Compensation for a delayed flight: How to get successfully compensated? Advice from an attorney
You are sitting at the airport, the digital board shows a delay, the clock is ticking, and the vacation you were looking forward to is getting shorter. Or worse. Your flight is cancelled outright, and you realize you will get home (or to your destination) later than planned. Regulation (EC) No 261/2004 entitles you to compensation in many cases. Lawyers Vojtěch Adámek and Beáta Pultarová will explain when and how to claim it.

Compensation for a delayed flight

A flight delay doesn't just mean an unpleasant wait at the airport. In some cases, it also gives the passenger the right to financial compensation under EU rules. The deciding factor is not the departure delay itself, but the actual arrival time at the final destination. 

If the flight arrives 3 or more hours laterthan scheduled, you are entitled to the exact same financial compensation as if the airline had cancelled it.

Amount of financial compensation

Vzdálenost letu Výše kompenzace
Do 1 500 km 250 EUR
Nad 1 500 km v rámci EU 400 EUR
Od 1 500 km do 3 500 km mimo EU 400 EUR
Nad 3 500 km mimo EU 600 EUR
Snížení o 50 % (nabídnuto přesměrování s malým zpožděním) 125 EUR / 200 EUR / 300 EUR
"I often see people not pursuing compensation because they think they aren't entitled to anything if the flight wasn't cancelled entirely. Yet, a three-hour delay is enough to qualify for the same compensation as if the flight had been cancelled," says attorney Vojtěch Adámek.

What you are entitled to for free during a flight delay

In addition to the right to financial compensation, you also have the right to care. This right arises while waiting at the airport if the carrier reasonably expects a delay exceeding the specified limits: 

  • two hours or more for flights of 1,500 km or less,
  • three hours or more for flights within the EU longer than 1,500 km and for other flights between 1,500 km and 3,500 km,
  • four hours or more for other flights.
"Originally, a flight delay itself did not entitle passengers to financial compensation. That only changed with the landmark Sturgeon ruling by the Court of Justice of the EU. The CJEU concluded that passengers whose flight arrives at their final destination 3 or more hours later than the scheduled arrival time are entitled to financial compensation," explains lawyer Beáta Pultarová from the Hradec Králové branch of endors.

Scope of services provided free of charge

In these cases, passengers are entitled to reasonable refreshments and meals, the scope of which must correspond to the waiting time. This care also includes the right to free communication, and in certain cases, passengers are also entitled to free hotel accommodation and transport between the airport and the place of accommodation. 

Hotel accommodation and communication 

The right to hotel accommodation and transport between the airport and the place of accommodation does not arise automatically with every delay, but only if the delay necessitates an overnight stay or if the passenger's planned stay is involuntarily extended. In such cases, the airline is obliged to provide hotel accommodation free of charge and simultaneously cover transport between the airport and the place of accommodation. 

Beyond meals and accommodation, passengers are also entitled to free communication, which includes the option to make two phone calls or send two messages via email, fax, or telex, although you are unlikely to use this right in this day and age.

Reimbursement of expenses for a delayed flight

If the airline does not provide care directly on the spot, passengers may arrange the necessary services at their own expense and subsequently request a refund from the carrier. 

However, the airline only covers reasonable costs that correspond to the duty of care under the regulation – typically reasonable refreshments, meals, or accommodation and transport in cases where the entitlement has arisen.

"In practice, it is therefore essential that passengers carefully keep all receipts and tax documents for purchased food, drinks, and alternative transport," adds Vojtěch Adámek.

Compensation for a cancelled flight

A flight cancellation does not just entitle you to a refund of your ticket price. Depending on the circumstances, passengers have several rights when a flight is cancelled – these primarily include the right to re-routing or a ticket refund, the right to care while waiting, and the right to financial compensation.

Financial compensation 

You are entitled to financial compensation if the airline informed you of the cancellation:

  • less than 14 days in advance and did not offer a suitable replacement flight,
  • 14 to 7 days in advance and the replacement flight departs more than 2 hours earlier or arrives more than 4 hours later,
  • less than 7 days in advance and the replacement flight departs more than 1 hour earlier or arrives more than 2 hours later.

Financial compensation amount 

Vzdálenost letu Výše kompenzace
Do 1 500 km 250 EUR
Nad 1 500 km v rámci EU 400 EUR
Od 1 500 km do 3 500 km mimo EU 400 EUR
Nad 3 500 km mimo EU 600 EUR
Snížení o 50 % (nabídnuto přesměrování s malým zpožděním) 125 EUR / 200 EUR / 300 EUR

What other options do you have if your flight is cancelled 

If your flight is cancelled, you also have the right to choose one of the following options:

  • Refund within 7 days – a full refund of the ticket price (including any return flight to the original point of departure).
  • Rerouting at the earliest opportunity – alternative transport to your final destination under comparable conditions at the earliest opportunity.
  • Rerouting at a later date – alternative transport to your final destination under comparable conditions on a date of your choosing.

