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EU Flight Delay Compensation: Your Rights Under EC 261/2004

EU Regulation 261/2004: Your Core Rights

European Union Regulation EC 261/2004 is one of the most powerful pieces of passenger protection legislation in the world. It entitles you to financial compensation of up to €600 per person for significant delays, cancellations, and denied boarding on qualifying flights. The regulation applies to: (1) any flight departing from an EU airport (regardless of airline), (2) any flight arriving at an EU airport operated by an EU-based carrier. So if you fly Ryanair from New York to London, you're covered on the return leg (EU departure) but not the outbound. If you fly Lufthansa from New York to Frankfurt, both legs are covered.

Compensation Amounts and Qualifying Delays

The compensation structure is based on flight distance and delay length. For flights under 1,500km (e.g., London–Paris, London–Barcelona): you are entitled to €250 if your arrival is delayed by 3+ hours. For flights 1,500–3,500km (e.g., London–Athens, London–Reykjavík): €400 compensation for 3+ hour arrival delay. For flights over 3,500km between EU and non-EU destinations: €600 for delays of 4+ hours. Airlines can reduce the compensation by 50% if they can offer re-routing that gets you to your destination within a certain window of the original arrival time. Cancelled flights entitle you to either a full refund or re-routing, plus compensation if you were given less than 14 days' notice.

Extraordinary Circumstances: The Airline's Escape Clause

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Airlines can avoid paying compensation by citing 'extraordinary circumstances' beyond their control. Legitimate extraordinary circumstances include: severe weather (storms, blizzards, volcanic ash), air traffic control strikes, security emergencies, and political instability. Airlines cannot use this clause for: technical faults with the aircraft (unless caused by a hidden manufacturing defect), staff strikes (considered within the airline's control in most EU court rulings), or overbooking. The distinction matters enormously — if your Ryanair flight is delayed 5 hours due to a technical fault, the airline cannot escape payment by calling it extraordinary. If your flight is cancelled due to an ATC strike, they can. To claim, submit your case directly to the airline first, then to the National Enforcement Body (Civil Aviation Authority in the UK, DGAC in France) if refused. Claim companies like AirHelp, ClaimCompass, or Flightright will take your case on a no-win-no-fee basis, typically taking 25–35% of the compensation as their fee.

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Frequently Asked Questions

How much compensation am I owed for a 4-hour delay on a London–Athens flight?

London to Athens is approximately 2,400km, placing it in the 1,500–3,500km band. A 4-hour arrival delay entitles you to €400 per passenger under EC 261/2004, assuming the delay was not due to extraordinary circumstances.

Does EU flight delay law still apply to UK flights after Brexit?

The UK retained equivalent regulations as UK261 after Brexit. The rules are largely identical to EU261 for flights departing UK airports or operated by UK carriers. Flights operated by EU carriers arriving in the UK are covered by EU261 and enforced by the relevant EU national authority.

What if the airline says the delay was due to bad weather?

Weather is a legitimate extraordinary circumstance. However, if the delay cascaded from weather on a different flight (knock-on effect) or if the bad weather was known in advance and the airline failed to reroute you, the claim may still succeed. Contest airline refusals with the National Enforcement Body.

Is it worth using a claim company like AirHelp?

For claims under €300, the no-win-no-fee approach saves you effort but costs 25–35% of your payout. For larger claims (€400–600), consider claiming directly first — it's free and many airlines pay out with minimal hassle. Use claim companies only if the airline refuses your direct claim.

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