Your Rights Are Better Than You Think
Every year, millions of flights are delayed or cancelled. Every day, airlines lose bags, bump passengers involuntarily, and fail to provide the service that was purchased. And every day, the vast majority of affected passengers accept the situation without claiming the compensation they are legally owed.
In the European Union, regulation EC 261/2004 (commonly called EU261) entitles passengers to compensation of up to 600 euros per person for flight disruptions -- regardless of what they paid for their ticket. In the United States, DOT regulations require airlines to compensate for involuntary denied boarding, provide refunds for cancelled flights, and cover expenses related to lost or delayed baggage.
The airlines know these rules. They also know that most passengers do not. This guide walks you through exactly how to claim what you are owed, with specific compensation amounts, step-by-step instructions, template letters, and escalation paths that work.
EU261 Compensation: The Most Powerful Passenger Protection Law in the World
Who Is Covered
EU261 applies to:
- Any flight departing from an EU/EEA airport (on any airline, including non-EU carriers)
- Any flight arriving at an EU/EEA airport on an EU-based carrier
- Any flight departing from or arriving in the UK on any carrier (under the retained UK version, UK261)
This means a United Airlines flight from Paris to New York is covered. An American Airlines flight from New York to Paris is covered only if the operating carrier is EU-based (such as a codeshare operated by British Airways or Iberia).
Compensation Amounts
EU261 compensation is based on flight distance, not ticket price:
| Flight Distance | Delay Threshold | Compensation |
|---|---|---|
| Under 1,500 km | 3+ hours arrival delay | 250 euros |
| 1,500-3,500 km | 3+ hours arrival delay | 400 euros |
| Over 3,500 km | 3+ hours arrival delay | 600 euros |
| Over 3,500 km | 3-4 hours arrival delay | 300 euros (50% reduction) |
Cancellation compensation: Same amounts as above, unless the airline notified you of the cancellation at least 14 days before departure AND offered a reasonable alternative routing.
Denied boarding (involuntary bumping): Same amounts as above, paid immediately or within 7 days.
When Compensation Does NOT Apply
Airlines are not required to pay EU261 compensation in "extraordinary circumstances" -- situations genuinely outside their control:
- Covered (you ARE owed compensation): Technical/mechanical problems, crew shortages, airline scheduling issues, IT system failures, operational decisions
- Not covered (extraordinary circumstances): Severe weather that actually prevents safe flight operations, air traffic control strikes, political instability, security threats, volcanic eruptions
Important: Airlines frequently claim "technical problems" as extraordinary circumstances. EU courts have consistently ruled that technical/mechanical issues are NOT extraordinary circumstances because they are inherent to airline operations. If an airline denies your claim citing a mechanical issue, push back.
Additional Rights Under EU261
Beyond cash compensation, EU261 requires airlines to provide:
- Meals and refreshments appropriate to the wait time (for delays of 2+ hours)
- Two phone calls, emails, or faxes (yes, the regulation still mentions faxes)
- Hotel accommodation if an overnight stay becomes necessary, plus transport between the airport and hotel
- A choice between rerouting and refund for cancellations, even if you booked through a third-party site
US DOT Passenger Rights
US passenger protections are weaker than EU261 but still meaningful.
Cancelled Flights
If your flight is cancelled by the airline:
- You are entitled to a full refund to your original form of payment (not just a voucher or credit), including for non-refundable tickets
- The airline must refund within 7 business days for credit card payments and 20 business days for other payment methods
- If the airline offers rebooking and you accept, you are not owed additional cash compensation (unlike EU261)
Involuntary Denied Boarding (Bumping)
If you are involuntarily bumped from a flight in the US, compensation is required by law:
| Delay to Final Destination | Domestic Flights | International Flights |
|---|---|---|
| 0-1 hour | No compensation required | No compensation required |
| 1-2 hours | 200% of one-way fare (max $775) | 200% of one-way fare (max $775) |
| 2+ hours (domestic) or 4+ hours (international) | 400% of one-way fare (max $1,550) | 400% of one-way fare (max $1,550) |
Important: This applies only to involuntary bumping. If you voluntarily accept a voucher to take a later flight, you have waived your right to DOT-mandated compensation. Airlines deliberately make the voluntary voucher offer less than what they would owe for involuntary bumping. Always know the involuntary amount before deciding.
