After a disrupted flight, the first question on most passengers' minds is simple: can I actually claim compensation for this? The answer depends on a handful of clear criteria (see what EC261 covers for the full picture). If your situation ticks every box, you almost certainly have a valid claim. If it falls short on even one, the regulation may not apply, though there are sometimes alternative routes worth exploring.
The four eligibility requirements
To be eligible for EC261 compensation, your situation must satisfy all four of the following conditions. Missing any one of them means the regulation does not cover your claim.
Eligibility check
Does your flight qualify?
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1
The right route: your flight departed from an EU/EEA airport (any airline), OR arrived in the EU/EEA on an EU-based carrier
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2
The right disruption: you arrived 3+ hours late, your flight was cancelled with less than 14 days notice, or you were involuntarily denied boarding
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3
The airline's fault: the disruption was not caused by genuine extraordinary circumstances like severe weather or ATC strikes
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4
Within the time limit: you are claiming within the legal deadline, which varies from 1 to 6 years depending on the country
Route eligibility in practice
The geographic criterion is the one that catches most people out, particularly on return flights from outside Europe. The rule is asymmetric by design. Any flight taking off from the EU is covered, regardless of which airline operates it and where it is going. But a flight coming into the EU from elsewhere is only covered if the airline operating it is EU-based.
This means your outbound holiday flight from Barcelona to Cancún on any airline is covered. Your return flight from Cancún to Barcelona, however, is only covered if the operating airline is EU-registered. If you flew TUI (EU carrier), you are covered. If you flew a Mexican carrier, you are not.
Disruption thresholds
The type and severity of the disruption matters. For delays, only the arrival time counts. If you arrived at your final destination three or more hours after the scheduled arrival time, you qualify. It does not matter whether the departure was delayed by one hour or five; what matters is how late you actually got where you were going.
For cancellations, the notification period is key. If the airline told you about the cancellation at least 14 days before the scheduled departure, no compensation is owed. Within that 14-day window, the airline can still avoid compensation by offering suitable rebooking, but the windows are tight.
For denied boarding, the threshold is simply being turned away from a flight you had a valid booking for, arrived on time to check in for, and did not volunteer to leave.
The extraordinary circumstances question
Even if your flight meets the route and disruption criteria, the airline can avoid paying if it can prove the disruption was caused by extraordinary circumstances, events genuinely outside its control. Severe weather, air traffic control strikes, and security threats are the main examples. Technical faults, crew problems, and the airline's own staff strikes are generally not extraordinary, despite airlines frequently claiming otherwise.
The important point for the eligibility check is this: you do not need to prove what caused the disruption. The burden of proof lies with the airline. If you meet the first two criteria, submit your claim and let the airline explain why it should not have to pay.
When in doubt, claim anyway
If you are unsure whether extraordinary circumstances apply, submit your claim regardless. The airline must prove its defence; you do not need to disprove it. Many passengers incorrectly assume their claim is invalid based on what the airline told them at the airport, only to find out later that the excuse did not hold up.