Flight Delay Compensation – know your rights
Air travel is not always the smooth sailing experience we’d like. Unfortunately, flight delays happen. If you’ve been on a delayed flight, you may be able to claim up to $700 in flight delay compensation under European legislation called EC 261.
Read on to learn about your air passenger rights and how to claim delayed flight compensation.
Delayed Flight Claim: When Are You Eligible for Flight Delay Compensation?
Under EC 261, you are entitled to file a delayed flight claim for $700 (€600) cash flight compensation if:
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You arrive at your destination more than three hours later than planned.
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The flight took off in the EU (from any airline) or landed in the EU (provided that the airline is headquartered in the EU).
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You have checked in for your flight on time (generally no less than 45 minutes before departure).
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You encountered these problems on a flight operated no more than three years ago.
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The airline is responsible for the delay (e.g. operational circumstances and technical difficulties).
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It doesn’t matter whether the airline has already provided you with food, refreshments, or travel vouchers.
How Much Compensation Should You Get for a Flight Delay?
For flights covered by EU law EC 261, any delay longer than three hours entitles you to financial compensation.
The amount of delayed flight compensation you’re entitled to depends on a couple of factors, including how long you have been delayed and the distance of your flight. This chart breaks it down:
| Less than 3 hours | 3 – 4 hours | More than 4 hours | Never arrived | Distance |
|---|---|---|---|---|
| ❌ € – | ✔️ €250 | ✔️ €250 | ✔️ €250 | All flights are 1,500 km or less |
| ❌ € – | ✔️ €400 | ✔️ €400 | ✔️ €400 | Internal EU flights over 1,500 km |
| ❌ € – | ✔️ €400 | ✔️ €400 | ✔️ €400 | Non-internal EU flights between 1,500 km and 3,500 km |
| ❌ € – | ✔️ €300 | ✔️ €600 | ✔️ €600 | Non-internal EU flights over 3,500 km |
Flight Compensation for Business Travelers and Public Officials
Many people think that their employer will be entitled to any compensation for a delay during a business trip, but that’s not the case.
In fact, it is the passenger who has suffered the inconvenience that is entitled to flight delay compensation, not the person who paid for the ticket.
This is the general principle set out in the EU Air Passenger Rights Regulation for major flight delays, cancellations, and cases of overbooking. It doesn’t matter whether you’re an employee of a private-sector company or a public official.
Right to Care: What You Can Get Besides EU Flight Delay Compensation
When you’re stuck waiting for the airline to get you back on track toward your destination, European law EC 261 says you’re entitled to a number of essentials, depending on your flight details.
The carrier must provide you with meals and refreshments during the delay as well as access to communications, including two telephone calls, telex or fax messages, and emails.
If overnight accommodations are necessary, they must provide you with a hotel room and transportation to and from the airport.
Beyond Airline Compensation: Other Rights That Come With EC 261
Right to reimbursement or re-routing
In addition to compensation for your loss of time, if your delay exceeds five hours, you are entitled to a full or partial refund of your original ticket and a return flight to your point of departure, if needed.
Upgrading and downgrading
If you are offered an alternative flight and are lucky enough to get an upgrade, the airline isn’t allowed to charge you anything extra. On the other hand, if the class of the alternative flight is lower, you can get a reimbursement of between 30-75% of the price you originally paid.
Further compensation
Even if you are compensated under EC 261, this doesn’t affect your right to request further compensation.
This rule doesn’t apply in cases where passengers have voluntarily surrendered their reservations. But bear in mind that the amount you are entitled to under EC 261 may be deducted from whatever additional compensation you receive.
What are US air passenger rights?
Unfortunately, US laws regarding passenger rights when your flight is delayed or canceled are not as extensive as European or international laws.
US laws are, however, beneficial to individuals who are denied boarding, passengers experiencing tarmac delays or travelers who experience luggage problems.
Denied boarding
Airlines in the US are more likely to overbook their flights than airlines in Europe. Consequently, there are strong laws in place governing your right to be compensated. If you are denied boarding due to overbooking in the US you could be entitled to up to $1,350 compensation.
All you need to do is submit your flight details — if they are eligible, AirHelp will handle the claim process on their behalf.
