Air passengers travelling from an EU airport, or arriving in the EU on an EU carrier, have a right to fixed compensation when a flight is cancelled or arrives long delayed. The right comes from European Regulation 261/2004, and it is a flat entitlement: it does not depend on proving what the delay actually cost you.
The Regulation itself mentions cancellation. The extension to delays came from the Court of Justice of the European Union in the Sturgeon judgment of 2009, which held that passengers who reach their final destination three hours or more behind schedule are in a comparable position to those whose flight was cancelled, and are entitled to the same compensation. That is now settled law.
When are you entitled to compensation?
Three conditions have to be met. The flight departed from an airport in the European Union, or it arrived in the European Union and was operated by an EU carrier. You had a confirmed reservation and presented yourself for check-in on time. And you reached your final destination at least three hours later than scheduled, or the flight was cancelled without sufficient notice.
Arrival time means the moment the aircraft doors are opened at the destination, not the moment of touchdown. Where a delay is close to the three-hour mark, that distinction decides the claim. What matters is the arrival at the final destination on the booking, so a missed connection that puts you three hours behind counts even if each individual leg was only slightly late.
How much is the compensation?
The amount depends on the distance of the flight rather than on the price of the ticket: 250 euros for flights up to 1,500 kilometres, 400 euros for longer flights within the European Union and for other flights between 1,500 and 3,500 kilometres, and 600 euros for flights over 3,500 kilometres. For the longest category the airline may halve the amount where the delay in arrival is under four hours.
Compensation is separate from the airline’s duty of care during the delay – meals, refreshments and, where necessary, accommodation and transport – and from your right to a refund or re-routing if the flight is cancelled. Those rights exist alongside each other.
When can the airline refuse?
The airline is not liable where the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Severe weather, air traffic control restrictions, political instability and security risks fall within that category.
Much of what airlines invoke does not. Technical defects that arise in the ordinary course of operating an aircraft are generally not extraordinary circumstances, and neither is a strike by the carrier’s own staff, according to the case law of the Court of Justice. The burden of proving extraordinary circumstances, and of showing that it took all reasonable measures, rests on the airline – not on you.
How to claim
Claim from the operating carrier, not from the travel agent or the airline whose code was on the ticket. Set out the flight number and date, the scheduled and actual arrival times and the compensation claimed, and keep the boarding pass and booking confirmation. Where the airline refuses or does not respond, the claim can be enforced through the courts; in the Netherlands claims of this size are dealt with by the subdistrict court, where you do not need a lawyer.
Do not wait indefinitely: a claim for compensation is subject to a limitation period, and in the Netherlands claims under the Regulation are generally treated as prescribing after two years.
Frequently asked questions
Does the ticket price affect the compensation?
No. The amount depends only on the flight distance, so a cheap ticket attracts the same compensation as an expensive one on the same route.
What if the airline offers vouchers?
You are entitled to payment in money. A voucher can be accepted, but only if you agree to it in writing; you are not obliged to.
Does compensation apply to a missed connection?
Yes, where the flights were part of a single booking and you arrived at the final destination three or more hours late.
Assistance with a flight compensation claim
Most refusals turn on the same question: whether the circumstances really were extraordinary, and whether the airline took all reasonable measures. Those are matters the airline has to prove. Has your claim been rejected or ignored? Please contact Law & More; we can assess the refusal and pursue the claim.
