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Regulation (EC) 261/2004

Your rights as a passenger

A free, readable explanation of European passenger rights.

When are you entitled to compensation?

EU261/2004 entitles passengers to fixed compensation for:

  • Arrival delay of 3 hours or more (based on the Sturgeon ruling of the EU Court of Justice, C-402/07);
  • Cancellation less than 14 days before departure (without suitable rebooking);
  • Denied boarding against your will (overbooking).

Which flights does this apply to?

  1. All flights departing from an EU airport (incl. UK, Iceland, Norway, Switzerland) - regardless of the airline;
  2. Flights to an EU airport only if the operating airline is EU-established.

Non-EU airlines (such as Turkish Airlines, Emirates) on flights from outside the EU to the EU are not covered by EU261.

How much compensation?

Distance Indemnisation Halved when
Up to 1500 km €250 2-3 heures (€125)
1500 - 3500 km or within EU €400 3-4 heures (€200)
More than 3500 km - intercontinental €600 3-4 heures (€300)

When NOT (extraordinary circumstances)

No compensation due for:

  • Extreme weather conditions (storm, volcanic ash);
  • ATC or airport staff strike (not airline's own staff);
  • Political instability, security threats;
  • Airspace closure imposed by authorities.

Yes compensation for: technical fault, own-staff strike, no-show crew, airline operational choices.

Délai de prescription

In the Netherlands, a limitation period of 3 years applies (HR ECLI:NL:HR:2017:2477). So you can claim back up to 3 years after the flight.

Other rights besides compensation

  • Right to care: in case of delay, right to meal, drink, phone call, possibly hotel (Art. 9);
  • Rebooking or refund: choice upon cancellation (Art. 8);
  • Compensation for additional costs: separate claim in addition to EU261 compensation.

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