What is EU261?
EU Regulation 261/2004 is a European law that entitles airline passengers to financial compensation when their flight is delayed by 3 or more hours, cancelled without adequate notice, or when they are denied boarding due to overbooking. The regulation applies to:
- Any flight departing from an EU airport, regardless of the airline
- Any flight arriving at an EU airport on an EU-based carrier
- Flights on UK carriers departing from or arriving at UK airports (post-Brexit UK261)
Compensation is fixed by flight distance, not ticket price:
- €250 — flights under 1,500 km
- €400 — flights 1,500–3,500 km, or all intra-EU flights over 1,500 km
- €600 — flights over 3,500 km outside the EU
When Can Airlines Refuse to Pay?
Airlines can deny your EU261 claim if the disruption was caused by "extraordinary circumstances" — meaning events outside their control. This includes:
- Severe weather (not routine turbulence or light rain)
- Air traffic control strikes or restrictions
- Airport security incidents
- Political unrest or acts of terrorism
Technical faults — even uncommon ones — are not extraordinary circumstances unless the manufacturer issued an unexpected safety directive. If the airline claims extraordinary circumstances, ask them for the official cause in writing. If they can't produce documentation, the claim is typically valid.
Step-by-Step: How to File Your Claim
Step 1 — Confirm eligibility. Check that your flight qualifies: EU departure or EU carrier, delay of 3+ hours at final destination, and not caused by extraordinary circumstances. Keep your boarding pass and booking confirmation.
Step 2 — Write a formal claim letter. Your letter should cite EU Regulation 261/2004 (or UK261 for UK flights), state the flight number, date, departure and arrival airports, the actual delay duration at destination, and the compensation amount you are claiming.
Step 3 — Send directly to the airline. Do not use the airline's online form — it is designed to make claims easy to deny. Send a physical letter via certified mail (USPS if in the US, Royal Mail recorded delivery in the UK, or registered post in Europe) to the airline's Customer Relations department. Keep the tracking receipt.
Step 4 — Wait 14 days. Airlines are required to acknowledge and respond within 14 days. If you receive no response or a denial, proceed to Step 5.
Step 5 — Escalate to the National Enforcement Body (NEB). Each EU country has a body that enforces EC261. Filing a complaint with the NEB is free and airlines are legally obligated to cooperate. In the UK, escalate to the Civil Aviation Authority (CAA) or an approved Alternative Dispute Resolution (ADR) scheme like CEDR or Ombudsman Services.
Why Not Use AirHelp or Claim Compass?
Claim management companies like AirHelp, Claim Compass, and Flightright offer to handle your claim in exchange for 25–35% of the compensation. On a €600 claim, that's up to €210 gone. These companies file the same letter you can write yourself — the airline has no obligation to respond differently.
Filing your own claim is straightforward once you have the right letter. The entire process takes about 15 minutes of your time, plus the time to print and mail the letter.
Common Mistakes That Get Claims Rejected
- Filing too late. The statute of limitations varies by country: 6 years in the UK, 3 years in Germany, 2 years in France, 1 year in Greece. Many airlines use a shorter internal deadline — file within 3 months for the best chance of success.
- Accepting a voucher. Once you accept airline vouchers as settlement, you typically waive your right to cash compensation. Always request cash.
- Filing at the departure country instead of destination. EU261 cases are typically filed under the law of the country where the disruption occurred, not where your ticket was purchased.
- Using the airline's online form. These forms route claims through a process designed to minimise payouts. A formal letter with statute citations performs significantly better.