Explainers

The right to care (Art. 9)

Meals, calls and a hotel — owed even when no cash compensation is, and with no upper limit.

Legal referenceEU 261, Art. 9; McDonagh C-12/11

Separate from cash compensation, Art. 9 gives you a "right to care" whenever a flight is cancelled or significantly delayed — even when extraordinary circumstances mean no compensation is owed.

What care covers

  • Meals and refreshments in reasonable relation to the waiting time
  • Two phone calls, emails or similar means of communication
  • Hotel accommodation when an overnight stay becomes necessary
  • Transport between the airport and that accommodation

In McDonagh — the case from the 2010 Icelandic ash-cloud closures — the Court held there is no time limit and no financial cap on care: the airline must keep providing it for as long as the disruption lasts.

If the airline fails to provide care and you pay for it yourself, keep the receipts and reclaim the reasonable costs afterwards.

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