What is Article 7 EU flight delay?

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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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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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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The EU regulation 261/2004 is concerned with the following: It is intended for passengers who suffer delayed or cancelled flights, overbooking or denied boarding. Depending on the circumstances, and subject to certain conditions, it may give rise to a claim for compensation of between €250 and €600 per person.

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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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How to File Your Flight Compensation EU Claim
  1. Keep your important travel documents, e.g. your boarding pass.
  2. Find out why the flight was delayed.
  3. Hold onto proof of the delay.
  4. Make a record of when you arrived at your final destination.
  5. Don't sign anything or accept any offers that may waive your rights.


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For delayed flights: Airlines are not required to provide flight delay compensation. Compensation is only required when “bumped” from an oversold flight, according to the U.S. Department of Transportation.

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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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Your Rights Under EC 261 If your flight has been delayed and meets the criteria of EC 261, you are entitled to claim Europe flight delay compensation. Timing is essential here because between 0 to 2 hours of your flight being delayed, EC 261 does not offer any rights or compensation to the passenger.

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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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For the most part, it's up to individual airlines to decide how to compensate their passengers after a delay. “There's no specific policy on compensations, said Shaiy Howard, president and CEO of Travel by Shaiy, a travel agency based in South Florida. Just keep in mind that all airlines vary.

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According to the Department of Transportation (DOT), there are tarmac delay rules that US airlines must follow: Carriers are not allowed to hold a domestic flight on the tarmac for more than three hours and an international flight for more than four hours, barring a couple of exceptions (like if the pilot deems it's ...

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Once you submit the complaint form to the airline, you should wait for their reply. If they fail to get back to you within two months, or you are not satisfied with their reply, you can move on to the next phase of the flight compensation claim.

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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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If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.

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