Flight Delayed? Here's What You're Entitled To

Flight delays are the most common disruption European air passengers face, and they are also the situation where the rules are most frequently misunderstood, both by passengers and, sometimes conveniently, by airlines themselves. EC261 does not require your flight to depart on time. What matters is when you actually arrive at your final destination.

The 3-hour arrival rule

The cornerstone of delay compensation is this: you are entitled to a fixed payment if you arrive at your final destination three or more hours after your originally scheduled arrival time. This rule was established not in the original text of EC261 itself, but through a landmark 2009 ruling by the Court of Justice of the European Union in the Sturgeon v Condor case, which held that delayed passengers suffer the same inconvenience as those whose flights are cancelled.

The distinction between departure delay and arrival delay is critical. A flight that departs two hours late but makes up time in the air and arrives only 90 minutes late would not qualify. Conversely, a flight that departs on time but experiences a diversion and arrives four hours late would qualify for full compensation.

How arrival time is measured

This is one of the most frequently litigated details in EC261 claims. The Court of Justice clarified in 2014 that "arrival time" means the moment when at least one of the aircraft doors is opened, on the presumption that passengers are then permitted to leave the aircraft. It is not when the wheels touch the runway, not when the aircraft reaches the gate, and not when you step into the terminal.

The distinction can matter more than you might think. At large, congested airports, an aircraft can spend 15 to 20 minutes taxiing from the runway to the gate. If your scheduled arrival was 14:00 and the doors opened at 17:05, you have a three-hour delay even if the plane landed at 16:45.

Your right to care while waiting

Separate from compensation, EC261 guarantees a right to care during the delay itself. The airline must provide meals and refreshments in reasonable relation to the waiting time, along with the means to make communications (two phone calls, emails, or faxes). If the delay extends overnight, the airline must arrange and pay for hotel accommodation and transport to and from it.

If the airline does not proactively offer these, you are entitled to arrange them yourself and claim reimbursement afterwards. Keep all receipts. The expenses should be reasonable: a meal at an airport restaurant is fine; an upgrade to a five-star hotel suite is not.

When a delay becomes a cancellation

If your flight is delayed so significantly that it effectively departs the following day, the legal distinction between a delay and a cancellation can become blurred. Airlines sometimes prefer to classify long delays as cancellations (or vice versa) depending on which interpretation benefits them financially. From your perspective as a passenger, the distinction matters mainly because cancellations trigger an additional right: the choice between a full refund and rebooking on an alternative flight.

What to do at the airport

The steps you take during a delay can strengthen a later claim significantly. Ask airline ground staff for the specific reason for the delay (not just "operational reasons" but the actual cause) and try to get it in writing or via the airline's app notifications. Take a timestamped photograph of the departure board (see our guide on proving your delay for more tips) showing the delay. Note the time the aircraft doors open when you eventually arrive. Keep your boarding pass and all receipts for expenses incurred during the wait.

If other flights to the same destination are departing on time while yours is delayed, note this. It can be useful evidence against an airline's claim that weather or air traffic control caused the delay. If it were truly weather-related, other flights would typically be affected too.