The rule that applies depends on where the flight departed and which airline operated it, not on your nationality. EU rules cover every flight leaving an EU or EEA airport, and flights into the EU operated by an EU airline (Art. 3(1), Regulation 261/2004).
The UK copy of the regulation works the same way for UK airports and UK or EU airlines flying into the UK. If you are unsure which regime covers you, the rights calculator sorts it out in a few questions.
How much you can claim in the EU and UK
The regulation itself only mentions compensation for cancellations. The Court of Justice extended it to delays: passengers who reach their final destination three hours or more late are treated like passengers of a cancelled flight (CJEU, Sturgeon, C-402/07, confirmed in Nelson, C-581/10).
| Flight distance | EU / EEA | UK |
|---|---|---|
| Up to 1,500 km | €250 | £220 |
| Over 1,500 km within the EU, and other flights of 1,500–3,500 km | €400 | £350 |
| Over 3,500 km, arriving 3 to 4 hours late | €300 | £260 |
| Over 3,500 km, arriving more than 4 hours late | €600 | £520 |
The amounts are per passenger, the same for a €30 ticket and a €900 one (Art. 7(1)). Children with their own paid seat count. Distance is measured in a straight line from the first departure airport to the final destination, even with a connection (CJEU, Bossen, C-559/16).
The airline does not have to pay if it proves the delay was caused by extraordinary circumstances that it could not have avoided with all reasonable measures (Art. 5(3)).
- Bad weather and air traffic control restrictions usually qualify.
- A technical problem or a strike by the airline’s own staff usually does not.
What counts as arrival time
The clock stops when at least one door of the aircraft opens and passengers are allowed to leave (CJEU, Germanwings v Henning, C-452/13). Touchdown is not arrival.
Tip
If your flight was close to three hours late, note the time the doors opened and take a photo of the arrivals board.
With connecting flights on one booking, only the delay at the final destination counts. See missed connection.
Care while you wait
Care is owed even when the cause is extraordinary (Art. 6 and Art. 9). It starts when the expected delay at departure reaches:
| Flight distance | Care starts after |
|---|---|
| Up to 1,500 km | 2 hours |
| Over 1,500 km within the EU, and other flights of 1,500–3,500 km | 3 hours |
| All other flights | 4 hours |
Care means:
- Meals and drinks in reasonable relation to the waiting time.
- Two phone calls or emails.
- A hotel when the new departure is the next day or later, and transport to and from the hotel.
Tip
If the airline gives you nothing, buy what you reasonably need, keep every receipt and claim it back.
The five-hour refund
Once the delay reaches five hours, you may give up the trip and get a full refund of the ticket within seven days, including parts of the journey already flown if they no longer serve any purpose, plus a flight back to your first point of departure where relevant (Art. 6(1)(iii) and Art. 8(1)(a)).
The refund is separate from compensation.
Brazil
On flights departing from Brazilian airports, ANAC Resolution 400/2016 gives no fixed sum for delay. It gives material assistance according to the waiting time (Art. 27):
- More than 1 hour: means of communication (this item is removed from 26 October 2026 by Resolution 813/2026)
- More than 2 hours: food
- More than 4 hours: accommodation if an overnight stay is needed, and transport to and from it
When the delay passes four hours, you choose between:
- Re-accommodation on another flight.
- A full refund.
- Completing the trip by another mode of transport (Art. 21).
Damages beyond that are claimed under the Consumer Defence Code, usually in a small-claims court. More in ANAC Resolution 400. On a flight within Brazil, see delayed flight in Brazil and moral damages for a flight delay.
United States
There is no federal compensation for delays.
What US rules do give is a refund: if a domestic flight is delayed three hours or more, or an international flight six hours or more, and you decide not to travel, the airline must refund the ticket automatically (14 CFR Part 260).
Meals and hotels depend on each airline’s own customer service commitments. Details are in US DOT rules.
What to do at the airport
- Ask the airline staff for the reason for the delay and write down exactly what they say.
- Ask for meal vouchers once the care threshold passes. If refused, keep receipts.
- Keep your boarding pass and booking confirmation.
- Note the time the aircraft door opened on arrival.
- Do not accept a voucher in place of money unless you prefer it. Compensation is paid in cash, bank transfer or cheque unless you agree in writing to something else (Art. 7(3)).
Then send the airline a written claim. Our claim letter has the wording, and how to claim covers what to do if the airline refuses.
If you would rather not handle the claim yourself, companies such as AirHelp and Compensair do it for you and keep 35% of the compensation when they win, more if the case goes to court (AirHelp price list and Compensair payment policy, read on 8 October 2026). Claiming directly from the airline is free. The trade-offs are in claims companies.
A change coming in 2027
The EU adopted a revision of the regulation in 2026 (Regulation (EU) 2026/2202).
Good to know
It applies from 23 October 2027, and flights before that date follow the rules above.
What changes and what stays:
- The three-hour threshold and the €250, €400 and €600 amounts stay.
- The half-rate will only apply to the €600 band, when arrival is no more than four hours late.
- Requests for compensation will have to reach the airline within nine months of the flight, and the airline will have 30 days to pay or explain its refusal.