According to the European Commission itself, most passengers entitled to compensation never claim it. Not because they aren't owed it, but because the process looks harder than it is and airlines have no incentive to explain it. Here's what actually matters.
What Regulation 261/2004 is
It's a European rule requiring airlines to pay passengers a fixed sum when a flight is heavily delayed, cancelled at short notice, or when you're denied boarding due to overbooking. It isn't damages you have to prove: it's a set amount owed simply because the situation occurred.
Crucially, compensation is independent of what you paid for the ticket. You might have paid €29 and still be owed €250. The logic of the rule is to penalise poor airline management, not to refund your fare.
When it applies
The regulation covers your flight if either of these is true:
- You depart from an EU airport (plus Iceland, Norway and Switzerland), whatever the airline.
- You land in the EU and the flight is operated by an EU airline.
So: Madrid–New York with Iberia is covered, New York–Madrid with Iberia is covered, but New York–Madrid with Delta isn't, because it neither departs the EU nor is operated by an EU carrier.
How much you're owed
The amount depends purely on flight distance:
| Flight distance | Minimum delay | Compensation |
|---|---|---|
| Up to 1,500 km | 3 hours | €250 |
| 1,500 to 3,500 km | 3 hours | €400 |
| Over 3,500 km, within the EU | 3 hours | €400 |
| Over 3,500 km, outside the EU | 4 hours | €600 |
Delay is measured on arrival, not departure. This detail causes more misunderstandings than any other: if your flight leaves four hours late but the pilot makes up time and you land two hours fifty minutes late, there's no compensation. And conversely, a flight that departs on time but gets diverted and lands three and a half hours late does qualify.
Practical tip: note the exact moment the aircraft door opened on arrival. That's the legally relevant time, and it doesn't always match what the airline's app says.
The three qualifying situations
1. A delay of three hours or more
The most common. The Court of Justice of the EU's Sturgeon ruling put long delays on the same footing as cancellations, so from three hours late at destination the same amounts apply.
2. Cancellation with less than 14 days' notice
If the airline tells you two weeks or more ahead, there's no compensation: they refund or rebook you and that's the end of it. Under 14 days you are entitled, unless they offer alternative transport at times very close to the original ones.
3. Denied boarding due to overbooking
If the flight is oversold and you're left behind against your will, compensation is immediate and they must also rebook you. Careful though: if you voluntarily accept a voucher in exchange for giving up your seat, you waive the right. Think twice before taking €200 in vouchers when you'd be owed €600 in cash.
The exceptions: what counts as “extraordinary circumstances”
The airline is exempt if it proves the cause was an extraordinary circumstance it couldn't avoid. This is where most claims are fought, because carriers tend to stretch the concept far beyond what case law allows.
| Exempts the airline | Doesn't exempt (you get paid) |
|---|---|
| Weather preventing safe flight | Technical fault on the aircraft |
| Airspace closure | Strike by the airline's own staff |
| Air traffic control strike | Fleet rotation problems |
| Security alerts and political instability | Crew shortage |
| Bird strike | Delay carried over from earlier flights |
The key distinction was set by the Court of Justice of the EU: a technical fault is part of an airline's normal business activity and therefore isn't extraordinary, however hard the carrier insists. If your claim is rejected citing a “technical issue”, it's almost always worth appealing.
Beyond compensation: the right to care
This is separate and adds on top. From two hours' delay, the airline must provide free of charge:
- Food and drink proportionate to the waiting time.
- Two phone calls or messages.
- Hotel accommodation and transfers if you have to stay overnight.
If they don't offer it and you pay yourself, keep every receipt: you're entitled to have reasonable costs reimbursed, and that reimbursement is on top of the €250, €400 or €600.
How long you have to claim
The deadline is set by each country. Spain is particularly generous: five years from the flight date. Germany allows three, France five, Italy two and the UK six. If you had a bad flight back in 2022, there's a good chance you're still in time.
How to claim, step by step
- Gather the documents: boarding pass, booking, and any screenshot or email where the airline announces the delay or cancellation.
- Document the actual arrival time. A photo of the arrivals board or the aircraft screen showing the time works fine.
- Claim from the airline first, in writing, through their official form. It's a prerequisite before going to a regulator or a court.
- If they refuse or don't reply within a month, go to the national authority. In Spain that's AESA, and it's free.
- If there's still no answer, court remains. Below €2,000 you don't need a lawyer in Spain.
One counter-intuitive tip: don't accept the airline's first offer. It's common for them to respond offering a €150 voucher when €400 in cash is owed. Accepting the voucher usually means waiving the rest.
If you'd rather not fight anyone
The process isn't difficult, but it is slow and thankless: forms that vanish, automated replies and months of silence. If you'd rather skip it, our flight compensation service handles the whole file — from the initial claim to the payout — and we only get paid if you do.