Obtaining Compensation for Flight Delays, Flight Cancellations, and Denied Boarding

MUST READ!!! Why Choose Our Flight Representation Lawyers?

If you choose the flight compensation lawyers at The National Security Law Firm to represent you on your claim, you claim will be handled by 1) actual lawyers 2) located within the United States.

 We are, in fact, the only law firm in the United States that actively pursues flight compensation claims pursuant to EC 261/2004.

Almost all of the companies that handle claims in this area are operated by non-lawyers. Instead of a lawyer handling your claim, your claim will be handled by an “air passenger right expert” or some other fancy name for a non-lawyer. As you will see below, EC 261/2004 is a fairly complex regulation. You wouldn’t let someone who is not a doctor operate on you, would you? If not, why would you let a non-lawyer pursue a legal claim and interpret legal statutes, laws, and regulations on your behalf?

To make matters worse, these non-lawyer services charge you lawyer fees to represent you. The flight compensation lawyers at The National Security Law Firm charge the same fees – which is 1/3 of recovery – that these non-lawyer services charge. In some cases, we charge even less than non-lawyer services. Not to mention that, as actual lawyers, we are often able to recover more compensation on our clients’ behalves as compared to non-lawyer services, thereby increasing the total amount of money our clients will recover.

Similarly, of the rare service that we could find which claims that their cases are handled by actual lawyers, those services are: 1) companies, not law firms; and 2) they are located in foreign countries outside of the United States. At the National Security Law Firm, your case will be handled by a lawyer in the United States. It’s not only a matter of convenience, ease, and familiarity: American law firms are bound by ethics rules and regulations designed to protect you, while foreign companies are not.

Finally, and perhaps most importantly, we pride ourselves on handling your claim with the utmost care and diligence. Airlines often deny compensation claims without cause, citing to extraordinary circumstances to avoid liability. At the National Security Law Firm, we will investigate the circumstances causing your flight disruption. We also analyze applicable laws, air traffic, and meteorological data to strengthen our claims and obtain the highest possible compensation for our clients. Finally, we aren’t afraid to relentlessly pursue and challenge decisions that we believe are without merit. And, as lawyers, should it be necessary, we are ready, willing, and able to initiate legal proceedings on your behalf if the airline refuses to pay the compensation you are entitled to.

To recap, the flight compensation lawyers at The National Security Law Firm: 

• Are actual lawyers
• Are located in the United States
• Are bound by U.S. ethical rules and regulations
• Can often obtain higher recovery amounts
• Operate on a “no-win, no-fee” representation model
• Charge low fees of 1/3 of recovery or 1/2 of recovery for cases that proceed to trial
• Do not charge upfront fees
• Are ready to initiate legal proceedings on your behalf, if necessary
• Thoroughly investigate your claim
• Relentlessly pursue your claim

 Click below to submit your claim to our flight compensation lawyers to check your eligibility and initiate the claim process.

ELIGIBILITY FOR COMPENSATION

 What is EC 261/2004?

In recognition that denied boarding, cancellation, and long delays cause “serious trouble and inconveniences to passengers,” European Parliament and Council Regulation (EC) No. 261/2004 establishes minimum rights for passengers experiencing flight disruptions. Thus, EC 261/2004 favors passengers. Under EC 261/2004, passengers are entitled to anywhere between €250 ($267) to €600 ($641) for flight delays, cancellations, and boarding denials. In comparison to other laws on passengers rights, EC 261/2004 is one of the broadest, most comprehensive regulation.

 Which flights are covered by EC 261/2004?

EC 261/2004 applies to the countries from the European Common Aviation Area (ECAA), which includes:

• The 27 Member States of the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden);
• The United Kingdom;
• Guadeloupe, French Guiana, Martinique, Reunion Island, Mayotte, Saint-Martin, the Azores, Madeira, and the Canary Islands; and
• Albania, Bosnia and Herzegovina, Iceland, Kosovo, Northern Macedonia, Montenegro, Norway, Serbia, and Switzerland.

You should keep in mind that EC 261/2004 also applies to routes outside Europe. For example, if your flight departs from any airport located within the EU, it applies. It also applies if your flight departs from outside the EU but is with an EU airline.

Below is a simple chart that summarizes the law’s applicability.

