Which flights are covered by EU261?

Two facts decide it: the airport you leave from and the airline that flies the plane. Under Article 3(1)(a) of Regulation 261/2004, any departure from an EU airport is covered. So a Delta flight out of Paris counts as much as an Air France one. Article 3(1)(b) adds flights into the EU, but only when an EU carrier operates them.

Consider a delayed flight from Paris to New York, 5,833 km. If it lands five hours late, it is worth €600 per passenger, unless the airline proves extraordinary circumstances. Flying the other way, New York to Paris, a US airline owes nothing under EU261, because it is not an EU carrier.

The map is wider than the EU itself. The Commission's 2024 Interpretative Guidelines bring in Iceland and Norway through the EEA Agreement. They bring in Switzerland through the 1999 EU–Swiss air transport agreement. They also count outermost regions such as the Canary Islands, Madeira and the Azores as EU territory.

Start with the departure airport, then find the operating airline on your boarding pass. UK departures follow UK261, which pays in pounds.

Look at who flew the plane, not who sold the ticket. A Delta flight number on a plane Air France operates is covered. An Air France flight number on a Delta-operated plane is not.

The rule sits in Article 3(1)(b) of Regulation 261/2004. For flights arriving in the EU from outside it, the operating carrier must hold an operating licence from an EU member state. The Regulation can also step aside if you already received benefits, compensation and assistance in the non-EU country.

Suppose Air France brings you from New York to Paris, 5,833 km, and you reach Paris five hours late. Air France owes €600 per passenger, unless it proves extraordinary circumstances. The same delay on United gives no fixed sum under EU261.

Find the "operated by" line on your booking and boarding pass. If a US carrier flew you, the Montreal Convention is the place to look. It can pay damages you can prove, within limits, but not fixed compensation. Your flight home from Europe is another matter, because every departure from an EU airport is covered.

A Delta flight from Paris to New York, 5,833 km, has a technical problem with the aircraft. It reaches New York five hours late. Delta owes €600 per passenger. Under the Wallentin-Hermann judgment, a routine technical problem is generally not an extraordinary circumstance. From London to New York, 5,540 km, the UK figure is £520.

Article 3(1)(a) of Regulation 261/2004 looks only at the departure airport. When a flight leaves an EU airport, the operating airline owes the Regulation's compensation, care and rerouting. Whether that airline is European makes no difference. The UK retained version does the same for departures from UK airports.

A refusal is still possible if the airline proves extraordinary circumstances, such as severe weather or air traffic control restrictions. It must also show it took all reasonable measures.

Send your claim to the airline that operated the flight. Give the flight number, the date and your arrival time at the final destination. That time is when a door opened and you could leave, not when the wheels touched down.

Picture this: a round trip from Frankfurt to Chicago on United. The Frankfurt to Chicago leg departs the EU, so EU261 covers it. The Chicago to Frankfurt leg flies into the EU on a US airline, so EU261 does not. Book the same trip on Lufthansa and both legs are covered, because Lufthansa holds an EU licence.

The 2024 Commission Interpretative Guidelines explain why. They treat outbound and return flights as separate, even on one booking. A covered outbound does not pull the return into scope. Each leg passes or fails Article 3 of Regulation 261/2004 on its own facts.

The route is 6,971 km. A five-hour delay on a covered leg is worth €600 per passenger, unless the airline proves extraordinary circumstances. On the uncovered leg, the airline owes no fixed sum under EU261. A damages claim under the Montreal Convention may still be open for losses you can prove.

Go through the legs one at a time. Note where each departs and who operates it. Keep the booking, both boarding passes and any delay notice.

Article 3(1)(a) of Regulation 261/2004 protects passengers departing from an airport in an EU member state. It sets no condition about the airline's nationality. So a Gulf, Asian or American carrier leaving Athens, Madrid or Amsterdam owes exactly what a European one would.

Consider Emirates from Athens to Dubai, 3,272 km. If it reaches Dubai three or more hours late, Emirates owes €400 per passenger. To refuse, it must prove extraordinary circumstances and that it took all reasonable measures. Care is owed either way: on this distance, meals and refreshments start once the delay reaches three hours.