Tarmac Delays
US airlines are prohibited from holding passengers on the tarmac for more than 3 hours (domestic) or 4 hours (international) without giving them the option to deplane, with limited exceptions for safety and air traffic control.
Lost and Delayed Baggage
Under US DOT rules (and the Montreal Convention for international flights):
- Airlines are liable for up to $3,800 for domestic baggage claims and approximately $1,780 (1,288 SDR) for international flights
- The airline must compensate for reasonable expenses incurred due to delayed baggage (toiletries, essential clothing)
- File a claim at the airport immediately -- most airlines have a baggage service desk at arrivals
- Keep all receipts for items purchased due to delayed baggage
Step-by-Step: How to File a Compensation Claim
Step 1: Document Everything at the Airport
The moment your flight is disrupted, start collecting evidence:
- Take a photo of the departure board showing the delay or cancellation
- Get written confirmation from the airline of the reason for the disruption (ask at the gate desk)
- Keep your boarding pass and booking confirmation (do not throw these away)
- Save all receipts for meals, transport, and hotel that you pay for yourself
- Note the actual arrival time at your final destination (this is what determines the delay length for compensation purposes)
- Screenshot the flight status on FlightAware or the airline's app showing the delay
Step 2: Calculate Your Compensation
For EU261 claims, use the flight distance to determine the compensation amount:
- Use gcmap.com to calculate the great circle distance between airports
- Under 1,500 km = 250 euros
- 1,500-3,500 km = 400 euros
- Over 3,500 km = 600 euros
For US DOT claims, determine which category applies (cancellation, involuntary bumping, or baggage).
Step 3: Submit Your Claim to the Airline
Contact the airline directly first. This is required before escalating.
Where to submit:
- Most airlines have a dedicated "claim" or "complaint" form on their website. Use it rather than calling -- written claims create a paper trail.
- For EU261 claims, look for "EU261 claim," "flight compensation," or "passenger rights" on the airline's website.
- For US claims, look for "customer relations" or "baggage claim."
What to include in your claim:
- Booking reference number
- Flight number and date
- Description of the disruption (delay length, cancellation, denial of boarding)
- Specific regulation you are claiming under (EC 261/2004 or US DOT regulations)
- The specific compensation amount you are requesting
- Copies of your boarding pass, booking confirmation, and any documentation of the disruption
- Your contact details and preferred payment method
Step 4: Use a Template
Here is a template for an EU261 claim that you can adapt:
Subject: EU261/2004 Compensation Claim - Flight [NUMBER] on [DATE]
Dear [Airline] Customer Relations,
I am writing to claim compensation under Regulation (EC) No. 261/2004 for flight [FLIGHT NUMBER] on [DATE] from [ORIGIN] to [DESTINATION].
The flight was [delayed by X hours / cancelled / I was denied boarding]. I arrived at my final destination [X hours] later than the originally scheduled arrival time.
Under EU261, this disruption entitles me to compensation of [250/400/600] euros per passenger.
My booking details are as follows:
- Booking reference: [REFERENCE]
- Passenger name(s): [NAME(S)]
- Original scheduled departure: [TIME]
- Actual arrival at final destination: [TIME]
Please process this compensation within the 7-day period specified by the regulation. I would prefer payment via [bank transfer / original payment method].
I have attached my booking confirmation and boarding pass for reference.
If this claim is not resolved within 6 weeks, I will escalate to [the relevant National Enforcement Body / the US DOT / a claims service].
Yours sincerely,
[YOUR NAME]
Step 5: Wait (But Not Too Long)
Airlines are required to respond to EU261 claims, but there is no specific mandated response time in the regulation. In practice:
- Most airlines respond within 4 to 8 weeks
- Some airlines (especially budget carriers) initially reject claims or offer vouchers instead of cash
- Do not accept a voucher if you are entitled to cash compensation
Step 6: Escalate If Necessary
If the airline rejects your claim, does not respond within 8 weeks, or offers inadequate compensation:
EU escalation path:
- National Enforcement Body (NEB): Each EU country has a body that handles EU261 complaints. File for free. UK: Civil Aviation Authority (CAA). Germany: Luftfahrt-Bundesamt. Spain: AESA.
- Alternative Dispute Resolution (ADR): In the UK, airlines must participate in an ADR scheme. CEDR and AviationADR are the two UK schemes.
