Air Travel in Europe: Know Your EU261 Compensation Rights

When it comes to consumer protection and airlines, the European Union (EU) is ahead of the game and has been so for nearly 20 years. While many other jurisdictions are firmly on the airline’s side, the EU, with its EU261 Compensation Regulations, is firmly on the consumer side.

The regulations ensure you are not left high and dry when your flight is canceled or delayed for a significant amount of time. So, what are you entitled to under EU261?

The Countries EU261 Compensation Applies To

The EU261 directive applies to all 27 member countries, including:

The legislation also applies to some overseas territories of these countries, such as Guadeloupe, French Guiana, Martinique, Réunion Island, Mayotte, Saint-Martin (French Antilles), the Azores, Madeira, and the Canary Islands.

In addition, EU261 also applies for flights to/from Iceland, Norway, and Switzerland.

However, EU261 does not apply to flights to and from the Faeroe Islands.

Who Is Eligible?

Any traveler is eligible for compensation regardless of their nationality or place of residence. So, a US citizen who resides in the US is eligible for compensation as long as the flight they are traveling on qualifies.

Which Flights Are Eligible?

EU261 compensation eligibility rules are complex, depend on both the flight route and the carrier operating the route.

Flight Route	EU Airline	No-EU Airline
Flights Within The EU	EU261 Applies	EU261 Applies
Flight From The EU to Non EU Destination	EU261 Applies	EU261 Applies
Flight From Non EU Destination to The EU	EU261 Applies	EU261 Does Not Apply
Flights Outside The EU	EU261 Applies	EU261 Does Not Apply

While we don’t suggest booking a carrier only for delay compensation, this opens up some interesting choices when it comes to choosing an airline for your trans-Atlantic flight.

For instance, if you are flying from New York to Paris:

• EU261 rules apply if you are flying with Air France.
• The EU261 rules do not apply if you are flying with United, Delta, AA, or any other non-EU carrier.
• EU261 rules do apply if you booked with Delta on an Air France codeshare. The application of EU rules is decided by the airline operating your flight, not by the booking carrier.

US Domestic Route Coverage

Up to 2022, if your US domestic flight is delayed, any compensation due to you is at the carrier’s discretion. However, all that changed in 2022, and after a court case was held, the European carrier is liable for a single ticket with a connection with a US carrier.  For example, let’s say you book a single ticket from Paris to Ft. Lauderdale with Air France. The sample itinerary is split as follows:

• The Air France flight from Paris to Atlanta arrives on time.
• Delta codeshare flight from Atlanta to Ft. Lauderdale, which is delayed by 4 hours or more.

In the above scenario, you would still be covered with Air France under EU261 because the flight originated in Europe and was booked as one ticket.

If the flight were the other way around, you would not be eligible. Also, if you booked separate tickets or the same itinerary via Delta, you would not qualify.

EU261 Compensation: Flight Delay

The compensation limits depend on the length of the delay and the distance of the flights, with longer flights and delays meriting more compensation.

Delay/Route	Flights less than 1,500km (all)	Intra EU Flights between 1,500 and 3,500 km	Non Intra EU Flights Between 1,500 and 3,500 km	Non Intra EU Flights greater Than 3,500 km
Less Than 3 hours	No Compensation	No Compensation	No Compensation	No Compensation
More Than 3 hours	€250	€400	€400	€600
More Than 4 hours	€250	€400	€400	€600
Never Arrives	€250	€400	€400	€600

Other Compensation Measures

EU261 has you covered in other ways than just monetary compensation. In addition to the financial compensation, you may be eligible for the following if your flight is delayed.

• Free phone calls or emails.
• Complimentary food and drinks.
• Free overnight accommodation if the flight is delayed overnight.

EU261 Compensation: Flight Cancellation

If your flight is canceled, you are entitled to compensation as well as a host of other remedies.

Flight Cancellation Eligibility

You can receive compensation for a flight cancellation if it meets the following conditions.