 To put it in perspective, this regulation is so broad in its application that, under each of the following examples, U.S. citizens would be entitled to monetary compensation as well as other benefits, such as meals and hotel accommodations:

• Example 1: A U.S. citizen traveling from Paris, France, to Frankfort, Germany experiences a flight disruption
  • Because the flight is between EU nations, EC 261/2004 applies whether or not they are traveling on an EU airline
• Example 2: A U.S. citizen traveling from Paris, France, to Newark, New Jersey, experiences a flight disruption
  • Because the flight departed from an EU nation, EC 261/2004 applies whether or not they are traveling on an EU airline
• Example 3: A U.S. citizen traveling from Newark, New Jersey, to Paris, France, on an EU airline experiences a flight disruption
  • Because the flight is being operated by an EU airline, EC 261/2004 applies
• Example 4: A U.S. citizen experiences a flight disruption of a domestic connecting flight from Newark, New Jersey, to Cleveland, Ohio, where the original flight departed from Paris, France
  • Because the original flight departed from an EU nation and was made under the same booking reference, EC 261/2004 applies whether or not they are traveling on an EU airline

 Does my citizenship matter?

No. As you can see from the examples above, your citizenship does not matter. Non-EU citizens can claim flight compensation pursuant to EC 261/2004 as the regulation applies to all passengers who depart from any airport within the EU or arrive in the EU on an air company registered in the EU.

 FLIGHT DELAYS

 My flight was delayed. Am I eligible for delay compensation?

You are entitled to compensation for flight delays if you meet each of the following conditions:

1. You presented yourself for check-in at the time indicated by the air carrier (if no time is indicated, not later than 45 minutes before the scheduled departure);
2. The delay at your final destination is 3 hours or more;
3. You either departed from an airport within the EU or your flight was operated by an EU airline; and
4. The delay was not caused by “extraordinary circumstances.”

The total amount of compensation you are entitled to ranges from €250 ($267) per passenger to €600 ($641) per passenger, depending on the length of the flight and the length of the delay. See the chart below for specific compensation amounts. In addition, you may be entitled to other benefits, such as meals and accommodation, as further described below.

How is flight delay calculated?

Flight delay is based on when you arrive at your final destination – not when your flight departs. To be eligible for delay compensation, your flight must arrive at its final destination at least 3 hours later than scheduled. This is important because even if your flight takes off late, the airline may still be able to make up time in the air.

In September 2014, the European Court of Justice (case C-452/13) defined “arrival time” as the moment the aircraft reached its final destination and one of its doors is open. This is based on the assumption that, at that moment, the passengers are permitted to leave the aircraft. This can sometimes be a difference of 15 minutes or more from the time you landed, so it’s important to be precise if you are claiming for your flight delay.

My flight departed on time, but we reached our final destination over three hours late. Does that qualify as a delay?

Yes. Delays are determined by how late you arrive at the final destination, not departure time. Thus, if your flight departed on time but reached your destination over 3 hours late, you are entitled to compensation.

My flight departed three hours late but reached the destination less than three hours late. Can I claim compensation?

No. Delays are determined by how late you arrive at the final destination, not departure time. You cannot claim compensation if you reached your final destination less than 3 hours late, even if your flight was more than three hours late departing. Some airlines give themselves more time than needed when calculating their arrival time. Thus, it is possible that you can leave late and still arrive on time.

What if I missed a connecting flight?

Delays are determined by how late you arrive at your final destination. If you missed your connecting flight due to a delay, and the arrival time at your final destination exceeds the scheduled arrival time of the flight originally booked by more than 3 hours, you are entitled to compensation.

However, this only applies to directly connecting flights. In other words, your flights must be under the same booking reference. If your flight involves several stops, your final destination is the last one you reach by flights operated by the same airline. If the first leg of your journey is operated by one airline and the second by another airline, these count as two separate flights with their final destinations. If they are operated by the same airline, then there is only one final destination which is the airport that you reach at the end of your second flight.

If you missed your connecting flight due to a short delay of your first flight, and the arrival time at your final destination exceeds the scheduled arrival time of the flight originally booked by more than 3 hours, you are entitled to compensation. Compensation will be calculated based on the total distance between your initial place of departure and final destination, regardless of your intermediate stops.

FLIGHT CANCELLATIONS

My flight was canceled. Am I eligible for compensation due to flight cancellation?

If your flight was canceled, then you may be entitled to compensation if you meet the following conditions:

1. The airline either did not inform you of the cancellation or informed you less than 14 days before the flight;
2. You either departed from an airport within the EU or your flight was operated by an EU airline; and
3. The cancellation was not caused by “extraordinary circumstances.”

The total amount of compensation for flight cancellation ranges from between €125 ($134.34) per passenger to €600 ($641) per passenger, depending on the length of the flight and the length of the delay in arriving at your final destination (if your flight was re-routed). In addition, you may be entitled to other benefits, such as meals and accommodation, as described below. See the chart below for specific compensation amounts.

