Flight Compensation FAQ

Arrival delay is what counts. Under EU261, UK261, and APPR, compensation is triggered when you reach your final destination 3+ hours late — not when your flight leaves late. If your flight departs 2 hours late but arrives on time thanks to a faster route, you are NOT eligible. On the other hand, if your flight leaves on time but lands 4 hours late after rerouting, you ARE eligible.

Airlines sometimes point to on-time departure numbers to reject claims. Don't let that confuse you. The European Court of Justice confirmed this arrival-time rule in the Sturgeon v. Condor case (2009), and it's still the global standard for fixed-compensation laws.

Compensation amounts vary by regulation and flight distance:

EU261 and UK261 use a distance-based tier:

• Up to 1,500 km: €250 / £220
• 1,500 to 3,500 km: €400 / £350
• Over 3,500 km: €600 / £520

APPR (Canada) uses delay-length tiers for large airlines:

• 3 to under 6 hours: CAD $400
• 6 to under 9 hours: CAD $700
• 9+ hours: CAD $1,000

Montreal Convention covers international flights for actual damages (meals, hotels, expenses) up to ~6,303 SDR (~USD $8,500) per passenger — but requires proof of your out-of-pocket losses.

ANAC 400/2022 (Brazil) requires airlines to provide assistance. Cash compensation usually comes from Brazilian courts, which often award BRL 3,000-10,000.

Israel Aviation Services Law offers ILS 1,250-3,130 based on distance.

You may qualify under more than one regulation at the same time. For example, a delayed international flight from Paris to New York triggers both EU261 (fixed) and Montreal Convention (actual damages). You can claim both.

Claim deadlines vary by jurisdiction:

• EU261: 2 to 6 years depending on the member state. Germany and France allow 2-3 years; UK (under UK261) allows 6 years in England/Wales, 5 years in Scotland.
• APPR (Canada): 1 year from the date of travel.
• Montreal Convention: 2 years (international treaty deadline — strict).
• ANAC 400/2022 (Brazil): 5 years.
• Israel Aviation Services Law: 4 years.

The airline's lawyers will usually argue for the shorter limit. If your flight was 4 years ago and the airline is British, UK261's 5-6 year window may still apply depending on where you file. When in doubt, file as soon as possible.

Most compensation services won't take cases older than 3 years, even if the legal limit is longer. Your chances of winning drop sharply after that point.

"Extraordinary circumstances" is the airline's main legal defense to avoid paying compensation under EU261, UK261, and APPR. The burden of proof is on the airline, not you.

What typically COUNTS as extraordinary:

• Severe weather (lightning storms, volcanic ash, heavy fog — but not ordinary rain)
• Air traffic control (ATC) decisions or strikes
• Airport closures (security threats, runway damage)
• Political instability, war, terrorism
• Medical emergencies requiring diversion
• Hidden manufacturing defects discovered industry-wide (e.g., Boeing 737 MAX grounding)

What usually does NOT count (despite airline claims):

• Technical or mechanical problems with the aircraft — the ECJ ruled in Wallentin-Hermann v. Alitalia (2008) that routine technical issues are "inherent to normal airline operations"
• Airline staff strikes — the court ruled in Krüsemann v. TUIfly (2018) that strikes by an airline's own employees are NOT extraordinary
• Crew shortages, scheduling errors, overbookings
• Bird strikes — the Pešková v. Travel Service (2017) ruling made these harder to claim. The airline has to prove specific details
• Late inbound aircraft (the "knock-on delay" argument is usually rejected)

In practice: airlines often claim this defense even when they shouldn't. Compensation services and courts overturn many of these first denials. Never accept "the flight was delayed due to operational reasons" as a final answer — operational reasons are the airline's problem, not yours.

No. As of April 2026, the United States has no federal law requiring fixed compensation for flight delays or cancellations. US passengers have only:

• Right to a refund if the airline cancels the flight (DOT rule, updated April 2024)
• Right to assistance per each airline's own "Customer Service Plan"
• Right to file a DOT complaint at transportation.gov/airconsumer

The Department of Transportation (DOT) proposed a new rule in late 2024. It would have introduced fixed cash compensation similar to EU261. But DOT withdrew the rule in November 2025. The rule was formally shelved by the current administration in late 2025. As of 2026, US travelers have no broad federal compensation rights for flight delays.

US passengers flying to or from Europe, UK, or Canada may still qualify under those foreign regulations. For example:

• JFK → CDG on Air France: EU261 applies (EU destination + EU carrier)
• LAX → Toronto on Air Canada: APPR applies (Canadian airline)
• Boston → Heathrow on British Airways: UK261 applies (UK destination on UK carrier)

But flights within the US (for example, LAX → JFK on United) have no fixed-compensation option. You only get refund rights for cancellations, plus whatever voluntary compensation the airline offers for delays.

