Flight Compensation Under EU261 — Your Rights Explained

EU Regulation 261/2004 is one of the strongest consumer protection laws in aviation. It entitles passengers to compensation of 250 to 600 EUR for flight delays, cancellations, and denied boarding — and it applies to every flight departing from an EU airport, regardless of the airline.

Most passengers do not claim. Airlines count on this. Ryanair alone owes an estimated hundreds of millions of euros in unclaimed compensation each year.

Here is exactly what you are entitled to, how to claim, and what airlines will try to do to avoid paying.

When You Are Entitled to Compensation

Flight delays (arrival at destination)

Important: The delay is measured at arrival (when the door opens), not at departure. If your flight departs 4 hours late but lands only 2 hours late due to tailwinds, you are not entitled to compensation.

Flight cancellations

You are entitled to compensation if the airline cancels your flight less than 14 days before departure, unless they offer a re-routing that arrives within a similar timeframe.

Cancellation compensation follows the same distance-based scale: 250/400/600 EUR.

Exception: If the airline notifies you 14+ days before the flight date, no compensation is due (but they must offer a full refund or alternative flight).

Denied boarding (overbooking)

If you have a valid ticket and check in on time, but the airline denies you boarding because the flight is overbooked, you are entitled to compensation immediately. Same scale: 250/400/600 EUR.

Airlines must first ask for volunteers willing to give up their seats (with incentives). Only if there are not enough volunteers can they deny boarding involuntarily.

Extraordinary Circumstances — The Airline's Defence

Airlines do not have to pay if the disruption was caused by extraordinary circumstances beyond the airline's control:

• Weather: Severe storms, volcanic ash, heavy fog.
• Air traffic control: ATC strikes, airspace closures, airport slot restrictions.
• Security: Bomb threats, political instability, airport evacuations.
• Bird strikes: Impact damage requiring inspection.

What does NOT count as extraordinary circumstances:

• Technical problems: Mechanical failures are the airline's responsibility (confirmed by CJEU ruling in Wallentin-Hermann, C-549/07).
• Crew shortage: Staff illness, crew rest time limits, rostering errors.
• Late arriving aircraft: If the previous flight was delayed and your flight is delayed as a result, that is the airline's operational problem.
• Airline strikes: Generally not considered extraordinary (though court decisions vary by country).

Your Additional Rights During Delays

Beyond compensation, EU261 requires airlines to provide care during long delays:

2+ hours delay (flights under 1,500 km) or 3+ hours (1,500-3,500 km)

• Meals and refreshments proportional to the waiting time
• Two phone calls, emails, or faxes (anachronistic but still in the law)

5+ hours delay

• Full refund of the ticket price if you choose not to travel
• Or re-routing to your destination at the earliest opportunity

Overnight delay

• Hotel accommodation
• Transport between airport and hotel

In practice: Airlines often provide vouchers for airport restaurants (10-15 EUR per meal). If they do not, buy food and keep receipts — you can claim reimbursement.

How to Claim — Step by Step

Step 1: Document everything

At the airport:

• Screenshot the departures board showing the delay
• Keep your boarding pass and booking confirmation
• Note the reason given by airline staff (ask explicitly)
• Keep receipts for any food, drink, or transport you buy

Step 2: File directly with the airline

Most airlines have online claim forms:

• Ryanair: ryanair.com > Help > Complaints
• Wizz Air: wizzair.com > Information and services > Complaints
• LOT: lot.com > Contact > Complaints
• easyJet: easyjet.com > Help > Complaints

Include: flight number, date, booking reference, delay duration, and a request for compensation under EU261/2004.

Step 3: Wait for response

Airlines have 6-8 weeks to respond. Common tactics:

• Ignoring you: Very common. Send a follow-up after 8 weeks.
• Offering vouchers instead of cash: You are entitled to cash. Reject vouchers unless they offer significantly more value.
• Claiming extraordinary circumstances: If you disagree, escalate.

Step 4: Escalate if rejected

If the airline refuses, you have three options:

National enforcement body: In Poland, the Civil Aviation Authority (Urzad Lotnictwa Cywilnego, ULC) handles EU261 complaints. File at ulc.gov.pl. Free but slow (3-6 months).

Alternative Dispute Resolution (ADR): Some airlines participate in ADR schemes. Check the airline's website.

Court: Small claims court in Poland handles claims up to 20,000 PLN. Filing fee is 30-100 PLN. For a 250-600 EUR claim, this is efficient and usually successful.

Step 5: Or use a claims company

Companies like AirHelp, Flightright, or Skycop handle the entire process for a fee (25-35% of the compensation). They only charge if you win.

Pros: Zero effort, they handle airline pushback and legal proceedings. Cons: You lose 25-35% of the payout. A 400 EUR claim nets you 260-300 EUR.

Recommendation: File directly first. It takes 15 minutes. Only use a claims company if the airline rejects your claim.

Common Scenarios from Polish Airports

Ryanair delay from Modlin

Ryanair is the most common carrier from Polish airports and also the most common source of delay complaints. A Warsaw Modlin to London Stansted flight (1,450 km) delayed 3+ hours entitles you to 250 EUR.

Wizz Air cancellation from Katowice

A Katowice to Barcelona flight (1,700 km) cancelled 5 days before departure, with no suitable alternative offered: 400 EUR compensation plus a full refund of the ticket.

LOT connecting flight missed due to delay

If LOT's feeder flight from Krakow to Warsaw is delayed, causing you to miss your Warsaw to New York connection (total distance 7,500 km), and you arrive 4+ hours late: 600 EUR.

Statute of Limitations

The time limit for claiming varies by the country where you file:

If your flight departed from a German airport, you can use Germany's 3-year limit even if you are a Polish resident. Choose the jurisdiction with the longest limit if possible.

Real Money, Real Impact

At 250-600 EUR per eligible claim, flight compensation can meaningfully offset travel costs. A family of four on a delayed flight could receive 1,000-2,400 EUR — enough to fund the next holiday entirely.

Track these potential claims alongside your travel expenses in Freenance. Even if you do not receive the compensation for months, logging the expected income gives you a clearer picture of your actual travel costs.

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