≤ 1500 km
€250All flights in this distance band.
Your rights under EU 261
A short overview of what Regulation (EC) No 261/2004 — a European regulation that applies across the EU — gives you. Not advice — an honest map of the terrain. Want to claim right away? Use the tool.
When can you start?
From the moment it's clear your flight went wrong — including while you're still at the airport, including weeks later. A claim rarely wraps up with the first letter. The tool saves your progress and walks you through each follow-up step. You have 5 years to file the claim before it lapses.
1. How much is the compensation?
On an arrival delay of 3 hours or more (or on cancellation), the of Article 7 apply (see also Bossen C-559/16 on distance measurement):
1500 – 3500 km
€400Intra-EU flights >1500 km and all other flights 1500–3500 km.
> 3500 km
€600Non-intra-EU flights above 3500 km.
| Distance | Amount | Notes |
|---|---|---|
| ≤ 1500 km | €250 | All flights in this distance band. |
| 1500 – 3500 km | €400 | Intra-EU flights >1500 km and all other flights 1500–3500 km. |
| > 3500 km | €600 | Non-intra-EU flights above 3500 km. |
Distance is calculated as between original departure and final destination — Bossen C-559/16.
2. Extraordinary-circumstances cheat sheet
is no free pass. The airline must prove that (1) the cause was genuinely beyond its control and (2) even with reasonable preparation the delay was not avoidable. How the most common excuses stack up against Court of Justice (CJEU) rulings:
Technical defect / maintenance failure
Not an extraordinary circumstance — operational failures are part of normal operations.
Unexpected technical failure without poor maintenance
Confirms: unexpected failures within normal operations also do not fall under the exception.
Hidden design defect acknowledged by manufacturer
IS an extraordinary circumstance — exception to Wallentin-Hermann/van der Lans.
Bird strike
Extraordinary circumstance; carrier must show reasonable measures.
Wildcat strike of own staff
Not an extraordinary circumstance — internal labour unrest is part of normal operations.
Krüsemann and Others v TUIfly (C-195/17 and Others (joined))
Own crew shortage (illness, FDP, scheduling)
Not an extraordinary circumstance; own-staff dropouts are within actual control.
TAP Portugal — death of co-pilot (flightright/Myflyright) (C-156/22, C-157/22 and C-158/22 (joined))
Delay on a previous flight
Only valid if the CAUSE of that previous delay was itself extraordinary; delay is measured at the final destination.
Weather conditions
Can be an extraordinary circumstance (Recital 14), but the carrier must specifically show that the weather made operation impossible AND that buffer time was scheduled.
Eglītis and Ratnieks v Latvijas Republikas Ekonomikas ministrija / Air Baltic (C-294/10)
Fuel-supply / airport-system failure
Extraordinary circumstance only if the system is under airport control and beyond carrier control.
Foreign object (FOD) damages tyre
Extraordinary circumstance — damage cause lies outside carrier responsibility.
| Airline excuse | Doctrine | CJEU ruling |
|---|---|---|
| Technical defect / maintenance failure | Not an extraordinary circumstance — operational failures are part of normal operations. | Wallentin-Hermann v Alitalia (C-549/07) |
| Unexpected technical failure without poor maintenance | Confirms: unexpected failures within normal operations also do not fall under the exception. | Van der Lans v KLM (C-257/14) |
| Hidden design defect acknowledged by manufacturer | IS an extraordinary circumstance — exception to Wallentin-Hermann/van der Lans. | Matkustaja A v Finnair (C-385/23) |
| Bird strike | Extraordinary circumstance; carrier must show reasonable measures. | Pešková and Peška v Travel Service (C-315/15) |
| Wildcat strike of own staff | Not an extraordinary circumstance — internal labour unrest is part of normal operations. | Krüsemann and Others v TUIfly (C-195/17 and Others (joined)) |
| Own crew shortage (illness, FDP, scheduling) | Not an extraordinary circumstance; own-staff dropouts are within actual control. | TAP Portugal — death of co-pilot (flightright/Myflyright) (C-156/22, C-157/22 and C-158/22 (joined)) |
| Delay on a previous flight | Only valid if the CAUSE of that previous delay was itself extraordinary; delay is measured at the final destination. | Air France v Folkerts (C-11/11) |
| Weather conditions | Can be an extraordinary circumstance (Recital 14), but the carrier must specifically show that the weather made operation impossible AND that buffer time was scheduled. | Eglītis and Ratnieks v Latvijas Republikas Ekonomikas ministrija / Air Baltic (C-294/10) |
| Fuel-supply / airport-system failure | Extraordinary circumstance only if the system is under airport control and beyond carrier control. | SATA International — Azores Airlines (C-308/21) |
| Foreign object (FOD) damages tyre | Extraordinary circumstance — damage cause lies outside carrier responsibility. | Germanwings v Pauels (C-501/17) |
«FDP» = Flight Duty Period: legal duty-time limits for crew. For each ruling: link to EUR-Lex. Full set at /transparency.
3. What if the airline does nothing?
No response or a rejection is normal — almost everyone gets one. Here is the escalation ladder, step by step.
Step 1 — Send a substantiated claim
Day 0: send a claim letter (this tool, step 1) — right after the flight or as soon as possible. Most airlines reject valid claims first. Pushing on to step 2 is the rule, not the exception.
Step 2 — 14 days no answer, or a rejection? Send a notice of default
An EU 261 claim is a money claim under contract. Under the airline gets a reasonable period to pay — in NL collection practice usually 14 days. Source: BW 6:82. Paste their response into step 2 of this tool and you'll get a notice-of-default letter with CJEU case law.
