Americans are still heading to Europe in record numbers, and all that demand coupled with airport and airline staffing issues – even strikes – means disruptions are inevitable. But if your flight to, from, or within Europe gets delayed, you may not be out of luck as you would be here in the states.
That's because Europe has far more protections for travelers than the U.S. And that's all thanks to a European Union regulation called EU261.
For nearly two decades, Europeans have relied upon this rule to get a payday when things go wrong in the air: Up to 600 euros (or roughly $633 USD, as of publication) depending on the flight and length of the delay. In some situations, travelers are guaranteed free meals and hotel stays. Despite its exit from the European Union, a similar rule applies in the United Kingdom, too.
A new federal refund rule means travelers here in the U.S. can get their money back quickly when airlines cancel flights – but compensation for delays is still out of the question. Yet Americans heading across the pond can take advantage of this rule for a payout when things go wrong … sometimes, at least.
But the regulations are confusing, filled with ifs and buts that can make it hard to figure out whether you're entitled to a payout or not. And actually getting that money in your hands after a flight disruption can be easier said than done.
Here's how the EU261 rule works.
What is EU261, Anyway?
Let's start with some background, because it's important. In the U.S., regulators have left it up to the airlines to decide how to do right by consumers when they fail.
There’s no legal requirement for airlines to compensate travelers – or even to feed customers or put them up in a hotel when they get stranded overnight. Travelers are entitled to be placed on the next available flight (be it hours or days away) or request a refund and try to rebook their trip. And that's it.
It's much, much different in Europe.
Since 2005, Europeans and tourists flying to, from, or within Europe have enjoyed some of the best consumer protections for air travel in the entire world. Commonly dubbed EU261, this regulation requires certain airlines flying certain routes to compensate passengers for delays and cancellations in certain situations.
While you can read through the entire regulation from the Official Journal of the European Union, we'll spare you the legal jargon and break down the basics.
Which Flights are Covered?
Basically, any flight on any airline departing from a European airport is covered. That's true whether you're flying within Europe or heading west back to the States.
Flying from a non-EU airport – like any U.S. airport, for example – to Europe? It depends.
Before we dive into specific scenarios, here's quick chart to determine whether or not you'll be eligible for compensation on your flight to or from Europe.
Route | On an EU airline | On a US/Canadian airline |
---|---|---|
Within Europe | Yes | N/A |
From the US/Canada to Europe | Yes | No |
From Europe to the US/Canada | Yes | Yes |
Wholly outside Europe | No | No |
What About Flights on U.S. Carriers?
Sometimes, yes. Sometimes, no.
Any flight departing from an EU airport is covered. That means if you're flying back home on American, Delta, or United, the EU261 compensation rules will apply just the same as they would if you were flying a European airline like Iberia, Lufthansa, or Air France.
However, if you're flying a US-based or Canadian-based carrier departing from North America to Europe, these flights are not covered. This means flights to Europe that are operated by airlines like American, Delta, JetBlue, United, Air Canada, Air Transat, or WestJet will not qualify for compensation under the EU261 law.
What if I'm Flying From the U.S. to Europe?
When flying from the U.S. to Europe, only flights operated by an EU-based airline will be eligible for EU261 compensation.
So if you are flying on a flight departing from the U.S. to Europe on a non-EU-based airline – think American, Delta, or United – your flight is not eligible for compensation.
What if I'm Flying from Europe Back to the U.S.?
When flying from Europe back home, you don't need to worry about which airline you're flying.
All flights departing from Europe are eligible for flight delay compensation.
Are Connecting Flights Covered?
Yes.
As long as you are booked on one single itinerary, any flight that originates from an EU airport is eligible. This includes connecting flights that may be operated by a different airline – including U.S. carriers within the U.S. itself.
A recent court ruling clarified that these connections are subject to these rules. For instance, if you were flying from Amsterdam (AMS) to Minneapolis-St. Paul (MSP) with a stop in Newark (EWR), a delay on the long flight to Amsterdam could qualify for compensation. But if you don't arrive in Minneapolis within four hours of your scheduled arrival, you could be eligible, too.
What About Flights within Europe?
All flights within Europe are covered under EU261, including flights on low-cost airlines like Ryanair, Vueling, and Wizz Air.
Just keep in mind that because these flights are much shorter, the payouts will be lower than a delay on a long-haul transatlantic route.
The operating airline is held responsible. For example, if you purchased a flight from Chicago (ORD) to Frankfurt (FRA) on United's website, but Lufthansa actually operates the flight, the EU261 rule would still apply (since Lufthansa, an EU-based airline, is the operating airline).
The official EU website spells this out even further to say that if an airline happens to hire another aircraft to operate its flight, the airline which hires the aircraft is responsible and considered the operating airline under EU rules.
How Much Compensation Can You Get?