In most cases, no fixed compensation is available for intra-Asian flights. Most Asian countries — including Korea, Japan, China, Singapore, Thailand, Vietnam, Malaysia, and Indonesia — have no equivalent to EU261. Your rights depend on:

• The airline's own terms and conditions (contract of carriage)
• Local consumer protection laws, which vary widely
• Montreal Convention if the flight is international (provides for actual-damages claims, not fixed amounts)

Exception: EU261 or UK261 may still cover some legs of your trip. This applies when an EU airline (Lufthansa, Air France, KLM) or UK airline (British Airways, Virgin Atlantic) operates part of a trip to or from Europe. Check your full itinerary.

Also: flights from Asia to Europe or from Asia to Canada may be covered by EU261, UK261, or APPR if the operating carrier is an EU/UK/Canadian airline.

If your flight was within Asia (for example, ICN-BKK or NRT-HKG) on an Asian airline, fixed compensation is almost certainly not available. Check whether Montreal Convention damages apply to any out-of-pocket losses.

Yes, but only under specific conditions. EU261 Article 3(1) defines two eligibility paths:

Path (a): Any flight departing from an EU airport — covers every passenger regardless of the airline's nationality.
Path (b): Any flight arriving at an EU airport on an EU carrier (EU-registered airline).

For an Asia-to-Europe flight, only path (b) applies. So:

• ICN → CDG on Lufthansa: covered (EU carrier + EU destination)
• ICN → CDG on Korean Air: NOT covered (Korean Air is not an EU carrier; flight does not depart from EU)
• ICN → LHR on Asiana: NOT covered by EU261 (and UK261 requires UK carrier or UK origin, which this flight doesn't have)
• ICN → LHR on British Airways: covered by UK261 (UK carrier arriving at UK)

The "EU carrier" test uses where the airline is licensed, not where the flight crew is from or where the plane is registered.

Probably not, under fixed-compensation laws. Let's break this down:

• Origin: Japan (not EU, UK, Canada, Brazil, or Israel)
• Destination: USA (no federal fixed-compensation law)
• Airline: US carrier (not EU, UK, or Canadian)

EU261, UK261, APPR all fail this test.

However: the Montreal Convention applies to international flights between countries that have signed it (Japan and the USA both have). So if you paid real expenses out of your pocket — hotel, meals, missed-connection costs — you can claim those actual damages up to ~USD $8,500 per passenger.

You should also:

• Check the airline's Customer Service Plan for voluntary compensation
• File a DOT complaint if the airline broke US consumer-protection rules
• Review your travel insurance for delay and trip-interruption coverage

The fixed €250-600 compensation of EU261 does not apply to this route. US-based flights remain a major gap in global passenger-rights coverage.

No. EU261 protects you in two ways:

If you DEPART from an EU airport (including EEA: Iceland, Norway, Liechtenstein, and Switzerland), you are covered regardless of the airline — American Airlines, Emirates, Qatar Airways, Singapore Airlines, or any other carrier.

If you ARRIVE at an EU airport on an EU carrier (Lufthansa, Air France, KLM, Ryanair, Iberia, etc.), you are covered even if your flight started outside the EU.

But if both conditions fail — non-EU origin AND non-EU carrier — you are not covered by EU261, even if your destination is in the EU.

Important difference from UK261: the UK's post-Brexit law works the same way, but it applies to UK airports and UK-licensed airlines (British Airways, Virgin Atlantic, easyJet UK).

Yes. This is a classic case of EU261 Article 3(1)(b) applying via the EU-carrier path.

The eligibility breakdown:

• Origin: JFK (non-EU) — path (a) does not apply
• Destination: CDG (EU) — required for path (b)
• Airline: Lufthansa (German, EU-licensed) — satisfies path (b)

Result: EU261 applies. Your compensation is based on distance. JFK-CDG is about 5,830 km — over the 3,500 km cut-off. So the maximum is €600 per passenger for 3+ hour delays or short-notice cancellations.

This is one of the most common misunderstandings. Many people assume EU261 only protects EU citizens or flights that leave from the EU. But the "EU carrier arriving in EU" rule covers millions of trans-Atlantic flights every year. It's a major source of successful claims for US travellers.

The same logic applies to UK261 for flights on British Airways or Virgin Atlantic arriving at a UK airport.

Maybe. Weather alone doesn't automatically block compensation. The rule is that weather must be both extraordinary AND the actual cause of your delay.