- Small claims court: For claims the airline refuses to honor, small claims court is effective and inexpensive (court fees are 35-120 GBP in the UK, vary by country in the EU).
- Claims companies (last resort): AirHelp, Flightright, and ClaimCompass handle the entire process for you but take 25-35% of the compensation as their fee.
US escalation path:
- File a complaint with the US DOT at airconsumer.dot.gov. The DOT contacts the airline on your behalf.
- File with the airline's corporate headquarters (not just customer service).
- Contact your credit card company for a chargeback if the airline refuses a legally required refund.
- Small claims court for involuntary bumping compensation the airline refuses to pay.
Claims Company Comparison
If you do not want to handle the claim yourself, these companies do it for you on a no-win, no-fee basis:
| Service | Fee (if successful) | EU261 | US Claims | Success Rate | Payment Time |
|---|---|---|---|---|---|
| AirHelp | 35% + VAT | Yes | Limited | ~70% reported | 2-6 months |
| Flightright | 25-30% + VAT | Yes | No | ~75% reported | 2-4 months |
| ClaimCompass | 35% | Yes | No | ~65% reported | 2-6 months |
| SkyRefund | 35% | Yes | No | ~65% reported | 3-6 months |
When to use a claims company:
- The airline has rejected your direct claim
- The claim involves complex circumstances (connecting flights, codeshares)
- You do not want to deal with the paperwork
- You are outside the EU and filing against a European airline
When to handle it yourself:
- The disruption is straightforward (clear delay, clear cancellation)
- You are comfortable with formal correspondence
- You want to keep 100% of the compensation
- The amounts are significant enough to justify the effort (especially the 600-euro long-haul claims)
Common Airline Tactics (and How to Counter Them)
"The delay was due to extraordinary circumstances"
Airlines frequently cite this exemption even when it does not apply. Technical problems, crew shortages, and "operational issues" are NOT extraordinary circumstances under EU case law. Ask for specific details about the extraordinary circumstance and reference EU Court of Justice rulings (Wallentin-Hermann v. Alitalia, Case C-549/07).
"We can offer you a voucher instead"
You are entitled to cash compensation under EU261, not vouchers or travel credits. Decline the voucher and restate your request for monetary compensation. Accepting a voucher may waive your right to cash.
"Your claim is outside the time limit"
EU261 claims have different time limits by country: 6 years in the UK, 3 years in Germany, 5 years in France, 1 year in Belgium, and 2 years in Spain. Know the applicable time limit for your claim.
"You need to claim from the travel agent, not us"
Under EU261, the operating carrier (the airline that flew or was supposed to fly the plane) is responsible for compensation, regardless of how you booked. If you booked through Expedia, you still claim from the airline.
Ignoring your claim entirely
Airlines sometimes simply do not respond, hoping you will give up. If you receive no response within 8 weeks, escalate to the relevant National Enforcement Body or file in small claims court.
Documentation Checklist
Keep all of the following for any flight disruption:
- [ ] Booking confirmation email
- [ ] Boarding pass (physical or digital)
- [ ] Photo of departure board showing delay/cancellation
- [ ] Written confirmation of disruption from airline staff
- [ ] Receipts for meals, transport, and accommodation during delay
- [ ] Screenshot of flight status from FlightAware or airline app
- [ ] Names of airline staff you spoke with
- [ ] Record of actual arrival time at final destination
- [ ] Any communication from the airline about the disruption (emails, texts, app notifications)
Plan for the Unexpected
Flight disruptions are an unavoidable part of travel. The difference between a frustrating experience and a manageable one comes down to preparation: knowing your rights, having documentation ready, and understanding the claims process before you need it.
TripGenie helps you plan trips that account for the practical realities of air travel, including connection times that give you buffer against delays and alternative routing options. When disruptions happen, having a well-planned itinerary with flexibility built in means you spend less time stranded and more time enjoying your destination.
The airlines have large legal departments and established procedures for rejecting claims. But the law is on your side, the process is straightforward, and the amounts are significant enough to be worth the effort. A single successful EU261 claim for a long-haul flight puts 600 euros -- enough for a weekend trip to another European city -- back in your pocket. Do not leave that money on the table.
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Written by
TripGenie Team
The TripGenie team is passionate about making travel planning effortless with AI. We combine travel expertise with cutting-edge technology to help you explore the world.
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