Delayed flight: 3 hours of waiting and compensation from €250
Your flight was delayed, and your vacation immediately went off track. You are standing at the gate, waiting for a new departure time and wondering whether you are entitled to any money.
You still have rights. Under Regulation (EC) No 261/2004, the airline pays between 250 and 600 € if you arrived at your final destination more than three hours late (as of 09/2026, official EU page). The amount does not depend on the ticket price and, in most cases, does not depend on the cause of the disruption.
Below you will find when compensation is due, what courts recognize as force majeure, and how to make the carrier pay without a lawyer.
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When the airline must pay
💡 In short:
- Compensation is paid when arrival is delayed by more than three hours
- Cancellation less than 14 days before departure entitles you to payment
- Moving the departure earlier by more than one hour counts as cancellation
- Amounts and conditions: verified on 12.09.2026 on the official EU website
There are three grounds for payment. First: your flight arrived at the final destination more than three hours late. What counts is the arrival time, not the departure time. A delay at a connection by itself does not entitle you to money. What matters is how much later you arrived at the final destination of the itinerary.
Second: the flight was canceled, and you were informed less than 14 days before departure. Third: the departure was moved to an earlier time by more than one hour.
The cause of the disruption matters only in one case. If it is an extraordinary circumstance, there will be no payment.
When compensation is not due
The carrier is released from payment only in extraordinary circumstances. This is a closed list, and courts read it narrowly:
- weather conditions that make flight impossible: storm, snowfall, runway icing;
- bird strike;
- closure of airspace or an airport;
- unforeseen security threats and political instability.
An important caveat. Only what the airline could not have prevented by reasonable measures is recognized as extraordinary. Ordinary rain, fog, or summer heat are not on the list.
In practice, carriers record reasons as force majeure that courts do not consider as such. Check the arguments from the official refusal against the decisions below.
When the court sides with the passenger
Situation | Decision | Source |
|---|---|---|
Aircraft icing in winter | Pays, de-icing is part of normal operations | |
Technical defect, worn parts | Pays, if there is no sabotage or hidden factory defect | EU Court, case C-549/07 |
Strike by pilots or cabin crew | Pays, this is the airline's own risk | |
Strike by air traffic controllers or airport security | Does not pay, external forces | |
Collision with airport ground equipment | Pays, this is a normal airport process | |
Illness of a pilot or cabin crew member | Pays, the crew must be replaced |
Let's look at the two most common disputes.
Icing. In winter, at an airport with sub-zero temperatures, de-icing is part of normal operations. A shortage of de-icing fluid also remains the carrier's responsibility. Citing "bad weather" does not work here (Federal Supreme Court decision).
Strike. Everything depends on who exactly is striking. A tariff dispute by airline employees ends in a payout. A strike by air traffic controllers or airport security releases the airline from it. But if the strike disrupted the schedule and the next aircraft was grounded, you keep your right to compensation (EU Court ruling, case C-28/20).
How much you get for a flight delay
The amount is tied to the route distance, not the ticket price (Article 7 of the regulation):
- up to 1,500 km: €250;
- 1,500 to 3,500 km: €400;
- over 3,500 km: €600 (full text of the regulation).
Half of that amount may be withheld. If you were offered an alternative flight and reached your final destination no later than two, three or four hours after the original arrival time, the payout is cut in half (EU passenger rights Q&A). Distance matters here too.
If your flight was moved to an earlier time
An earlier departure disrupts your plans even more than a delay. You arrive at the original time, and the plane has already left. The EU Court has ruled that a schedule change of more than one hour is equivalent to a cancellation and causes serious inconvenience (EU Court ruling, 21.12.2021).
The practical approach is simple. Check the new time in your booking and compare it with the old one. If the difference is more than one hour, file a claim the same way you would for a cancellation.
How to file a claim with the airline
Send your claim directly to the carrier, not to the tour operator or travel agency.
- Collect your boarding passes, e-ticket and booking reference.
- Record the actual arrival time: airport display board, carrier certificate, flight tracker.
- Send a written claim: route, date, flight number, amount and account for the transfer.
- Wait for a written response. If it is denied, a mediator or passenger arbitration can help.
With a package tour, you may also be entitled to a discount on the trip price. A lawyer is not required. You can assess your chances in advance with a compensation eligibility check.
What changes in the rules in 2026
For the first time in twenty years, the EU has updated its air travel rules. On July 13, 2026, the EU Council gave its final approval to the new version (EU Council). The new rules strengthen requirements for payouts and assistance, passenger information and rebooking on another flight in the event of cancellation.
What matters for you. Until the updated rules take effect, the previous regulation applies, with amounts from €250 to €600 and a three-hour threshold.
⁉️🤔 Frequently asked questions
Am I entitled to compensation if my flight was delayed by three hours?
Yes, if arrival was delayed by more than three hours (official EU fact sheet). Only the final destination of the route counts. If the delay caused you to miss a connection, the delay at the final destination is what counts.
What counts as an extraordinary circumstance?
A narrow list: weather that makes the flight impossible, bird strike, airspace closure, security threats and political instability (exceptions under EU rules). Technical faults and strikes by the carrier's own staff are not included.
How much money can I get?
From €250 to €600 depending on the distance (rules on amounts). The ticket price does not affect the amount.
The airline refused. What should I do?
The refusal must be in writing and state the reason. Check whether the reason falls under the list of extraordinary circumstances. Then hand the case to a mediator or take it to court. From our travel experience: the sooner you write, the easier it is to confirm the arrival time.
Does the regulation apply to flights outside the EU?
The regulation protects any flight departing from the EU, regardless of the airline. A flight to the EU is protected if it is operated by an EU carrier and the route ends in Europe (EU passenger rights).
Does the airline pay for a strike?
It depends on who is striking. A strike by the carrier's pilots, cabin crew, or ground staff gives you the right to compensation. A strike by air traffic controllers or airport security exempts the airline (EU Court ruling).
In short: what you should book
Compensation does not depend on the ticket price; distance and arrival time at the final destination are what matter.
If you have a short flight within Europe: the cap is 250 €. If it is a long-haul flight across the ocean: expect 600 €.
Gather your documents and send a claim directly to the carrier. A rejection can be challenged through an intermediary or in court, and you can check your eligibility in advance through compensation claim preparation.
A small editorial team writing guides for independent travel. We travel ourselves, but we haven’t been everywhere, so we check prices, opening hours and how to get there against official sources.