The three-hour rule
Compensation kicks in at the arrival end, not at departure. What matters is how late you got to your final destination compared to the scheduled arrival time. If that gap is three hours or more, you're potentially eligible.
How much you're owed
| Distance | Delay at arrival | Compensation |
|---|---|---|
| Up to 1,500 km | 3+ hours | €250 |
| Intra-EU > 1,500 km, or 1,500–3,500 km | 3+ hours | €400 |
| Over 3,500 km extra-EU | 3–4 hours | €300 |
| Over 3,500 km extra-EU | 4+ hours | €600 |
What counts as the airline's fault
Most delays are claimable. The exceptions — "extraordinary circumstances" — are narrowly defined and have to be outside the airline's control. Common examples that do not exempt the airline:
- Technical or mechanical faults (settled by the EU Court in Wallentin-Hermann)
- Crew shortages or rota issues
- Airline staff strikes (settled in Krüsemann)
- Late inbound aircraft (the airline's own scheduling problem)
How airlines try to avoid paying
The most common tactic is to blame "operational reasons" without proving they were extraordinary. Airlines are legally required to provide evidence. Most claims fail not because they're invalid but because passengers stop chasing.