• The flight was canceled less than 14 days before departure.
• Your flight was with an EU carrier or was departing from an EU airport.
• The cancellation was the carrier’s fault, not due to extraordinary circumstances.
• You purchased the tickets, not someone else.

Initial Compensation Measures

When your flight is canceled, you are entitled to the following:

• Refund for the ticket.
• A return flight to the airport of departure if you have already departed and have a connecting flight.
• An alternative route to your destination at the earliest chance.
• A rebooking later, subject to seat availability and at your convenience.

In addition to the above measures, like delays, you are also entitled to assistance from your carrier. This includes phone calls, as well as complimentary refreshments and food. If you are going to end up staying overnight, you are entitled to free hotel accommodation and transport to and from the hotel.

EU261 Compensation: Financial

Flight cancellation rules are very complex and depend on the distance, the destination paring, and where you offered an alternative.

Short Flights (Under 1,500 Km)-

If no alternative flight is offered or you refuse it, you are entitled to €250 compensation.

• Receive €125 compensation if you take an alternative flight that arrives less than 2 hours earlier than the initial flight
• Receive €250 compensation if you take an alternative flight that arrives more than 2 hours after the initial flight.
• No compensation is due if your flight arrives either:
  • Departs less than 2 hours before the original flight and lands less than 4 hours after the original flight- this applies if your cancellation is 7 to 13 days in advance.
  • Departs less than 1 hour before the original flight and lands less than 2 hours after the original flight – this applies to flights canceled less than 7 days in advance.

Medium Flights (between 1,500 Km and 3,500 Km)

If no alternative flight is offered or you refuse it, you are entitled to €400 compensation.

For flights canceled between 7-13 days in advance:

• €170 compensation if you take an alternative flight that departs more than 2 hours earlier than the initial flight and arrives 3 hours after the original flight.
• €340 compensation if you take an alternative flight that departs more than 2 hours earlier than the initial flight and arrives 3-4 hours after the original flight
• €400 if the flight arrives 4 hours or more than the original flight.

For flights canceled less than 7 days in advance:

• Receive €170 compensation if the alternative flight departs more than 1 hour earlier than the initial flight and arrives 2 hours after the original flight.
• €400 if the flight arrives 3 hours earlier than the original flight.

Long Flights (over 3,500 Km)

• If no alternative flight is offered or you refuse it, you are entitled to €400 compensation for flights within the EU.
• For flights from the EU to a destination outside of the EU, €600 If no alternative flight is offered or you refuse it.

For flights canceled between 7-13 days in advance:

• €300 compensation if you take an alternative flight that departs more than 2 hours earlier than the initial flight and arrives 4 hours after the original flight.
• €600 if the flight arrives 4 hours or more than the original flight.

For flights canceled less than 7 days in advance:

• Receive €300 compensation if the alternative flight departs more than 1 hour earlier than the initial flight and arrives 4 hours after the original flight.
• €600 if the flight arrives 4 hours or more than the original flight.

EU261 Compensation: Real-Life Application

The compensation can be very lucrative when you are delayed, especially when traveling with a low-cost carrier in Europe. Last year, a family member traveled between Ireland and Belgium with a well-known low-cost carrier. In total, they paid just over €200 for the roundtrip.

Unfortunately, their flights – on both legs – were delayed by more than 3 hours. As a result, the family member received €500 in compensation for the delay. Since the flight distance is less than 1,500 Km, the trip turned from a net expenditure to a net profit, which is not bad.

Final Thoughts

In most regions of the world, airline compensation is woefully inadequate, and the power lies entirely with the airline, not the consumer. Thankfully, that is not the case in Europe. EU261 lays down a marker for consumer rights. This is probably why during peak times when delays occur you don’t see many news stories about passengers strewn across airports in Europe, as happens in other locations.

We strongly advise to make sure to know your EU261 rights when traveling in Europe, and take steps to enforce them. Otherwise, you are letting airlines get away with bad behavior and depriving yourself of well-earned compensation for your time.

We’ll soon also cover the American side, and the US DoT’s new passenger compensation rights for air travel.