"Extraordinary" weather usually means:

• Severe storms, lightning, hurricanes
• Volcanic ash (like Eyjafjallajökull in 2010)
• Heavy fog that closes airports
• Ice storms that freeze runways

Ordinary rain, standard winter snow at a northern airport, or routine wind — these are part of normal airline operations. The airline should plan for them.

Three questions decide your case:

1. Was the weather truly extraordinary? Check the weather reports (search for "METAR" + your airport code) for that day. A light drizzle doesn't count.
2. Did the weather actually cause YOUR delay? If 50 flights departed on time and only yours was delayed, weather is probably not the real reason.
3. Did the airline take reasonable steps to avoid the delay? They must prove they tried alternative solutions. If they didn't reroute, didn't use a spare aircraft, or didn't communicate properly — they may still owe compensation.

Many "weather" delays are actually crew issues, routing problems, or late inbound aircraft. The airline just blames them on weather. A compensation service can get the actual flight operations data and challenge that defense. Don't accept the airline's first answer — many weather denials are overturned.

Not automatically. This used to be a clear win for airlines. But the European Court of Justice made the rules stricter in Pešková v. Travel Service (2017).

The ECJ ruled that a bird strike IS extraordinary — but only if the airline can prove:

1. The bird strike actually caused the delay or cancellation
2. The airline took "all reasonable measures" to prevent or minimize the disruption
3. The aircraft was unavailable specifically because of the strike — not because maintenance was slow, for example

In practice, airlines often fail the second and third tests. If maintenance took longer than necessary, or if the airline could have used a reserve aircraft, compensation may still be owed.

Bird strikes at airports known for bird activity (near lakes, wetlands) are harder to defend as "extraordinary" — the airline should expect them there.

If your flight was delayed due to a bird strike, don't give up. Ask the airline for specific evidence: what measures did they take, how long did inspection take, was a replacement aircraft available?

Usually no. This is one of the most common airline defenses — and one of the most often rejected.

The European Court of Justice set the rule in Wallentin-Hermann v. Alitalia (2008). Technical problems that happen during normal aircraft operation are NOT extraordinary circumstances. They're part of the normal cost of running an airline.

Examples that DO NOT count as extraordinary:

• Engine problems discovered during preflight checks
• Hydraulic system failures
• Electrical issues
• Cabin pressure problems
• Most maintenance delays

Examples that MIGHT count:

• Hidden manufacturing defects affecting the entire fleet (e.g., Boeing 737 MAX grounding after the Lion Air and Ethiopian Airlines crashes)
• Damage caused by a third party (bird strike, lightning, foreign object)
• Defects that were impossible to detect despite all normal maintenance

If the airline tells you "the flight was delayed due to a technical issue," they're usually admitting fault — not defending themselves. Push back. Most of these denials are overturned in court.

Probably not for cancellation compensation specifically, but you have other rights.

Under EU261 Article 5(1)(c), airlines must give you at least 14 days' notice of cancellation to avoid paying compensation. If they notified you 10 days before, that falls in the 7-to-13-day range. In that case, compensation MAY apply — it depends on the replacement flight offered:

• If they offered a replacement flight that leaves no more than 2 hours earlier AND arrives no more than 4 hours later: no compensation
• If the replacement is outside those windows: compensation applies

Within 7 days' notice: compensation almost always applies unless the replacement arrives very close to the original time.

UK261 uses the same rules. APPR (Canada) has different rules, but the 14-day threshold is the same: notice of 14+ days means large airlines usually don't have to pay.

No matter how much notice you got, you always have the right to:

• A refund OR a replacement flight at no cost
• Meals and accommodation if you had to wait
• Communication (phone calls, emails)

This difference can cost you hundreds of euros. Airlines sometimes confuse passengers into accepting "voluntary" denied boarding when they'd qualify for full compensation under "involuntary."

Voluntary denied boarding:

• The airline asks for volunteers to give up their seat
• You agree to be bumped in exchange for compensation (often vouchers, cash, or meal/hotel)
• You negotiate the terms yourself
• No EU261, UK261, or APPR compensation applies — you took the deal

Involuntary denied boarding:

• The airline refuses to let you board despite your valid ticket and on-time check-in
• You did NOT agree to give up your seat
• Usually happens after overbooking
• Full compensation under EU261, UK261, or APPR applies — same amounts as cancellation

Critical: sometimes an airline offers you vouchers or a small payment at the gate, and then calls it "voluntary." If that happens, you may have given up your full compensation rights. Never sign anything at the gate without understanding what you're giving up.

