Delayed Flight: What Compensation Are You Entitled To?

Is your plane's arrival delayed by several hours?
Don't panic: in the event of a delayed flight, if you arrive at your destination with a significant delay, European regulations protect you and entitle you to compensation of up to €600 per passenger. This guide explains the conditions required to obtain compensation for a delayed flight, as well as the steps to follow.

Compensation for a delayed flight: what European law says

European regulation EC 261/2004, in force since 2005, sets out air passengers' rights in the event of an overbooked flight, a delay, or a cancellation. It imposes strict obligations on airlines in terms of assistance, refunds and flat-rate compensation, in order to reduce the risks passengers face.

In Belgium, the application of this regulation is monitored by the Federal Public Service Mobility and Transport, through the Directorate-General for Air Transport (DGTA), see below.

Which flights does European regulation apply to?

Regulation EC 261/2004 protects you if you're travelling:

• Departing from an airport in the European Union, Iceland, Norway or Switzerland;
• Departing from a non-EU country to the EU, only if the flight is operated by a European airline.

The regulation does not apply to flights departing from a non-EU country and operated by a non-EU airline. So, if it's a flight by a non-EU airline outside Europe (for example, a US airline), the applicable rules will be those in force in the country where the incident occurred.

In the event of a dispute, you will therefore need to contact the airline concerned and, where applicable, the civil aviation authorities of the country concerned.

What compensation applies for a delayed flight?

European regulation EC No. 261/2004 provides for flat-rate compensation for air passengers when their flight arrives at its final destination with at least a 3-hour delay, except in extraordinary circumstances.

Please note: it's the delay on arrival that counts, not the delay at departure.

• €250 for delays of at least 3 hours for flights up to 1,500 km
• €400 for delays of at least 3 hours for flights within the European Union of more than 1,500 km
• €400 for delays of at least 3 hours for flights outside the European Union of 1,500 km to 3,500 km
• €600 for delays of at least 4 hours for flights of more than 3,500 km.

That said, be aware that compensation can be refused, but only if the airline proves the existence of extraordinary circumstances, including, for example, extreme weather, an air traffic control strike, etc.

Delayed flight: ticket refund after 5 hours

In the event of a delay of more than 5 hours, the passenger can:

• request a full refund of the ticket;
• give up the trip at no cost;
• in the case of a connecting flight, request a return flight to the original point of departure.

This refund is independent of the flat-rate compensation, but the two cannot be combined if you give up the flight.

Mandatory assistance in the event of a delayed flight

Beyond certain delay thresholds, the airline is required to provide free assistance to passengers, regardless of the cause. Indeed, you will be entitled to a meal, drinks and two means of communication to inform your loved ones (calls, emails or texts) under the following conditions:

• For a flight distance of ≤ 1,500 km, assistance is due from a delay of 2 hours.
• For a flight distance of 1,500 km to 3,500 km, assistance is due from a delay of 3 hours.
• For a flight distance of > 3,500 km, assistance is due from a delay of 4 hours.

If the wait extends into the next day, the passenger is also entitled to hotel accommodation and free transport to and from the airport.

What are the extraordinary circumstances linked to flight delays?

Not every delay situation automatically entitles you to compensation. Indeed, the airline can refuse to compensate you if it can prove that the delay is due to extraordinary circumstances, meaning circumstances beyond its normal operations.

The following are generally recognised as extraordinary circumstances:

• extreme weather conditions such as storms, violent thunderstorms or heavy snowfall;
• political instability or security risks;
• strikes external to the airline;
• bird strikes.

On the other hand, anything directly related to the airline's internal organisation cannot be classed as extraordinary. This is notably the case for technical failures, maintenance issues, strikes by the airline's own staff, crew shortages or delays due to poorly managed aircraft rotation. That said, since protecting passengers is paramount, it will always be up to the airline to provide the evidence.

How do you claim compensation for a delayed flight?

If your flight is significantly delayed, you can request compensation from the airline. The process is simple, but requires you to be methodical.

1. Keep your documents

Before taking any action, it's essential to gather all the necessary evidence and keep it safe. Remember to keep:

• your boarding pass;
• your booking confirmation;
• receipts for expenses incurred (meals, accommodation, transport).

These documents will serve as evidence in the event of a dispute.

1. Contact the airline in question

Send your request in writing (email or registered letter) to the airline you travelled with, and specify:

• the flight number and date;
• the exact delay on arrival;
• the amount of compensation claimed, in accordance with regulation EC 261/2004;
• your full contact details and bank details (IBAN) for payment.

A clear, well-documented claim makes processing easier, reduces delays and minimises the risk of refusal: be precise and efficient!

1. Contact the FPS if refused or if you get no response

If the airline doesn't respond or rejects your request, contact the FPS Mobility and Transport - DGTA for support and further information:

• Phone: +32 (0)2 277 44 00 (between 9am and noon)
• Email: passenger.rights@mobilit.fgov.be

1. Legal action, your last resort

If no amicable solution is reached, you can take the matter to the relevant court to assert your rights and obtain your compensation.

How long do you have to claim compensation for a delayed flight?

The time limit for making your compensation claim for a delayed flight is one year in Belgium, but it varies by country. We nevertheless recommend acting as quickly as possible, so as not to exceed this deadline, which entitles you to a refund. Examples:

• Belgium: 1-year limitation period
• France: 5-year limitation period
• Germany: 3-year limitation period

FAQ: your questions about compensation for flight delays

More information

• http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_fr.htm
• http://www.mobilit.belgium.be/fr/transport_aerien/passagers/plaintes/ (this site provides a complaints form)

Also read:

• [What should you do if your luggage is lost?](/en/blog/what-to-do-if-your-luggage-is-lost)
• Your rights in the event of flight overbooking

First published: 02/2015 - Updated: 04/2026