Just as with a flight delay, in the event of a cancellation, you are entitled to care, which includes reasonable refreshments and meals corresponding to the waiting time, free communication, hotel accommodation if an overnight stay becomes necessary, and transport between the airport and the place of accommodation.

If the carrier does not provide this care, you may arrange these services yourself and subsequently claim reimbursement for reasonably incurred expenses. Therefore, always keep receipts and other proof of payment for your expenses. 

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When you are not entitled to compensation for a cancelled or delayed flight

However, you are not automatically entitled to financial compensation for every flight cancellation. The key factor is whether the carrier could have influenced the situation. 

Exceptions include extraordinary circumstances in air travel, which could not have been avoided even with the utmost care. These include, for example:

  • Political instability (airport staff strikes, civil unrest).
  • Security risks (threat of a terrorist attack, airport evacuation).
  • Weather conditions incompatible with safe flight operations (storms, icing, volcanic ash).
  • A hidden manufacturing defect in the aircraft that would not have been detected during regular maintenance

Conversely, extraordinary circumstances do not include, for example: a routine technical failure or a strike by the carrier's own employees. In both cases, you are entitled to compensation just as if the flight had been cancelled.

What if you are in the right, but the airline claims "extraordinary circumstances"?

Carriers often reject legitimate claims by citing weather or technical issues, even when they have no right to do so under European case law.

Don't let them keep your money. We will represent you and fight for your compensation. Contact attorney Vojtěch Adámek at adamek@endors.cz.

How to claim compensation for a cancelled or delayed flight

You should claim compensation for a delayed or cancelled flight directly from the carrier that actually operated the flight. Alternatively, you can contact your travel agency if the flight was organized by them. 

All you need is your flight number, the date, and your boarding pass. The rules of Regulation (EC) No. 261/2004 apply to all carriers flying from EU airports. You can find the claim form directly on the carrier's website.

A delayed or cancelled flight can complicate even the smoothest trip. Email us at adamek@endors.cz – we will assess your claim and let you know if it is worth pursuing compensation and how to proceed.

Changes to air passenger compensation rules are coming

The rules for air passenger rights are set to change in 2027. However, the core entitlements remain in place – compensation will still apply for flights delayed by more than 3 hours or cancelled less than 14 days before departure. The compensation amounts of 250 to 600 EUR, depending on flight distance, also remain unchanged.

The new rules are primarily intended to bring greater transparency to the claims process and expand certain passenger rights, such as those regarding carry-on baggage or seating children with their guardians. Until they come into effect, everything is governed by the current rules.

Frequently Asked Questions

Am I entitled to compensation if my flight was delayed by 2 hours?
No, financial compensation only applies to delays of 3 hours or more at your final destination. However, for a 2-hour delay (on flights up to 1,500 km), you are entitled to free assistance at the airport.

Is compensation the same as damages?
No. Compensation for a delayed or cancelled flight is a flat-rate amount, regardless of the specific loss you incurred. If you suffered greater damages – such as missing a wedding or a business meeting – these must be addressed separately as a claim for damages.

Can I claim compensation even if I flew with a low-cost airline like Ryanair, Wizz Air, or EasyJet?
Yes. EU 261 rules apply to everyone equally. The process for claiming compensation for a delayed flight with Ryanair, Wizz Air, or EasyJet is therefore identical.

How much will I get for a delayed flight from Prague to London?
The distance between Prague and London is approximately 1,030 km, which falls under the 1,500 km category. If your flight arrives in London with a delay of 3 hours or more (and no extraordinary circumstances occurred), you are entitled to compensation of 250 EUR per passenger.

Your story deserves attention. Treat yourself to a lawyer who will give it to you.

While standard compensation agencies handle your case mechanically and often give up at the first obstacle, we will stand up for your rights with full legal force.

Email us at adamek@endors.cz or use our form. Send us your flight number, date of travel, boarding pass, and a description of the situation. We will assess your claim and get back to you shortly with the next steps.

Author: Vojtěch Adámek

Vojtěch is an attorney and head of the endors branch in Hradec Králové. He specializes in contract law and litigation, with over 300 contracts negotiated and drafted to his name. 

Author: Mgr. Beáta Pultarová

Junior Associate specializing in family law, contractual relations, and litigation.

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