Did that delay make you miss a connection in Dubai on the same booking? Then the delay may be assessed at your final destination. A connection outside the EU does not, by itself, take a journey that began in the EU out of the Regulation.

Write to the airline that operated the flight. Quote Regulation 261/2004, the flight number and your actual arrival time.

Suppose you hold a British Airways ticket, but Aer Lingus flies you from Dublin to London, 450 km. You arrive three hours late. Your claim goes to Aer Lingus. It is worth €250 per passenger, because the flight departs Ireland and EU261 applies.

Regulation 261/2004 defines the operating air carrier as the airline that performs the flight. Under Article 3(5), that carrier is responsible even when it flies under a contract with another airline. A ticketing or marketing airline is generally not the one that owes the fixed compensation.

Who operates the plane affects scope as well. On a flight into the EU from outside it, only a flight operated by an EU carrier is covered. So two seats on the same codeshare can carry different rights.

Look for the "operated by" line in your confirmation email or on the boarding pass. Use that airline's claim form. Quote the flight number it used, which may differ from the one on your ticket.

Compensation follows distance, so what you paid for the ticket makes no difference. Picture a Flying Blue award from Paris to New York, 5,833 km, that arrives five hours late. Air France owes €600 per passenger, unless it proves extraordinary circumstances. A passenger on a full-fare ticket would get the same sum.

Article 3(3) takes two groups out of the Regulation. One is passengers travelling free of charge. The other is passengers on a reduced fare not available, directly or indirectly, to the public. The same paragraph then brings frequent flyer and other commercial programme tickets back in. The UK retained version uses the same wording.

The normal scope rules still apply. The flight must depart an EU airport, or fly into the EU on an EU carrier. The operating airline owes the money, even when a partner programme issued the award.

Ask for cash, not miles. An airline may offer points or a voucher instead. A voucher needs your signed agreement, so you are free to say no.

Who could buy the fare? That question decides it. Article 3(3) of Regulation 261/2004 excludes passengers travelling free of charge. It also excludes those on a reduced fare not available directly or indirectly to the public. The Commission's guidelines name special fares for airline staff as an example.

The guidelines draw the line at access. A discount reserved for a specific group falls outside. A discount open to anyone who wants to book, even with conditions, is still a public fare. So a cheap sale fare is covered in full.

A sale fare from London to Rome, 1,443 km, arrives three hours late. Under UK261 the airline owes £220 per passenger, however little the ticket cost. Someone on a staff ticket on the same flight gets no fixed sum.

Article 3(3) of Regulation 261/2004 leaves out passengers travelling free of charge. The 2024 Commission Interpretative Guidelines read this narrowly for young children. They exclude children who travel free because of their age, have no allocated seat or boarding pass, and do not appear on the parents' reservation.

That leaves a grey zone. Many airlines charge an infant fee and print the baby's name on the booking. An infant in that position does not meet every condition the guidelines list. Airlines may still refuse, on the argument that a fee is not a fare.

Picture this: a family flies Madrid to Tenerife South, 1,825 km, and lands four hours late. Each adult can claim €400. If the infant counts as a passenger, the family can claim another €400.

If you paid anything for the infant and their name is on the booking, include them in the claim. Attach the receipt showing the infant charge. If the airline says no, you can complain to the national enforcement body or go to court.

A family of four flies Barcelona to Amsterdam, 1,241 km: two adults and two children aged six and nine. They arrive three hours late. The airline owes €250 to each of them, €1,000 in total, unless it proves extraordinary circumstances. From London, the same delay is worth £220 per person under UK261.

Age plays no part in the sums. Article 7 of Regulation 261/2004 fixes them by great-circle distance alone. A child with a ticket is a passenger like any other, with a full claim of their own.

Care works per person as well. On a flight up to 1,500 km, the airline owes every passenger meals and refreshments once the delay reaches two hours.

Infants without their own seat are treated differently. The Commission's guidelines exclude a child who travels free, has no seat or boarding pass, and is not named on the booking. Claim for every family member with a ticket, and list each name on the claim.

For Regulation 261/2004, the 2024 Commission Interpretative Guidelines count the outermost regions as part of the EU. That list includes the Canary Islands, Madeira, the Azores and the French overseas departments. A Canary airport is treated like any other EU airport.