The amount of compensation you'll receive varies based on the flight's distance. And the threshold for how long your flight can be delayed before you are entitled to any compensation goes up depending on the distance as well.
Length of flight | Delay length | Compensation |
---|---|---|
Under 1,500km (932 miles) | At least 2 hours | 250 euro ($264 USD) |
1,500km - 3,500km (932 - 2,175 miles) | At least 3 hours | 400 euro ($422 USD) |
Over 3,500km (2,175 miles) | At least 4 hours | 600 euro ($634 USD) |
Thrifty Tip: Not sure how long your flight is? Plug your route into GCMap.com!
All flights between North America and Europe fall in the highest category, so your arrival at your destination needs to be delayed by at least four hours in order to qualify for the 600-euro compensation when flying across the Atlantic.
Delays are calculated according to the time you arrive at the gate at your destination – not when you depart. That means you could depart four hours late but arrive earlier than that and miss out on compensation. But if you touch down within a four-hour threshold but take a while taxiing to your gate, you could qualify.
If you're using the UK261 rule for compensation, the amount is nearly identical when you figure in the exchange rate.
What Delays & Disruptions Qualify for Compensation?
Of course, not all flights delays are equal.
This rule is powerful, but it only applies to delays that are within the airline's control. This means that any delay due to “extraordinary circumstances” does not qualify for compensation, which leaves a little wiggle room for the airlines to deny compensation … or at least try to.
By the letter of the law, delays that do not qualify for compensation include:
- Delays related to weather, air traffic control, strikes, security risks, or political instability will not qualify for compensation.
Delays that do qualify:
- Mechanical issues, crew-related (insufficient staff), late arrival of an aircraft, and generally any other delay that is wholly within the airline's control – including strikes involving airline staff.
You Must Check In On-Time to be Eligible
Yes: You must check in for your flight by the minimum check-in time according to your airline in order to be eligible for any flight delay compensation.
This can vary depending on your departure airport and airline so check with your airline for specifics. If no specific time is indicated, you must be checked in no later than 45 minutes before the published departure time. This includes online check-in.
What if I Booked with Miles?
It doesn't matter how you booked!
Virtually any flight is eligible for EU261 compensation, whether you booked with miles or paid cash. The only fares that won't be eligible are deeply discounted or free tickets provided by the airline – fares that aren't available to the general public.
What if My Flight Gets Canceled?
This rule doesn't just apply for delays.
You may be eligible for compensation if your flight gets canceled within 14 days of departure. However, if your flight is canceled further in advance, you would simply be owed a refund or re-routing.
Just as with delays, if your flight is canceled for “extraordinary circumstances,” you're not eligible for compensation. If your flight is canceled for reasons within the airline's control, the airline must offer you the choice between:
- A refund plus a return flight to your original departure point if you are on a connecting flight;
- A re-routing to your final destination at the earliest opportunity; or
- A re-routing at a later date of your choice under comparable transport conditions, subject to seat availability.
If you are informed of the cancellation less than two weeks before departure, you'll also be owed the compensation listed above, unless you're offered a re-routing that is scheduled to depart no more than two hours prior to the originally scheduled departure and arrives at your final destination less than four hours after the scheduled time of arrival.
If you are informed of the cancellation less than one week before departure, you're owed compensation unless you're offered a re-routing departing no more than one hour prior to the original scheduled departure and it arrives at the final destination less than two hours after the scheduled arrival time.
Which Countries Are Covered by EU261?
Naturally, flights from and to all 27 EU nations are included in this rule.
As of publication, that includes Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
But it goes beyond just EU countries. If you are flying to or from Iceland, Norway, Switzerland, or certain European islands like the Azores, Madeira, or the Canary Islands, these regulations still apply. It even extends to flights to and from European territories around the world, including Guadeloupe, French Guiana, Martinique, Reunion Island, Mayotte, and Saint-Martin (French Antilles).
One key exception: It does not apply to the Faroe Islands.
Flying from the United Kingdom? You're Still Covered under UK261 Rule
Although the UK separated from the European Union in early 2020 after Brexit, it has adopted a nearly identical rule.
In practice, this means:
- If you're flying any airline from the UK back home, you're covered.
- If you're flying British Airways, Norse Atlantic, Virgin Atlantic, Air France-KLM, Lufthansa, etc. from the U.S. or Canada to the UK or EU, you're covered.
- If you're flying Air Canada, American, Delta, JetBlue, United, or WestJet from the U.S. or Canada to the UK, you're not covered.
There will be some overlap between the EU261 and UK261 rules when flying between the UK and EU and passengers can then decide which rule they prefer to use to get compensation from the airline. You just aren't able to double dip and claim both forms of compensation.
What About Hotels & Meals?
In addition to cash compensation, you also may be entitled to hotel accommodations and meals.