If the airline informed you of the cancellation:

• At least 14 days before the scheduled time of departure;
• Between 7 and 14 days prior, and offered an alternative flight that departed no more than 2 hours earlier than the original flight and arrived less than 4 hours after the scheduled time of arrival; OR
• Less than 7 days prior, and offered an alternatht that departed no more than 1 hour earlier than the original flight, and arrived less than 2 hours after the scheduled time of arrival,

It will not be obliged to pay any compensation.

What qualifies as a “canceled” flight?

Each of the following circumstances qualifies as a “canceled” flight, and thus, the same rules apply to cancellation:

1. Your original flight is canceled, and you are re-routed to another scheduled flight;
2. Your flight took off but was forced to return to the departing airport, and you were re-routed to another flight; or
3. Your flight arrived at an airport that was not the final destination indicated on your itinerary (unless you accepted re-routing).

BOARDING DENIALS

I was denied boarding. Am I eligible for compensation due to being denied boarding/overbooking?

If you were denied boarding, you might be entitled to compensation if you meet the following conditions:

1. You presented yourself for check-in at the time indicated by the air carrier (if no time is indicated, not later than 45 minutes before the scheduled departure);
2. You do not present a security risk (security risks could include things such as passenger intoxication, threatening behavior, or perceived or actual security threat based on your luggage);
3. You presented all of the required travel documents; and
4. Boarding was denied against your will.

If boarding was denied against your will, you are entitled to compensation as if your flight was canceled, as well as to be reimbursed for the full cost of your ticket or to be re-routed to your final destination at your convenience.

Suppose your flight was overbooked, and you voluntarily surrendered your seat in exchange for a travel voucher, airline miles, or any other type of compensation. In that case, you are not eligible for compensation.

My flight is overbooked. Should I volunteer my seat?

Airlines often sell more seats than they have available on a flight. They do this because, frequently, not all passengers show up for a flight. Thus, selling more seats allows them to maximize their profits. Sometimes though, airlines can misjudge, and more passengers show up than they have seating capacity. When this happens, the airline will usually first call for volunteers willing to give up their seats in exchange for vouchers or other benefits.

If not enough passengers volunteer, the airline will have to involuntarily bump some passengers by refusing boarding. Those passengers who are bumped or denied boarding passengers are eligible for compensation under EC 261/2004.

In most cases, we recommend that you refuse to give up your seat voluntarily, as doing so would prevent you from being eligible for compensation under EC 261/2004, which would likely exceed the value of whatever the airline offers.

In addition to being eligible for compensation of up to €600 ($641) per passenger, if you are denied boarding, you can choose between:

1. A full refund of the cost of the ticket and a return flight to your starting point of departure (in case of connecting flights); OR
2. A seat on a replacement flight (either as soon as possible or later at your convenience).

In addition, the airline must provide you with meals, refreshments, accommodation, and transportation while you wait for the replacement flight. In other words, airlines usually owe you more overbooked flight compensation under EC 261/2004 than what they provide to volunteers who give up their seats. Thus, in most cases, it does not make sense to voluntarily surrender your seat.

EXTRAORDINARY CIRCUMSTANCES

What qualifies as an “extraordinary circumstance” which would exempt an airline from being obligated to pay compensation under EC 261/2004?

If your delay or cancellation was due to “extraordinary circumstances,” the airline is exempt from having to pay lump sum compensation. “Extraordinary circumstances” could include things like extreme weather conditions (snowstorms, medical emergencies, low visibility, windstorms), natural disasters, bird strikes, air traffic control restrictions that are outside of the airline’s control (including runway closures), security threats, and political and civil unrest.

Even though the following circumstances may sound exceptional, they are not considered extraordinary:

• Mechanical problems
• Technical problems
• Lightening strikes
• Staffing issues

The European Court of Justice has a firm position on this: airlines are responsible for keeping their aircraft in good state and managing their staff in a way that would not affect their customers. Thus, in March of 2021, the European Court of Justice ruled that strikes by flight staff do not constitute extraordinary circumstances. Thus, airlines must compensate for delays and cancellations when airline strikes are to blame.

It is important to note that “extraordinary circumstances” only exempt airlines from having to pay lump sum compensation for delays and cancellations. Thus, if your flight was delayed or canceled due to “extraordinary circumstances,” you are still entitled to assistance from the airline in the form of meals and accommodations and the right to reimbursement or re-routing.

When do weather conditions qualify as an “extraordinary circumstance”?

