FlightCompensations
The law itself

Regulation 261/2004 full text, article by article

EU261 is only a few pages of law, but it is written like law. Here is each provision: what it says, what it means for you, and the rulings that interpret it.

Provisions condensed for readability — the authentic text, in every EU language, is on EUR-Lex (CELEX 32004R0261) ↗.

Art. 1–2

Subject matter and definitions

The Regulation establishes minimum rights for passengers who are denied boarding against their will, whose flight is cancelled, or whose flight is delayed.

Key definitions: the "operating air carrier" is the airline that performs (or intends to perform) the flight, whoever sold the ticket. "Cancellation" is the non-operation of a flight which was previously planned. "Final destination" is the destination on the ticket — for connecting flights booked together, the destination of the last flight.

In plain terms: Two definitions decide many claims before they start: your claim always runs against the airline that flew the plane (not the one whose code was on the booking), and on a single booking your delay is measured where the whole journey ends — not where the first leg did.

Interpreted by:Air France v Folkerts
Art. 3

Scope — which flights are covered

The Regulation applies to passengers departing from an airport in the EU, and to passengers departing from a third country to an EU airport when the operating carrier is an EU carrier (unless they already received benefits under that country's law).

It applies where the passenger has a confirmed reservation and presented for check-in as required and on time — or was transferred to another flight. It does not apply to passengers travelling free or on reduced fares not available to the public.

In plain terms: Any departure from the EU is covered on any airline in the world. Flying INTO the EU is covered only on EU/EEA carriers. The UK kept an identical scheme (UK261) after Brexit, and Switzerland, Norway and Iceland are in. Check-in on time matters — keep evidence you showed up.

Art. 4

Denied boarding

When a carrier reasonably expects to deny boarding, it must first call for volunteers to surrender their reservations in exchange for agreed benefits, plus assistance under Article 8.

If passengers are denied boarding against their will, the carrier must immediately compensate them under Article 7 and assist them under Articles 8 and 9.

In plain terms: Overbooking is legal; bumping you without paying is not. Volunteering trades your rights for whatever the airline offers — a choice. Involuntary bumping owes fixed compensation on the spot, plus rerouting or refund, plus care. Never confuse the two, and never sign a volunteer form under pressure.

Art. 5

Cancellation

On cancellation, passengers are owed assistance under Articles 8 and 9, and compensation under Article 7 — unless informed at least two weeks before departure, or informed 7–14 days before with rerouting that arrives close to schedule (within 4 hours), or informed under 7 days before with rerouting within 2 hours of the original arrival.

Compensation is not owed if the carrier proves the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

The burden of proof concerning whether and when the passenger was informed rests with the operating air carrier.

In plain terms: Late-notice cancellation is a compensation event by default, and it is for the AIRLINE to prove its excuse — both that circumstances were genuinely extraordinary and that it took all reasonable measures anyway. "Operational reasons" is not an excuse; it's an admission. The rebooking timing windows are precise — check them against your actual times before accepting a rejection.

Art. 6

Delay

When a carrier reasonably expects a flight to be delayed beyond its scheduled departure by 2 hours (flights ≤1,500 km), 3 hours (intra-EU flights over 1,500 km and other flights 1,500–3,500 km) or 4 hours (all other flights), passengers must be offered care under Article 9.

From 5 hours' delay, passengers may instead take a full refund under Article 8.

In plain terms: The article's text only grants care and, at 5 hours, a refund — compensation for delay isn't written here. The Court of Justice supplied it: arriving 3+ hours late at your final destination pays the same fixed amounts as a cancellation. That is settled law, twice confirmed against airline challenge.

Art. 7

Right to compensation — the amounts

Compensation is fixed at €250 for flights of 1,500 km or less; €400 for intra-EU flights over 1,500 km and all other flights of 1,500–3,500 km; €600 for all other flights. Distance is measured great-circle to the final destination.

The carrier may reduce the amount by 50% when rerouting gets the passenger to the final destination within 2 / 3 / 4 hours (by band) of the original arrival time.

Compensation is paid in cash, by transfer or cheque — or, with the signed agreement of the passenger, in vouchers or services.

In plain terms: The amounts are per passenger, not per booking, and they don't depend on your ticket price — a €30 fare can carry a €600 claim. Article 7(3) is the voucher trap: a voucher can only replace cash with your signature, so what you sign at the desk matters more than what the agent says.

Art. 8

Reimbursement or re-routing — your choice

Passengers must be offered the choice between: a full refund of the unused ticket (with a free flight back to the point of departure when the journey no longer serves its purpose); re-routing to the final destination at the earliest opportunity; or re-routing at a later date of the passenger's convenience, subject to seat availability.

