can I claim compensation?

Neither regulation sets a deadline, so the limitation period of the country whose courts hear the claim applies, and it varies a lot: for example 3 years in Germany (counted from the end of the year), 5 years in France, 6 years in Ireland, 6 years in England, Wales and Northern Ireland, and 5 years in Scotland. See our time limits guide and the country guides, for example Germany or France.

Can I sue if my flight is delayed?

Yes. For an EU261 claim you can go to a national court – generally the courts for the place of departure or arrival as well as those where the airline is based (CJEU, Rehder, C-204/08) – and for a cross-border claim in the EU, the European Small Claims Procedure. In the UK, the small claims track of the county court (England and Wales), Simple Procedure (Scotland) or the small claims court (Northern Ireland) handles these claims. See taking an airline to the small claims court.

My budget ticket only cost €30. Am I really owed €250?

Yes – or £220 under UK261. The amount has nothing to do with the ticket price. It depends only on the distance and how late you arrived. The fixed sum compensates for the lost time, not for the ticket.

Because of the delay I missed a separately booked flight. Can I claim for that too?

Not under EU261 or UK261: the airline is not responsible for a connection on a separate booking. You can only claim the fixed sum for the delayed flight itself, if it arrived 3+ hours late. The cost of the missed ticket may be claimable as damage caused by delay under Article 19 of the Montreal Convention, but the airline escapes liability if it took all reasonable measures.

Related guides

• Cancelled flight compensation
• Missed connection compensation
• Flight delay rights: meals, hotels and care
• Flight refund rights
• Diverted flight compensation
• Extraordinary circumstances
• Where to complain in each European country
• UK flight delay statistics and European delay data

This guide is general information, not legal advice. We are not lawyers and we are not AirHelp; we receive a commission when a claim submitted through our partner links succeeds. See our affiliate disclosure.

Sources

1. Regulation (EC) No 261/2004 (EU261), consolidated text – EUR-Lex
2. Regulation 261/2004 as it applies in UK law (UK261), Articles 3, 6 and 7 – legislation.gov.uk
3. Flight delays – your rights – UK Civil Aviation Authority
4. Am I entitled to compensation? – UK Civil Aviation Authority
5. Alternative dispute resolution (ADR) for air passengers – UK Civil Aviation Authority
6. If your flight’s delayed or cancelled – Citizens Advice
7. Air passenger rights – Your Europe (European Commission)
8. Sturgeon, C-402/07 and C-432/07, judgment of 19 November 2009 – Court of Justice of the EU
9. Wallentin-Hermann, C-549/07, judgment of 22 December 2008 – Court of Justice of the EU
10. Huzar v Jet2.com [2014] EWCA Civ 791 – Court of Appeal (England and Wales), via BAILII
11. Lipton v BA Cityflyer [2024] UKSC 24 – UK Supreme Court, via The National Archives
12. Make a court claim for money: court fees – GOV.UK

We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.