According to EC 261/2004, airlines are only exempt from compensating passengers in situations that could not have been avoided “even if all reasonable measures had been taken.” Thus, it depends on whether or not the airline could have prevented the problem. Unlike natural disasters or security risks, which are clearly out of the airline’s control, bad weather conditions are not always unpredictable. Rain and snow should not come as a surprise in most situations, and airlines are expected to take reasonable measures to prevent these conditions from causing delays or cancellations.

For example, if an airline cancels or delays your flight due to the lack of de-icing fluid, but other flights are departing. In that case, the airline should be held liable for paying compensation even when they cite bad weather due to low temperature as the reason for the disruption. In other words, it was the airline’s responsibility to make sure they had sufficient de-icing fluid before the onset of winter. The airline could have reasonably prevented this situation.

However, many variables come into play when making such an assessment when it comes to bad weather. Moreover, airlines often use bad weather conditions as an excuse in order to deny having to pay compensation. In those situations, it is important to seek the advice and assistance of The National Security Law Firm in asserting your rights.

Do COVID-19-related flight disruptions qualify as “extraordinary circumstances”?

Yes, COVID-19 flight disruptions qualify as “extraordinary circumstances” and thus exempt the airlines from paying you compensation. The reason is that these cancellations were due to circumstances beyond the airlines’ control.

COMPENSATION AND OTHER BENEFITS

 What compensation or other benefits am I entitled to for my delay/cancellation/denied boarding?

If you experience a delay or cancellation or are denied boarding, you could be entitled to four basic rights: (1) the right to care/assistance (food, refreshments, transportation, and accommodation); (2) the right to reimbursement or rerouting; (3) the right to lump sum compensation; and (4) in some cases, you may be entitled to “further compensation,” such as the cost of alternative travel or the cost of missed, paid for events (such as conferences, pre-booked hotel accommodations, car rentals, etc.).

Right to Care – If you meet the circumstances described in the chart below, you are entitled to meals, refreshments, phone calls, transportation, and accommodation. Specifically, you are entitled to

1. Meals and refreshments “in proportion to wait time;”
2. Two free telephone calls, emails, or faxes; and
3. If your new departure time is scheduled at least the day after your originally scheduled flight, you are also entitled to hotel accommodation and transportation to and from your accommodations.

It is important to realize that you are entitled to these benefits regardless of whether or not your flight was delayed or canceled due to “extraordinary circumstances,” as “extraordinary circumstances” exempt airlines only from having to provide the lump sum compensation amounts described below.

Length of Flight & Length of Delay

Right to Reimbursement or Rerouting – If your flight is delayed at least five hours after your originally-scheduled departure, the airline is required to either:

1. Reimburse you for the full cost of your ticket for the part(s) of the journey not yet made, as well as for the other part(s) of the journey already made if the flight is no longer serving any purpose in relation to your original travel plan, together with a return flight to the first point of departure at the earliest opportunity possible (when relevant);
2. Reroute you to your final destination at the earliest opportunity; OR
3. Reroute you to your final destination at a later date, at your convenience, under comparable transport conditions.

Again, you are entitled to these benefits regardless of whether or not your flight was delayed or canceled due to “extraordinary circumstances,” as “extraordinary circumstances” exempt airlines only from having to provide the lump sum compensation amounts described below.

Right to Lump Sum Compensation 

1. Compensation for Delayed Flights

For flights covered by EC 261/2004, any delay longer than 3 hours entitles you to financial compensation per the chart below. Remember, flight delay is calculated based on your delay at arrival, not departure.

Compensation for Delayed Flights

2. Compensation for Cancelled Flights

For flights covered by EC 261/2004, if your original flight was canceled and your airline re-routed you to your final destination with a delay, or you never managed to complete your journey, you are entitled to compensation per the chart below. Remember, flight delay is calculated based on your delay at arrival, not departure.

Compensation for Cancelled Flights

3. Compensation for Denied Boarding

For flights covered by EC 261/2004, if you were denied boarding, you are entitled to compensation per the chart below.

Compensation for Denied Boarding

4. Further Compensation

EC 261/2004 specifically states that the regulation does not prevent a passenger from claiming “further compensation.” Compensation granted under EC 261/2004, however, may be deducted from such compensation.

Thus, for example, it is possible that you could obtain additional compensation for damages that you incurred due to the delay or cancellation, such as the cost of alternative travel means or the cost of missed, paid-for events such as conferences, pre-booked hotel accommodations or rental car arrangements, etc. To claim damages for any of these types of situations, however, you must provide evidence of the costs and cancellation/refund policies.

 What if my class was upgraded or downgraded?

If you receive a class upgrade for the replacement flight, you do not owe any additional money to the airline. If, on the other hand, you are downgraded (put on a lower class than what you originally booked), you are entitled to a partial refund of the original ticket price, as shown in the chart below.

