The Core Rule: Arrival Delay of 3 Hours or More
EU Regulation 261/2004 does not define a "delay" by when your plane leaves — it cares about when you arrive. The European Court of Justice settled this in the landmark Sturgeon v Condor judgment (2009): passengers whose flight arrives at least 3 hours late at the final destination are entitled to the same fixed compensation as cancelled flights.
"Arrival" means the moment the aircraft doors are opened and passengers are free to disembark. This is not the time the wheels touch the runway (touchdown), but when you can actually leave the plane. In practice, this is typically 5–15 minutes after touchdown.
Simple rule: if the doors open 3 hours or more after your scheduled arrival time — you have a claim.
The departure time is irrelevant. A plane can push back 6 hours late, make up time in the air, and land less than 3 hours after schedule — no compensation is owed. Conversely, a plane that departs on time but gets stuck on the tarmac at arrival for 3+ hours is a qualifying delay.
Compensation Amounts by Distance
Once the 3-hour arrival threshold is met, compensation is fixed by flight distance — not ticket price, not delay length (beyond the 3-hour minimum).
| Flight Distance | Compensation | Typical Routes |
|---|---|---|
| Up to 1,500 km | €250 | Warsaw–London, Paris–Madrid |
| 1,500–3,500 km | €400 | Warsaw–Tel Aviv, London–Cairo |
| Over 3,500 km | €600 | Warsaw–New York, London–Bangkok |
Note: For intra-EU flights over 1,500 km where the airline re-routes you and you arrive within 3 hours of the original schedule, the €400 can be reduced by 50% to €200.
Which Delay Scenarios Qualify — and Which Don't
Delayed departure + delayed arrival (3h+)
The most common scenario — flight takes off late and also lands late. Qualifies if arrival is 3+ hours delayed.
On-time departure but late arrival
Holding patterns, congestion at destination, slow disembarkation — if doors open 3h+ late, compensation is owed.
Missed connection causing 3h+ delay at final destination
When a delay on leg 1 causes you to miss a booked connection, what matters is your arrival at the final destination. Compensation is based on the total journey distance.
Cancelled flight rebooked to a flight arriving 3h+ late
If your cancelled flight is replaced by a rerouting that gets you to your destination 3+ hours after the original scheduled arrival, EU261 compensation applies.
Departure delayed, arrival less than 3 hours late
No compensation. But you are entitled to care rights (meals, etc.) if the departure delay is 2h+.
Delay caused by extraordinary circumstances
No compensation if the airline proves the delay was caused by unavoidable extraordinary circumstances (e.g. severe weather, security threats, ATC strikes). However, care rights still apply.
How Delay Is Measured: The Clock Rules
The delay is calculated by comparing your scheduled arrival time (as printed on your booking confirmation) against the actual arrival time (doors open at destination).
Scheduled arrival time
The time shown on your original booking confirmation for that specific flight. If the airline later changes the schedule (even weeks in advance), the original scheduled time is usually used as the reference point for EU261 purposes.
Actual arrival time
The moment the aircraft doors are opened at the destination airport — not wheels-on-ground (touchdown), not gate arrival, not when you reach baggage claim. Door-open time is the legal standard confirmed by EU courts.
Important: Schedule changes are not delays
If an airline notifies you of a schedule change more than 14 days before departure, this is not a covered delay — it is treated as a cancellation with a different set of rules. For changes within 14 days, EU261 cancellation rules apply.
Your Rights While Waiting: Care During the Delay
EU261 grants you care rights at the departure airport even for delays that don't reach the 3-hour compensation threshold. These kick in based on departure delay and flight distance:
| Wait at departure (short/medium haul) | Wait at departure (long haul 3,500km+) | You are owed |
|---|---|---|
| 2 hours+ | 4 hours+ | Meals & refreshments, 2 phone calls/emails |
| 5 hours+ | 5 hours+ | Full refund + return flight if you choose not to travel |
| Overnight delay | Overnight delay | Hotel accommodation + transport to/from hotel |
Keep all receipts. If the airline fails to provide these services, you can claim the costs back — even if no financial compensation is due for the delay itself.
Was Your Flight Delayed 3+ Hours?
Check your eligibility in 2 minutes. ClaimWinger handles the entire claim process — no upfront costs, 30% commission only on success.
Check My Flight Delay ClaimExtraordinary Circumstances: When a Qualifying Delay Pays No Compensation
Even if your arrival is 3+ hours late, the airline is exempt from compensation if it can prove the delay was caused by "extraordinary circumstances" that could not have been avoided even with all reasonable measures. The burden of proof lies entirely with the airline.
Typically exempt (extraordinary)
- •Severe weather (storm, hurricane, heavy snow)
- •Air traffic control (ATC) restrictions
- •Airport security incidents
- •Political instability / airspace closure
- •Bird strikes (rarely — case by case)
Not extraordinary — compensation owed
- •Technical faults (most aircraft defects)
- •Crew shortage / crew scheduling problems
- •Previous late arrival of the same aircraft
- •Airline strikes (but not ATC or airport strikes)
- •Light rain or minor wind conditions
Airlines frequently over-invoke extraordinary circumstances. If your airline claims weather or technical issues, it is worth challenging the claim — particularly for technical faults, which courts consistently rule as the airline's operational responsibility.
Which Flights Does EU261 Cover?
The delay rules only apply to flights within EU261's scope. Even a 6-hour delay gives you nothing if the regulation doesn't apply:
Any flight departing from an EU airport — regardless of which airline (Ryanair, Emirates, Turkish Airlines — all covered outbound)
Flights arriving in the EU operated by an EU-based carrier — e.g. Ryanair flying London→Warsaw is covered; Emirates flying Dubai→Amsterdam is not
UK261 covers the same scenarios for flights to/from UK airports (post-Brexit equivalent regulation — same compensation amounts)
Flight departing from a non-EU airport on a non-EU airline — e.g. Emirates flying Dubai→Amsterdam: not covered by EU261
Related Guides
Frequently Asked Questions
What counts as a delay under EU261?
Under EU Regulation 261/2004, a qualifying delay is measured at the destination by when the aircraft doors open. If you arrive 3 hours or more after the scheduled arrival time, you are entitled to compensation of €250, €400, or €600 depending on flight distance.
Is a 2-hour delay covered by EU261?
Not for the financial compensation. A 2-hour departure delay does entitle you to care rights — free meals, refreshments, and communication at the airport. The €250–€600 cash compensation only applies when your arrival at the final destination is 3+ hours late.
Does the departure delay or arrival delay matter for EU261?
Arrival delay is what counts for compensation. This was confirmed by the European Court of Justice in Sturgeon v Condor (2009). A flight can depart 5 hours late but if it arrives less than 3 hours late, no compensation is due.
Does EU261 apply to delays on connecting flights?
Yes — what matters is your total arrival at the final destination. If a delay on leg one causes a missed connection, and you arrive at your final destination 3+ hours late, compensation is based on the full journey distance and the overall delay.
Can an airline avoid paying if the delay was due to weather?
Severe, unavoidable weather can exempt the airline. However, the airline must prove it took all reasonable measures to avoid the delay. Mild or predictable weather conditions, or weather affecting an earlier rotation, rarely exempt the airline from compensation.
Ready to Claim Your Compensation?
If your flight arrived 3+ hours late, you may be owed up to €600. ClaimWinger's legal team handles the entire process — no win, no fee. 30% commission only on success (+ VAT for Polish residents).
Start My EU261 Claim