If you were pushed off a flight without clearly agreeing — even if you accepted a replacement flight later — you were INVOLUNTARILY denied boarding. Claim full compensation.

Airlines are required to ask for volunteers first before involuntarily bumping anyone. If they didn't ask, it's involuntary by default.

No. This is a major advantage of downgrade claims.

Article 10 of EU261 (and the matching UK261 rule) uses strict liability for downgrades. That means: if the airline puts you in a lower class than you booked, they must refund a fixed percentage of your ticket price. The reason doesn't matter.

Refund amounts:

• Flights up to 1,500 km: 30% of the ticket price
• Flights 1,500-3,500 km (intra-EU + certain others): 50%
• Flights over 3,500 km (international long-haul): 75%

"Extraordinary circumstances" is NOT a defense for downgrades. Weather, technical issues, aircraft swaps, overbooking — none of these excuse the airline from paying the refund.

Why? Because a downgrade isn't a disruption outside the airline's control. It's a direct failure to give you what you paid for. The airline chose to put you in a lower class, and they must refund the difference.

This is why our eligibility checker skips the disruption-reason question for downgrade cases — it doesn't matter. If you were downgraded, compensation is owed.

Among the most-used services:

• Compensair: 25% success fee (lowest of the major three)
• AirAdvisor: 30% at pre-court stage, up to 50% if legal action is needed
• AirHelp: 35% at pre-court stage, up to 50% with legal action

All three operate on a no-win, no-fee basis. If they don't recover compensation, you pay nothing. There are no upfront fees.

Some newer services charge lower fees (20-22%). But they often cover fewer airlines, operate in fewer countries, or have less court experience.

The real question isn't who charges least, but who actually wins. A service with 25% fees that wins 80% of valid claims pays you more than a service with 20% fees that only wins 50%.

Check Trustpilot or Google reviews for the service you're considering. Look for complaints about unpaid claims, slow processing, or unclear communication — not just low ratings.

Yes — but read the fine print.

AirHelp charges nothing upfront. If they fail to recover compensation, you pay nothing. That's genuine no-win-no-fee.

If they succeed:

• Standard success fee: 35% of the recovered amount
• If they had to take the airline to court: an additional 15% legal action fee
• Total for contested cases: 50% of the payout

AirHelp's fees include VAT (if it applies), so those percentages are the final amount they keep.

What's NOT covered by "no-win-no-fee":

• AirHelp+ subscription (a separate paid service for frequent flyers with different terms)
• Some expedited services (check the specific offer)

If you don't want to subscribe to AirHelp+, you can still use the standard no-win-no-fee service without any subscription.

Always check the fee terms when you submit your claim. Rates can change, and regional versions of the service sometimes charge different amounts.

In theory yes. In practice it depends on you.

If you claim yourself:

• You keep 100% of the compensation
• You do all the work: paperwork, airline communication, possibly court filing
• You need to know the applicable regulation (EU261, UK261, APPR, etc.)
• You need to respond to the airline's arguments (often they deny)
• If the airline refuses, you have to decide whether to take it further (small claims court, national aviation authority)

If you use a service:

• They handle everything
• You get 50-75% of the compensation (after their fee)
• They have experience with airline tactics and past court rulings
• They have lawyers ready if the airline refuses
• They only get paid if they win, so they only take strong cases

The math:

• EU261 claim for €600, airline pays without dispute: you get €600 yourself vs €450 with a service (after 25% fee)
• Same claim, airline refuses and goes to court: you might get €0 yourself (if you give up) vs €300 with a service (after 50% fee)

If you're confident, have time, and the airline is cooperative, DIY can give you the full amount. If you want certainty and zero hassle, a service usually earns more in the end. A DIY claim that the airline fights often earns less.

Most major services — Compensair, AirAdvisor, AirHelp — confirm whether they'll take your case within 1-3 days of submission.

Actual payout time varies:

Fastest (no dispute): 2-4 weeks. If the airline accepts the claim without pushback, you get paid within a month.

Typical (some dispute): 2-4 months. Most cases involve at least some back-and-forth with the airline.

Slowest (court required): 6-18 months. If the airline refuses and the service goes to court, it can take a year or more.

No service can force the airline to pay faster than the legal process allows. Fast confirmation of your case ≠ fast payment.

If speed matters, these are the things you can actually control:

• Claim early (delays add months)
• Have all your documents ready (boarding pass, ticket, evidence of the disruption)
• Pick a service with strong automation (Compensair is known for fast case confirmation)

Minimum documents for any claim:

• Booking confirmation or e-ticket
• Boarding pass (digital or printed)
• Your passport or ID (for identity verification)
• Proof of the disruption: delay screenshot, cancellation notice, email from the airline, etc.

