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How long can you claim compensation for a flight in the EU?

According to EC 261, you qualify if your flight was delayed by more than 3 hours, and it wasn't due to circumstances outside of the airline's control.



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When a flight delay occurs, you are entitled to assistance and a choice between rerouting, reimbursement, or rebooking. If you arrive at your destination more than 3 hours after your scheduled arrival time, you are entitled to the same reimbursement, rerouting, and rebooking structure as a denied boarding.

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All flights that are less than 1,500 km (932 miles): 250 euros ($269) per passenger, if you're delayed by at least two hours. Internal EU flights over 1,500 km: 400 euros ($430) per person, if you're delayed by at least three hours.

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The main categories of events that are likely to be an extraordinary circumstance include: Weather conditions incompatible with the safe operation of the flight. Strikes (unrelated to the airline such as airport staff, ground handlers, air traffic control or border force) Acts of terrorism or sabotage.

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If your flight is delayed for two hours or more at departure, the airline must offer you care (meals and refreshments and, if necessary accommodation). If this delay means that, you arrive at your final destination with a delay of more than 3 hours you may also be entitled to financial compensation.

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If departing from a non-member country, the airline must be licensed in a Member State. The EU recently expanded this rule to include flights departing from the EU to the U.S. and some other countries, and even connecting flights within the U.S. operated by U.S. partners of EU airlines.

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When flying from the U.S. to Europe, only flights operated by an EU-based airline will be eligible for EU261 flight delay compensation. This means if the operating airline is Aer Lingus, Air France, Iberia, Icelandair, KLM, Lufthansa, SAS, Swiss, TAP, or another EU-based carrier, the EU261 rule will apply.

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When a flight is delayed, the FAA allocates slots for takeoffs and landings based on which flight is scheduled first. The US Department of Transportation imposes a fine of up to US$27,500 per passenger for planes left on the tarmac for more than three hours without taking off or four hours for international flights.

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In the United States, airlines are not required to compensate passengers when flights are delayed or cancelled. Compensation is required by U.S. law only when certain passengers are “bumped” from a flight that is oversold.

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Unfortunately, simply waiting more than 2 hours delay for a flight doesn't automatically qualify you for delayed compensation benefits. Airlines may also offer food and hotel vouchers to stranded passengers, so be sure to ask if you are delayed.

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Article 7 — Right to compensation EUR 600 for all flights not falling under (a) or (b). In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.

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If a flight delay or cancellation occurs due to a third party strike, then the EU Passenger Rights Regulation exempts the airline from the obligation to compensate. In general, however, the airline must prove that it has taken all possible measures to avoid the strike.

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However, if your first flight is delayed for more than 3 hours, you may be entitled to compensation from the airline that caused the delay. In addition to compensation, the airline must offer you a choice between: Reimbursement of your ticket and a return flight to your departure airport if you have a connecting flight.

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If the airline has denied your compensation, the next step is to take them to court. There are lawyers that specialize in air passenger rights that may be happy to help you with your case.

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