How long does an EU261 claim take?

Start by searching your airline's name with EU261.
You'll need to file the claim with the operating airline responsible for the flight delay or cancelation. It can take some time to get a response from an airline, so give it a few weeks to a month or so before following up if you don't get a response.



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Flight Delay Compensation
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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You have one year to make a compensation claim with the airline in writing. The airline has 30 days to respond by issuing a payment or telling you why it believes compensation is not owed.

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If an airline is not honoring its refund policies or the airline's refund policies seem unfair or deceptive consider suing the airline in small claims court. In small claims court, the judge will be the ultimate decider of whether an airline's refund terms are fair or enforceable.

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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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EU261 protects passengers traveling to, from and within Europe from delays. Getty Images. In a nutshell, EU261 is a European Union law that protects passengers in the event of flight disruptions such as delays, cancellations, or involuntary boarding denials.

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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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Mishaps on airlines can result in severe emotional distress for passengers, even when they don't suffer physical injuries. When passengers fear for their lives due to some type of airline mishap, they can sue an airline for emotional distress to receive compensation.

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The process is quick and affordable. You may file a lawsuit against an airline in small claims court as long as the amount you intend to sue for is within the small claims court limit (on average $10,000 or less). Up next: Learn more on how to sue an airline in small claims court.

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So if your flight is delayed by 2 hours, there is no compensation. However, you can make a different claim. For example, if your flight is delayed by two hours or more, your airline must take care of you by offering you support services.

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Article 8Right to reimbursement or re-routing (c)re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

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Schedule Change/Significant Delay - A consumer is entitled to a refund if the airline made a significant schedule change and/or significantly delays a flight and the consumer chooses not to travel.

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Now, the DOT has defined language and timing so that a significant delay would be defined as one that affects the departure or arrival time of a domestic flight by three hours or more (or by at least six hours for an international flight).

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Passengers are also entitled to compensation if they are delayed on the ground upon arrival, with a $50 credit for a delay of one to two hours, a $125 credit for a delay of two to three hours and a $200 credit for a delay of three hours or more.

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