Since these flights stay within the EU, the band matters. Flights within the EU over 1,500 km earn €400, not the long-haul €600. Madrid to Tenerife South is 1,825 km. Three hours late, the airline owes €400 per passenger, unless it proves extraordinary circumstances.

Flights from the UK follow UK261. London Gatwick to Tenerife South is 2,913 km, which gives £350 for a three-hour delay. The flight home from Tenerife to the UK departs an EU airport, so EU261 covers it at €400.

Work out where the delayed flight departed, then choose the right regime. Claim from the airline that operated it, and give your arrival time at the destination. Care is owed during a long wait even when the cause was extraordinary, so keep your meal receipts.

New York to London is 5,540 km. On Virgin Atlantic or British Airways, a five-hour delay means £520 per passenger, unless the airline proves extraordinary circumstances. On United or Delta, the same delay gives no fixed sum under UK261.

The UK's retained Regulation 261/2004 has two branches. One covers passengers departing from a UK airport. The other covers flights from another country to the UK, but only when a UK air carrier or an EU carrier operates them. A UK air carrier is one licensed by the Civil Aviation Authority.

Flip the direction and the answer flips. United's flight from London to New York departs the UK, so UK261 covers it at the same £520.

For an inbound flight that is not covered, turn to the Montreal Convention. It can pay damages for proven losses caused by delay, within limits. Keep every receipt for meals, transport and hotels. When you book, check the "operated by" line, since a codeshare number can hide the real operator.

Consider a package from Madrid to Tenerife South, 1,825 km, that lands three hours late. The airline owes €400 per passenger, whether you booked the flight alone or with a hotel. The usual tests apply. The flight must be in scope, and the delay must reach three hours at the destination. Only extraordinary circumstances let the airline refuse.

Article 3(6) of Regulation 261/2004 says it does not affect passengers' rights under package travel law. Recital 16 and the Commission's guidelines confirm that the Regulation also applies to flights within a package. So you hold two sets of rights: against the operating airline under EU261, and against the organiser under package travel law.

There is one exception. The Regulation does not apply when the package is cancelled for a reason other than cancellation of the flight. The guidelines use a hotel cancellation as the example.

Find out which airline operated the flight, and send the compensation claim there. Take problems with the rest of the holiday, such as the hotel, to the tour operator.

Start with your holiday documents. Find the flight number and the "operated by" line. If the tour operator's own airline flew you, claim from that airline. If the operator booked you on another airline's flight, claim from that other airline.

Regulation 261/2004 puts the duty to pay compensation on the operating air carrier. A tour operator that only sold the seat is not the operating carrier. The Commission's guidelines describe your position as twofold. You have rights against the organiser under package travel law, and against the airline under the Regulation.

A typical case: a charter airline operates a package flight from Madrid to Tenerife South, 1,825 km. It arrives three hours late. The charter airline owes €400 per passenger, unless it proves extraordinary circumstances. Selling the package does not make the tour operator owe that sum.

Keep the package confirmation, your boarding passes and any delay notices. Send the compensation claim to the airline, and keep holiday complaints separate.

What matters is why the trip was cancelled. Article 3(6) of Regulation 261/2004 switches the Regulation off where a package tour is cancelled for reasons other than cancellation of the flight. The Commission's guidelines give a hotel cancellation as the example.

So the cause decides which law applies. If the hotel or the organiser cancelled the trip, the Package Travel Directive gives you rights against the organiser. If the airline cancelled the flight, EU261 covers that flight.

Suppose your package includes a flight from Madrid to Tenerife South, 1,825 km. The airline cancels it three days before departure. It offers nothing that arrives within two hours of the original time. The airline owes €400 per passenger, unless it proves extraordinary circumstances. If the hotel had closed and the organiser had cancelled everything instead, the airline would owe nothing under EU261.

Ask the organiser in writing why the package was cancelled. Keep its answer, because the reason decides whether you have a flight claim.

Article 3(1)(a) of Regulation 261/2004 looks only at where the flight departs. It does not ask whether the destination is abroad. So a flight from Hamburg to Munich is covered in exactly the same way as one from Hamburg to Lisbon. The airline's nationality makes no difference either.

