Explainers

What is EU 261/2004?

The regulation behind every EU flight-compensation claim — what it covers, who it protects, and the one exception airlines lean on.

Legal referenceRegulation (EC) No 261/2004

EU 261/2004 is the regulation that gives air passengers a right to cash compensation and to care when a flight is cancelled, delayed by three hours or more on arrival, or when boarding is denied because of overbooking. It has applied since 17 February 2005 and is identical across every EU country.

When it applies

Two situations are covered. First, any flight departing from an airport in the EU (plus Iceland, Norway and Switzerland), regardless of the airline. Second, any flight arriving in the EU that is operated by an EU-licensed airline. A purely non-EU flight — say New York to Bangkok on a US carrier — falls outside its scope.

What you can get

Fixed compensation of €250, €400 or €600 depending on distance (Art. 7); a choice of reimbursement or re-routing (Art. 8); and the "right to care" — meals, communication and, if needed, a hotel (Art. 9). Compensation is paid per passenger and does not depend on what you paid for the ticket.

The exception

The airline does not owe the cash compensation if it proves the disruption was caused by "extraordinary circumstances" it could not have avoided (Art. 5(3)). The duty to provide care still applies even then, and the burden of proof sits with the airline — not with you.

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