Your Rights Under EU261
EU Regulation 261/2004 is one of the strongest passenger protection laws in the world. It covers flights departing from any EU airport and EU airline arrivals into the EU — regardless of whether the airline is based in Europe.
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Who is covered
EU261 applies to: (1) any flight departing from an EU airport, regardless of the airline — this includes US carriers like Delta or United flying out of EU airports; and (2) flights arriving at an EU airport operated by an EU-based airline. If you fly London to Paris on Air France, both legs may be covered. If you fly New York to Paris on Delta, only the return leg (Paris departure) is covered.
Fixed compensation amounts — not based on your ticket price
Unlike US DOT rules, EU261 compensation is a fixed amount that has nothing to do with what you paid for your ticket. A passenger on a €50 budget flight gets the same compensation as someone who paid €500 for the same route.
Under 1,500 km
€250
e.g. Paris → London
1,500 km – 3,500 km
€400
e.g. London → Cairo
Over 3,500 km
€600
e.g. Paris → New York
When you qualify
EU261 compensation is triggered by three situations: (1) your flight arrives 3 or more hours late; (2) your flight is canceled with less than 14 days' notice; or (3) you are involuntarily denied boarding due to overbooking. For cancellations, the airline can reduce or eliminate compensation if they offered you a rerouted flight that arrived within 2–4 hours of your original scheduled arrival, depending on distance.
Extraordinary circumstances — airlines overuse this defense
Airlines can refuse EU261 compensation if the disruption was caused by 'extraordinary circumstances' — events outside the airline's control that couldn't have been avoided even with all reasonable measures. Genuine examples: severe weather, political instability, air traffic control strikes, security incidents. What is NOT extraordinary circumstances: mechanical failures (airlines are responsible for aircraft maintenance), crew shortages, technical problems discovered during routine checks. Airlines routinely try to claim these as extraordinary circumstances. Courts across the EU have repeatedly ruled against airlines on this — but only when passengers push back.
How far back you can claim — it varies by country
EU261 doesn't set a single claim window — it defers to each country's limitation period for contract or tort claims. This means an old flight might still qualify depending on where your case would be heard:
United Kingdom
6 years
England, Wales, Northern Ireland
France
5 years
From date of flight
Germany
3 years
Calendar year + 3
Netherlands
2 years
Shorter than most
Ireland
6 years
Statute of Limitations Act
Airlines deny valid EU261 claims more than you'd think
Studies suggest airlines deny or ignore valid EU261 claims on first submission roughly 30–40% of the time. The strategy is straightforward: most passengers accept the first 'no' and move on. Airlines know that escalating a claim to a National Enforcement Body or court costs them more than the compensation itself — but only if you actually escalate. Persistence is the most powerful tool a passenger has. TravelStacks escalates automatically.
How TravelStacks helps
TravelStacks checks your flight's eligibility against EU261 criteria, calculates your exact compensation based on route distance, and handles the claim with the airline — including escalation if they deny or ignore it. We charge 25% of what we recover, nothing if we don't. No paperwork, no chasing airlines, no waiting on hold.
Check My Flight — FreeEU261 passenger rights — frequently asked questions
How much compensation can I get under EU261?
EU261 pays fixed amounts based on flight distance: €250 for flights under 1,500 km, €400 for flights between 1,500 and 3,500 km, and €600 for flights over 3,500 km. These amounts are per passenger and are independent of what you paid for your ticket. For very long delays (5+ hours), you may also be entitled to a full refund of your ticket if you chose not to travel.
Does EU261 apply to non-EU airlines?
It depends on the flight direction. EU261 applies to all airlines — including US carriers like Delta, United, and American — for flights departing from an EU airport. So if you flew Delta from Paris to New York and were delayed, EU261 applies to that Paris departure. For the return flight (New York to Paris on Delta), only US DOT rules apply since Delta is not an EU carrier.
What counts as extraordinary circumstances under EU261?
Genuine extraordinary circumstances include severe weather (storms, volcanic ash), political unrest, air traffic control strikes, and security incidents. What does NOT qualify: mechanical faults, technical issues found during pre-departure checks, crew unavailability, and most operational problems. Airlines frequently cite these as extraordinary circumstances — but EU courts have consistently ruled against them on these grounds when claims are properly escalated.
Can I claim for a flight from 3 years ago?
Possibly, yes. EU261 doesn't set its own limitation period — it follows each member state's general contract or tort law. UK flights have a 6-year window, France 5 years, Germany 3 years (calendar year plus 3), Netherlands 2 years. If your flight departed from the UK or Ireland, you may be able to claim flights going back 6 years. TravelStacks checks eligibility for past flights automatically.
What if the airline ignores my EU261 claim?
Airlines are required to respond to EU261 claims, but many delay or ignore them hoping you'll give up. If the airline doesn't respond or denies a valid claim, you can escalate to the National Enforcement Body (NEB) in the country of departure, or take the case to small claims court. TravelStacks handles both escalation paths automatically — we follow up at 7, 14, and 21 days and escalate if the airline doesn't respond.
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