Helpful additions that strengthen your case:

• Receipts for out-of-pocket expenses (meals, hotel, replacement transport) — required for Montreal Convention actual-damages claims
• Photos of information boards showing the delay
• Screenshots of airline communications
• Your original planned schedule vs actual arrival time

If you used a compensation service:

• They'll tell you exactly what to provide
• Most accept digital uploads
• No physical paper needed in most cases

What you usually DON'T need:

• A lawyer (the service's legal team handles it)
• Translated documents (most airlines operate in English)
• Any payment upfront

Keep everything digital for 2-3 years — even after you receive compensation, there may be follow-up questions.

The honest answer: most people shouldn't do it themselves. Airlines are good at exhausting DIY claimants until they give up.

What a claim service provides:

1. Regulation expertise — they know EU261, UK261, APPR inside out. You'd need to read dozens of court rulings to match that knowledge.
2. Airline-specific tactics — they know which defenses each airline uses and how to counter them. Some airlines settle quickly with known legal firms. But those same airlines will ignore or deny individual passengers.
3. Legal escalation — if the airline refuses, they go to court at no extra cost to you. DIY claimants often give up at this stage because filing a lawsuit costs money and time.
4. Accurate claim valuation — they know what you're legally owed, including assistance costs, meal vouchers, and downgrade refunds that airlines usually hide.
5. No upfront cost — if they fail, you pay nothing. A DIY claim that fails costs you only your time. But that can still be 20+ hours of research, calls, and paperwork.

Choose DIY if:

• The airline is known for paying quickly without dispute (rare)
• You have time and confidence in handling legal arguments
• The claim amount is small enough that 25-35% doesn't matter much

Choose a service if:

• The airline is fighting or silent
• You want the claim resolved without learning aviation law
• Your time is worth more than the service fee

No. Australia has no national equivalent to EU261, UK261, or APPR. Domestic Australian flights (like SYD-MEL or PER-BNE) don't offer guaranteed fixed cash compensation. Neither do international flights operated by Australian airlines like Qantas or Virgin Australia.

Australian passengers rely on:

• Each airline's own Customer Charter (voluntary, non-binding)
• Australian Consumer Law (remedies for major service failures, but no fixed amounts)
• Montreal Convention for international flights (actual damages only, up to ~USD $8,500)

The Australian Competition and Consumer Commission (ACCC) has investigated airline compensation practices multiple times, but no national fixed-compensation law has passed.

Exception: your flight may still qualify under EU261 or UK261. This happens if the flight leaves Australia on an EU-licensed or UK-licensed airline AND arrives in the EU or UK. For example, SYD-LHR on British Airways could be covered by UK261.

The eligibility checker on this site doesn't cover Australian flights because no fixed-compensation law applies.

It depends. Montreal Convention compensation works differently from EU261 or APPR.

Key differences:

1. No fixed amounts — Montreal pays "actual damages" you can prove. If you spent $300 on an emergency hotel, you can claim $300. If you lost $2,000 in missed meetings, you may claim that (with strong evidence).
2. Maximum per passenger — about USD $8,500 (or 6,303 SDR, a special international unit). Rarely reached for typical delays.
3. Burden of proof on you — you need receipts, evidence of losses, and proof the airline was at fault. Airlines can defend by showing they took "all reasonable measures."
4. 2-year deadline — strict. If you don't file within 2 years of the flight, you lose the right entirely.

Practical reality:

• If you had no out-of-pocket losses, Montreal gives you €0
• If you paid for a hotel during a delay, you can claim the hotel cost
• If you missed a cruise or wedding because of the delay, you may be able to claim those losses too. But you need strong evidence

Think of Montreal Convention as a safety net for real financial losses — not a guaranteed payout like EU261.

You still have options, just not fixed compensation.

Universal rights that exist regardless of regulation:

1. Credit card protections — if you paid by credit card, your card issuer may cover trip disruptions through purchase protection, or let you chargeback the flight cost if the airline breached its contract (for example, didn't deliver the service you paid for).
2. Travel insurance — check your policy for trip delay, cancellation, and missed-connection coverage.
3. Airline goodwill — airlines often offer vouchers, miles, or future discounts for inconvenience. You can request these directly.
4. Airline's contract of carriage — the airline's own terms may include compensation for certain situations. Read their policy.
5. Consumer protection agencies — file a complaint with your home country's aviation regulator or consumer authority. This rarely leads to compensation, but it puts pressure on the airline.

Document everything. Keep receipts for meals, hotels, replacement flights, and any other costs. Even without fixed compensation, you may get back significant amounts through these paths.