It's spelled out as a “Right to care,” requiring airlines to provide meals and refreshments in a “reasonable relation to the waiting time.” Some U.S. airlines choose to do this on their own in their contracts of carriage. In Europe, it's guaranteed.
It also requires the airline to provide you with a hotel if your delay or cancellations forces you to take a flight the following day. Plus, airlines are required to provide transport to and from the hotel and two free phone calls in these instances.
How to File a Claim for Compensation
Of course, most airlines aren't going to simply proactively pay you money if your flight is delayed or canceled – you'll need to file a claim yourself. And the airlines may do all they can to avoid paying.
This means it's important to document any flight delays with screenshots of official flight status times and reasons for the delay. Each country and airline has its own deadlines as to how long you have to file a claim … but it's best to file as soon as possible.
When you're ready to file a claim, every airline does it a bit differently: Some have an automated online form while others require you to submit a claim via email or even by mail. Every airline has a dedicated page that lays out all the requirements and processes.
Start by searching your airline's name with EU261. For example, search for “United EU261” if you're trying to file a claim for compensation after a four-hour delay on a United flight from Brussels (BRU) back to the U.S.
You'll find some airlines are better than others at providing this information. You can use this form to fill out and submit if the airline doesn't provide something.
You'll need to file the claim with the operating airline responsible for the flight delay or cancelation. It can take some time to get a response from an airline, so give it a few weeks to a month or so before following up if you don't get a response.
If you don't have any luck with the airline directly, the next step would be to file a complaint with the relevant national authority where the operating airline is based. The official website of the European Union has a list of links to each country's national consumer bodies.
Hire a Company to File (and Fight) for You
We'd recommend trying to file a claim yourself first in order to get full compensation. In some cases, it may be quick and easy to get your money. But that's not always the case.
There are a handful of companies dedicated to filing claims for EU261 on your behalf … for a fee – and these fees can be fairly substantial. Some companies ask for 25% or more of your claim as payment. If you're traveling as a family, that can add up fast.
A simple Google search will yield many results, but some of the best-rated companies fighting for EU261 compensation include:
Bottom Line
Europe does what the U.S. does not: Guarantees some compensation when your flights get delayed or canceled.
Under EU261 rules, you may be entitled to up to 600 euros (~$634) in compensation for lengthy delays when flying long-haul, with lower payouts on shorter flights within Europe. While there are some nuances and it can be a time-consuming process to actually get that money, it's a consumer-friendly protection that assures flyers some recourse when airlines significantly delay or cancel flights.
Terribly disappointed with Air France. My flight from Mumbai, India arrived late in Paris because the departure was delayed by more than an hour not because of weather or mechanical reasons. Upon arriving at Paris my flight to EWR had already departed and I was placed on a flight to JFK 5 hrs later and I ended up taking Uber $275 to reach my home in NJ. Air France only offered an apology. No one should fly Air France.
Don’t think I am covered under the rule. I booked a flight from Newark to Florence with United using Chase Rewards points for me and three family members. United was late to depart because the coffee maker needed repair. They arrived late for a connecting flight in Brussels. I spent two days in Florence with no luggage. On day three, I had to sort through over 1000 pieces of luggage at the Florence airport to find our luggage. In the meantime, I had to buy clothes and toiletries for four adults aside from the stress it caused. Had to cancel two tours I had pre paid. Do I have any recourse?
I have a flight in May that was reserved through Virgin Atlantic, flying on Air France. AF has cancelled this flight, but not notified me. I verified with VA that AF cancelled the flight. They cannot find any flight to rebook me on without charging me double the points I used. As the operating airline, if AF never notifies me, can I make a claim against them once I am within the two week window?
We got our fight cancelled from Cyprus to Manchester we were not put in the picture with what was going on shipped us to a hotel for the night and are now due to fly home at 6 tonight with a voucher for £15 is very unfair I have lost a day’s pay from work can I be compensated
My flight from Rome to Tel Aviv was cancelled at the last minute….El Al offered nothing and gave no explanation to this day. I found a one way flight ON MY OWN to return to Tel Aviv on a different airline, same night departure as my El Al cancelled flight. Can I claim EU 261 compensation for the last minute EL cancellation AND file for reimbursement with El Al as well???
Did you try this? I am having this same experience with Level today!
I flew from Frankfurt to Doha then Doha to Incheon back in January this year.
My flight from Frankfurt to Doha got cancelled 6 days before departure so they put me on a new flight (same flight, different date). That new flight also got cancelled 2 days before departure. My flight from Doha to Incheon also got cancelled.
Do you know if my compensation is still 600 Euros, when I had two flights originating from the EU cancelled, both less than 2 weeks before departure?
We believe you could only claim compensation for one of the cancellations but this seems like a gray area.