In plain terms: The choice belongs to the passenger — an airline that says "our next flight is in three days, take it or leave it" is skipping two of your three options. Earliest opportunity can mean another airline's flight; ask for it explicitly and keep the refusal in writing if they won't.

Art. 9

Right to care

Passengers must be offered, free of charge: meals and refreshments in reasonable relation to the waiting time; hotel accommodation and transport between airport and hotel where a stay of one or more nights becomes necessary; and two telephone calls or e-mails.

In plain terms: Care is unconditional — it applies whatever caused the disruption, even genuine extraordinary circumstances. The volcanic-ash case established there is no time or money cap on it. If the desk refuses, buy what is reasonable, keep every receipt, and claim it back; those costs are recoverable even when fixed compensation isn't.

Art. 10

Upgrading and downgrading

Placing a passenger in a higher class than booked may not be charged for. Placing a passenger in a lower class requires reimbursement within 7 days of 30% of the ticket price (flights ≤1,500 km), 50% (1,500–3,500 km and intra-EU over 1,500 km) or 75% (all other flights).

In plain terms: Downgrades pay a percentage of the price you actually paid for that flight, automatically, within a week — no negotiation about "fare difference" required. Upgrades are free by law; a charge for one is simply not owed.

Art. 12

Further compensation

The Regulation applies without prejudice to a passenger's rights to further compensation; the fixed amounts may be deducted from such compensation.

In plain terms: The €250–€600 is a floor, not a ceiling. Real losses beyond it — a missed hotel night, a cruise that sailed, prepaid events — can be pursued on top under national law or the Montreal Convention. The airline may offset the fixed amount against those damages, but the door to them stays open.

Art. 13

Right of redress

Where the operating carrier pays compensation or meets its other obligations, nothing limits its right to seek redress from third parties, including tour operators or others with whom it has a contract.

In plain terms: "It was the airport's fault / the handler's fault / the tour operator's fault" is the airline's problem to recover, not your problem to absorb. The airline pays you first and chases whoever it likes afterwards.

Art. 14

The airline must tell you your rights

Carriers must display at check-in a notice that passengers denied boarding or facing cancellation or a 2-hour delay can ask for the text of their rights, and must provide affected passengers a written notice setting out the rules for compensation and assistance.

In plain terms: The quiet article most airlines quietly break. If your disruption came with no written notice of rights, note that — regulators treat it seriously, and it belongs in an NEB complaint alongside the claim itself.

Art. 15

No contracting out

Obligations to passengers may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage. If such a clause is applied, or the passenger is not correctly informed and accepts compensation below what the Regulation provides, the passenger remains entitled to bring proceedings for the difference.

In plain terms: Fine print cannot delete these rights — no ticket condition, app checkbox or loyalty-programme term stands against the Regulation. Even a signed settlement made without correct information doesn't necessarily end the story: the difference can still be claimed.

Art. 16

Enforcement — the NEBs

Each Member State designates a body responsible for enforcement, to which any passenger may complain about an alleged infringement at any airport in that State or concerning flights from a third country to it. Sanctions for infringements must be effective, proportionate and dissuasive.

In plain terms: Every EU country (plus the UK's CAA) runs a free regulator you can escalate to when an airline stonewalls a valid claim. Their findings aren't court judgments, but airlines answer to them — and we file these escalations as part of pursuing a claim.

Plain-language condensation and annotations for orientation, not legal advice; where wording matters, the authentic EUR-Lex text controls. Articles 11 and 17–19 (passengers with reduced mobility, reporting and entry into force) are omitted here and included there.

What does the Regulation 261/2004 full text actually say?

Is this the official Regulation 261/2004 full text?

No. This page condenses each article into plain language and adds what it means for a claim. The authentic EC 261/2004 text, in every EU language, is on EUR-Lex under CELEX 32004R0261, and each article here links straight to it.

Which EU261 articles matter most for a claim?

Article 5 for cancellations, Article 6 for delays, Article 7 for the €250–€600 amounts, Article 8 for the refund-or-rerouting choice, and Article 9 for care. Article 14 is the one airlines forget: they must tell you your rights in writing.

Where does the three-hour delay rule appear in the text?

It does not. Article 6 covers delays but sets no compensation; the Court of Justice read Article 7 across to long delays in Sturgeon (C-402/07). That is why the regulation alone will not answer a delay claim.

Does this text still apply to UK flights?

In retained form. UK261 keeps the same articles and numbering, converted to sterling amounts, for flights leaving the UK on any airline and flights arriving in the UK on a UK or EU carrier.

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