What is EC 261/2004 and who does it protect?
Regulation (EC) No 261/2004 is the main piece of European law governing the rights of air passengers. It was created to push airlines to stick to their schedules and to compensate passengers properly when their plans are disrupted.
The Regulation doesn’t cover every flight. To be entitled to compensation, your flight has to meet one of these conditions:
- Departure from the EU: the flight departs any EU airport (plus Iceland, Norway, Switzerland). The airline doesn’t matter.
- Arrival into the EU: the flight arrives at an EU airport and is operated by an airline based in the EU.
Examples:
- London → Hurghada (Pegasus Airlines): YES (departure from EU)
- Hurghada → London (Pegasus): NO (arrival into EU, but a non-EU carrier)
- New York → Frankfurt (Lufthansa): YES (arrival into EU on an EU carrier)
| Departure | Arrival | Airline | EC 261 entitlement |
|---|---|---|---|
| London | Munich | Lufthansa | Yes |
| London | Dubai | Emirates | Yes |
| Dubai | London | Lufthansa | Yes |
| Dubai | London | Emirates | No |
The three (and a half) situations: delay, cancellation, denied boarding
Compensation isn’t automatic for every problem. It has to be one of these situations.
Compensation is payable when you arrive at your final destination 3 hours or more late. Delay is counted by the moment the aircraft doors open after landing — neither the departure delay nor the runway touchdown is decisive.
If the airline cancels and informs you less than 14 days before departure, compensation applies. Earlier notice (e.g. a month ahead) entitles you only to a refund or rerouting.
Airlines sell more tickets than seats. If everyone shows up and you don’t get a seat, compensation is immediate. Always ask for written confirmation of the overbooking.
If a delay on the first leg causes you to miss the connecting flight and you arrive at the final destination 3 hours or more late, the entitlement covers the whole journey. The condition: both legs must be on a single booking.
How much compensation am I entitled to?
Compensation doesn’t depend on the ticket price. Even on a €30 ticket you can be entitled to €250. The amount is set by flight distance.
| Flight distance | Compensation | Typical routes |
|---|---|---|
| Up to 1,500 km | €250 | London – Madrid, Rome – Vienna |
| 1,500–3,500 km | €400 | London – Hurghada, Rome – Antalya |
| Over 3,500 km | €600 | London – Dubai, Frankfurt – New York |
For long-haul flights (over 3,500 km) delayed by 3–4 hours, the airline may halve the compensation (to €300). The full €600 applies when the delay is over 4 hours.
Extraordinary circumstances: when the airline doesn’t have to pay
Compensation doesn’t apply if “force majeure” hits. The airline is released from paying financial compensation (the duty of care still stands).
No compensation (airline couldn’t have controlled it):
- Airport closure due to snowstorm, fog or high winds
- Air traffic control strike
- Terrorist threat or airspace closure
- Bird strike
Compensation payable (airline is responsible):
- Routine technical faults — part of normal operations
- Crew illness — the airline must have reserve staff
- Strike by the airline’s own staff (pilots, cabin crew)
The most common excuse is “weather” — when in fact weather wasn’t the main cause. If your claim was rejected, let us check it.
Right to care: food and a hotel on the airline
Alongside financial compensation, you have a right to care while waiting for a delayed flight. This right applies always, even in a genuine extraordinary circumstance.
Free of charge:
- Refreshments (food and drink proportionate to the wait)
- Two phone calls or emails
- Accommodation if departure is moved to the next day
- Transport between airport and hotel
If the airline doesn’t provide it, buy what you need, keep the receipts, and claim it back. A warning: alcohol and luxury dinners are not reimbursed.
How to claim, step by step
On your own
- Find the EC 261 form on the airline’s website (often hidden or missing entirely).
- Fill it in and attach the tickets.
- Wait — airlines typically take weeks to months.
- If they reject, push back or go to the national civil aviation authority.
Through Refundio
- Submit (2 minutes): enter the flight number and date in the form.
- Analysis: our lawyers verify all the data on your flight (weather, previous rotations).
- Recovery: we contact the airline. If they refuse, we go to court.
- Payout: as soon as the money lands, we transfer it to your account. In some cases we pay upfront.
Refundio has helped more than 20,000 clients. Total compensation paid out exceeds €4 million. The success rate on accepted cases is 98 %. 4.8/5 on Trustpilot (900+ reviews).
Airline rejected the claim. What now?
Airlines reject up to 60–80 % of claims filed directly by passengers. A large share of those rejections are unjustified. If it happens to you, contact us — we’ll review the case for free, and if the entitlement is there, we’ll escalate it legally at our own cost.