EU261 passenger rights: what to do if your flight is cancelled or delayed

9 April 2026

EU261 passenger rights: what to do if your flight is cancelled or delayed

Has your flight been cancelled or accumulated hours of delay? Before giving up, know that EU regulation 261/2004 guarantees you specific rights and, in many cases, financial compensation of up to 600 euros. In this guide we explain everything you need to know: when you’re entitled to a refund, how much you can claim and how to file a complaint.

What is regulation EU261/2004

EC regulation No. 261/2004 is the European law that protects air passengers’ rights. It has been in force since 2005 and applies to all flights:

• Departing from an EU airport, with any airline
• Arriving at an EU airport, if operated by an EU-based airline

This means that if you fly from Rome to New York with any carrier, or from New York to Rome with a European airline, you’re covered. You are not covered if you fly to the EU with a non-EU carrier (for example, from New York to Rome with an American airline).

The regulation covers three main situations: long delay, flight cancellation and denied boarding (overbooking).

When you’re entitled to compensation

Arrival delay over 3 hours

If your flight arrives at destination with a delay of 3 hours or more from the scheduled time, you’re entitled to a lump-sum compensation. Note: what counts is the arrival time (when the aircraft doors open), not the departure time.

Flight cancellation

If the flight is cancelled, you’re entitled to compensation unless:

• The airline notified you at least 14 days before departure
• You were offered an alternative flight with similar times (the precise rules depend on the notice period)
• The cancellation was due to extraordinary circumstances (more on this below)

Denied boarding (overbooking)

If you are denied boarding against your will because the flight is overbooked, you always have the right to compensation, without exceptions.

How much you’re entitled to: the amounts

EU261 compensation is fixed and depends on the flight distance:

These amounts apply per passenger, regardless of the ticket price. This means that even on a 30-euro low-cost flight you could receive 250 euros in compensation.

Important note: for flights over 3,500 km with a delay between 3 and 4 hours, the airline can reduce the compensation by 50% (i.e. 300 euros instead of 600).

Extraordinary circumstances: when you’re NOT entitled

The regulation includes an important exception. The airline does not have to pay compensation if the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

Extraordinary circumstances include:

• Extreme weather: conditions that make flying safely impossible (storms, volcanic eruptions, exceptional snow)
• Air traffic controller strikes (ATC): not strikes by the airline’s own staff, which are not considered extraordinary
• Political instability or security risks: airspace closures, terrorist alerts
• Unforeseen air traffic management restrictions
• Bird strikes: collision with birds

Not considered extraordinary circumstances:

• Technical problems with the aircraft (in most cases)
• Strikes by airline staff
• Crew shortages
• Delay from a previous flight (aircraft rotation)

This distinction is crucial. Airlines tend to invoke extraordinary circumstances even when they don’t apply. If you have doubts, push back: the case law of the EU Court of Justice generally favours passengers.

The right to assistance

Regardless of the cause of delay (even in extraordinary circumstances), the airline must provide you with free assistance at the airport:

• Meals and refreshments adequate to the waiting time
• Two free phone calls, emails or faxes
• Hotel overnight stay and airport-hotel transport if the flight is rescheduled to the next day

For cancellations, you also have the right to choose between:

• Full refund of the ticket (within 7 days)
• Alternative flight to your destination, as soon as possible or on a date of your choice

How FlightGuard helps you prevent surprises

Knowing your rights is important, but prevention is better than cure. FlightGuard lets you know in advance if your flight is at risk of delay or cancellation, so you can:

• Prepare by bringing food, a charger and documents useful for a potential claim
• Consider alternatives if the risk is high and you have flexibility on dates
• Document everything from the start (screenshots of schedules, receipts of expenses)

FlightGuard monitors the 9 factors that influence the risk of your flight, including those that fall under extraordinary circumstances (weather, ATC strikes) and those that don’t (airline punctuality, operational problems). This allows you to understand not just if the flight is at risk of delay, but also why — valuable information if you need to file a claim.

How to file a complaint with the airline

If you believe you’re entitled to EU261 compensation, here are the steps:

1. Gather evidence

• Boarding pass and booking confirmation
• Actual arrival time (screenshot of the airline’s app or FlightAware)
• Airline communications (emails, SMS, airport announcements)
• Receipts for expenses incurred (meals, hotel, transport)

2. Contact the airline

Write a formal complaint to the airline, explicitly citing regulation EU261/2004. Most airlines have a dedicated form on their website. Be specific: include flight number, date, scheduled and actual arrival time, and the amount claimed.

3. Wait for the response

The airline should respond within 6 weeks. If they don’t respond, respond negatively or invoke extraordinary circumstances you don’t think are valid, you have other options.

4. Contact the national enforcement body

Each EU country has a national enforcement body for air passenger rights. You can find the relevant authority through the European Commission’s website.

5. Consider a claims service

There are companies specialising in recovering EU261 compensation. They work on a success basis (retaining a percentage, typically 25-35%) and handle all the legal process. They can be useful if the airline refuses to pay.

Conclusion

Regulation EU261/2004 is a powerful tool for passenger protection, but it only works if you know your rights and take action. Don’t let the airline tell you that “you’re not entitled to anything” without checking.

Sources

• Regulation EC 261/2004
• European Commission - Air Passenger Rights

To avoid ending up in these situations, use FlightGuard: check the risk of your flight before you travel and activate free alerts to stay updated. Preventing a problem is always better than claiming a refund afterwards.