Hamburg to Munich is about 600 km. If that flight reaches Munich three hours or more late because of a crew shortage, the airline owes €250 per passenger. Longer domestic routes can pay more. Any flight inside the EU over 1,500 km earns €400, which matters for routes from the mainland out to the islands.

The UK runs the same logic under its own version of the rules. London Heathrow to Edinburgh is about 534 km. A three-hour late arrival there gives £220 per passenger, unless the airline proves extraordinary circumstances.

Claim from the airline that operated the flight. Give the flight number, the date and the time the doors opened at your destination. Keep receipts for anything you bought to eat during the wait. On routes up to 1,500 km, the airline owes meals and refreshments once the delay reaches two hours.

Article 7 of Regulation 261/2004 sets three fixed amounts by great-circle distance. Nothing in that scale changes with the cabin you sat in or the price you paid. A cheap promotional seat and a full business fare point to the same line of the same table.

A Frankfurt to Singapore flight is about 10,280 km. If it lands 6 hours late after a maintenance problem, each covered passenger is owed €600. The traveller in seat 2A and the traveller in seat 45F receive the same amount, even if one ticket cost many times more.

Cabin class does matter in one situation. If the airline moved you down from business to economy, Article 10 requires it to refund part of the ticket price. The share is 30%, 50% or 75%, depending on the distance and route. On a long flight like Frankfurt to Singapore, the share is 75%. A downgrade refund on a business fare can then exceed the delay payment.

Keep your ticket receipt and a boarding pass that shows the cabin you actually flew in. The delay claim needs only your booking reference and arrival time. A downgrade claim needs the fare, because the refund is worked out from what you paid.

Regulation 261/2004 attaches the right to the passenger. Article 7 says passengers receive the compensation, and the amount turns on distance alone. Who paid does not affect the scope test either, which looks at the departure airport and the operating airline.

A Brussels to Lisbon flight, about 1,717 km, arrives four hours late because of a crew shortage. You were travelling for work on a ticket your company bought. The airline owes €400 to you as the passenger. It is an intra-EU flight over 1,500 km, so the higher band applies.

Some employers ask staff to hand compensation over, because the trip happened on company time. Read your contract or travel policy before you claim. A ticket refund after a cancellation is a different matter. It repays the fare, so it normally goes back to the card that paid.

Make the claim in your own name, with the booking reference from the company's travel agent. Hotel or meal costs should go back to whoever paid them. If they went on a company card, tell your finance team before you claim them.

Article 3(2) of Regulation 261/2004 sets two conditions: a confirmed reservation and presenting for check-in on time. The check-in condition applies except in the case of cancellation. Once a flight is cancelled there is nothing to check in for, so the Regulation does not ask for it.

Say your Dublin to Rome flight, about 1,886 km, is cancelled five days before departure because of a crew shortage. You had not checked in, because the online window had not opened yet. The airline's replacement lands seven hours after your original time. The notice was under seven days, and the new arrival is well past the two-hour limit. So the airline owes you €400.

Delays and bumping work differently. For those, you must have presented for check-in by the deadline the airline gave you. If it gave none, the limit is 45 minutes before the published departure time. Keep your online check-in confirmation or bag tag in case the airline disputes it.

If an airline turns down a cancellation claim because you never checked in, reply in writing. Point to Article 3(2) and its exception for cancellations. Repeat when you were told about the cancellation and when the replacement arrived.

Regulation 261/2004 sets its scope in Article 3(1) by airports and carriers. A flight departing an EU airport is covered whatever the airline. A flight into the EU is covered when an EU airline operates it. Nothing in that test turns on the booking channel or the country of sale.

Say you bought Rome to Chicago O'Hare on a US travel site and paid in dollars. The flight, about 7,742 km, lands four hours late after a fault found during the pre-flight checks. It departed an EU airport, so the operating airline owes €600 per passenger, even if it is an American carrier.

The money comes from the airline that flew the plane. Articles 2(b) and 3(5) put the duty on the operating carrier. Expedia, a travel agent or another airline that sold you the ticket is not the one that owes it. Look for the 'operated by' line on your booking.

Write to the operating airline and quote its own booking reference. If the agent's code differs, find the airline's code in the confirmation email or on the airline's website. Keep that email, since it shows the flight number and your scheduled arrival time.