Step 3 — Still no money? Choose deliberately
- Go to the yourself. For claims up to €25,000 you don't need a lawyer — you may litigate in person (Rv art. 79, Rv art. 93). See §4 Practical kantonprocedure below.
- Hire a claim firm. You pay 25–50% commission but the work is taken off your hands. Honest comparison: /waarom-deze-tool.
- ILT report as a signal. The Dutch civil aviation authority (ILT) does not handle individual compensation requests and cannot force airlines to pay. You can file a report as a signal for systemic enforcement, but it doesn't get you paid. ILT report form (ILT delay/cancellation).
Wrong doors
- De Geschillencommissie Reizen handles complaints about tour operators (package travel) — NOT direct claims against an airline. Filing fees €77.50–€127.50 — wrong forum. Source: Disputes Committee Travel.
- ECC-NL mediates cross-border (only with non-Dutch airlines) and free of charge. The outcome is non-binding. Plan on 2–3 months. Doesn't work? Then the kantonrechter is the normal next step (ECC-NL).
4. How does a kantonprocedure work in practice?
The kantonrechter handles civil cases up to €25,000. You are the claimant, the airline is the defendant. Below the main lines.
Do I need a lawyer?
No — for claims up to €25,000 you may litigate in person. Verbatim Rv art. 79 paragraph 1: «Parties may litigate in person in cases before the kantonrechter» (Rv art. 79).
Where do I file?
Digitally via Mijn Rechtspraak / «Geld eisen»: rechtspraak.nl/Onderwerpen/Geld-eisen (Rechtspraak money claims).
What does it cost?
One-time court filing fee — only you as claimant pay. If you win the case, you get the filing fee back. Current rate: Rechtspraak.nl filing fee kanton (Rechtspraak court fees).
What do I submit?
- Your claim letter (this tool, step 1).
- The airline's rejection letter.
- Optionally your rebuttal letter (this tool, step 2).
- Booking confirmation + boarding pass.
- Photos or emails about the delay (see also §6 During the delay).
How long does it take?
Varies by court; plan on several months between filing and hearing. The Rechtspraak publishes normalised lead times by area of law in its annual report — see Rechtspraak statistics.
And if the airline doesn't pay after a judgment?
With an enforceable judgment you can engage a bailiff for execution (attachment of balances or assets). Filing fees and procedural costs are usually awarded back to you on a successful claim. Procedure via Rechtspraak.nl — Geld eisen (Rechtspraak money claims).
This is not legal advice. The process is described as it appears on Rechtspraak.nl.
5.
The period varies by country — what governs is the law of the country where the airline is established, or the country of departure or arrival.
| Country | Period | Source |
|---|---|---|
| Netherlands | 5 years | BW 3:307 |
| Germany | 3 years | § 195 BGB |
| Belgium | 1 year | Court of Cassation 2018 |
| France | 5 years | Art. 2224 Code civil |
| Spain | 5 years | Art. 1964 Código Civil |
Periods DE/BE/FR/ES are indicative; for certainty: ask ECC-NL or a local lawyer.
Period almost up? Interrupt the limitation.
A registered letter in which you unambiguously assert your right to payment stops the clock (). Verbatim BW 3:317 paragraph 1: «The limitation of a right of action for performance of an obligation is interrupted by a written demand or a written notice in which the creditor unambiguously reserves their right to performance.» (BW 3:317). Send by registered mail → proof of dispatch and date.
6. During the delay: what to do at the airport?
- Demand the Article 14 notice on paper. If they refuse: note the name and role of whoever refuses. Source: Art. 14 EU 261.
- Photograph the delay reason on the info screen at the gate. Evidence of what the airline itself stated as the reason — often the opposite of what they later claim in a rejection letter.
- Keep your boarding pass, booking confirmation and any email/SMS in which they communicated the delay.
- Demand the Article 9 care (food, drink, possibly hotel). If they don't provide it: pay yourself and keep receipts for reimbursement.
Right to care (Article 9)
- Meals and drinks in reasonable proportion to the waiting time.
- Two free phone calls, faxes, or emails.
- Hotel accommodation if one or more nights are needed.
- Transport between airport and hotel.
Paying yourself? Keep receipts and claim reimbursement. Verbatim source: Art. 9 EU 261.
Refund or rebooking (Article 8)
On cancellation or a delay of ≥5 hours you choose:
- Full refund of the ticket within 7 days, plus a return flight to the first point of departure if relevant.
- An alternative flight to your final destination at the earliest opportunity, or on a later date of your choice.
Verbatim source: Art. 8 EU 261.
Denied boarding (overbooking) — Article 4
If the airline has sold more tickets than seats, it first asks for volunteers willing to give up their seat (Art. 4 paragraph 1). Only after that may it deny passengers against their will (paragraph 2).
Denied? Then immediately you get:
- Compensation under Article 7 (€250/€400/€600) — no waiting-time threshold.
- Choice between refund or rebooking (Article 8).
- Right to care (Article 9) while waiting.
Verbatim source: Art. 4 EU 261.
Placement in a lower class — Article 10
If the airline places you in a lower class than your ticket, you get within 7 days a percentage of the ticket price back:
| Distance | Refund |
|---|---|
| ≤ 1500 km | 30 % |
| 1500 – 3500 km (incl. intra-EU > 1500 km) | 50 % |
| > 3500 km | 75 % |
Verbatim source: Art. 10 EU 261.
Airline information duty — Article 14
The airline is required (Article 14) to inform you in writing about your rights before departure. On cancellation or denied boarding they must even hand the rules to you on paper. Many airlines don't. A missed notice is not separately compensated, but it strengthens your negotiating position. Source: Art. 14 EU 261.