Upgraded or Downgraded Class

My flight was canceled and the airline offered to reroute me on a flight that departed two days later. This did not fit my plans, so I purchased new tickets with another airline. Will the airline compensate me for the new tickets I had to purchase with the other airline?

According to EC 261/2004, if you refuse an alternative flight that the airline offers, the airline is not obligated to refund you for any tickets that you had to purchase on your own from another airline. However, you are still entitled to: 1) reimbursement for the purchase price of your tickets for the canceled flight; and 2) flight compensation for the canceled flight.

 When am I only entitled to 50% of the lump sum compensation?

If your flight was canceled and you agree to be rerouted, the airline can reduce the total compensation by up to 50% in cases where: (1) the delay at arrival is less than 2 hours for flights 1,500 km (932 miles) or less; (2) the delay at arrival is less than 3 hours for internal EU flights of more than 1,500 km (932 miles) or non-internal EU flights between 1,500 km (932 miles)  and 3,500 km (2,174 miles); or (3) the delay at arrival is less than 4 hours for non-internal EU flights over 3,500 km. These reduced amounts are reflected in the cancellation compensation chart above in the first three columns.

Can I receive compensation/assistance/reimbursement or rerouting for my children or other passengers who traveled with me?

The EU regulation indicates that all passengers are entitled to compensation for delays or cancellations, so long as they paid for a ticket. Thus, passengers such as babies who are traveling free of charge are not entitled to compensation. If you paid for your children or your babies’ seats, however, then you are entitled to compensation.

If you flew with your friends or family and you booked your tickets together (i.e., you traveled with the same booking reference), you can submit a claim for them along with your claim, so long as you have their consent.

Someone else bought my ticket for me. Am I entitled to compensation?

The beneficiary is the person who traveled or was due to travel. Thus, even if your company purchased your tickets or you were gifted them by friends or family, you are the person who experienced the inconvenience of a disrupted flight, and thus you must make a claim for compensation.

Can I receive compensation if the airline already assisted me with meals, refreshments, or accommodation?

Yes, the right to compensation is separate from the right to care, such as meals and accommodation. Thus, regardless of whether you received assistance such as meals or accommodation, you are still entitled to compensation.

What if I accepted a gift certificate/travel voucher from the airline? Am I still entitled to compensation?

Yes, but you can only claim for the difference between the amount of compensation you are entitled to and the value of the received voucher. It is also important that you understand that you are not obligated to accept the airline’s offer of travel vouchers, and you can demand compensation in cash instead.

When you submit a claim to The National Security Law Firm, you must disclose any vouchers you accepted. Failure to do so could result in substantial processing delays concerning your claim.

What else is the airline obligated to do under EC 261/2004?

Airlines are required to inform passengers of their rights under EC 261/2004. Specifically, they are required to:

1. Post a legible notice at check-in as follows: “If you are denied boarding or if your flight is canceled or delayed for at least two hours, as at the check-in counter or boarding gate for the text stating your rights, particularly concerning compensation and assistance;” AND
2. Any airline denying boarding, canceling a flight, or delaying a flight by two hours or more shall provide each passenger affected with a written notice setting out the rules for compensation and assistance. For example, you can view a copy of United Airlines’ written notice in accordance with EC 261/2004.

Please advise us if the airline fails to notify you accordingly.

How is the length of my flight determined?

The total length of your trip is determined by the great circle method, i.e., the shortest distance between your starting point and your final destination. Thus, if you have a connecting flight that takes you out of the way and thus adds additional miles onto your journey, they will not count towards calculating the compensation owed from the airline.

On the other hand, how much you can claim for a flight disruption depends on the total journey distance (using the great circle method), not just the length of the disrupted flight. In other words, if a cancellation or delay applied to only one leg of your trip, which is part of a total journey of more than 3,500 km, you would be eligible for compensation of €600 ($641) per passenger.

Where can I read a full copy of EC 261/2004?

European Parliament and Council Regulation (EC) No. 261/2004 can be viewed here.

CLAIM PROCESS

 How long do I have to file my claim?

Each country sets forth deadlines to file claims under EC 261/2004. These deadlines are based on the location of the airline headquarters you were flying under. For example, if you flew Air France, French regulations say you have 5 years to file your claim. Of course, we recommend filing your claim as soon as possible. If possible, you should file your claim on the same day of the delay or cancellation. The earlier, the better.

The time limits under which you can claim compensation are as follows:

Claim Process Time Limits

How do I file my claim?

If you believe that you are entitled to compensation or other benefits, you must file a claim with the appropriate airline. The airline will not compensate you unless you file a valid claim.

If you would like The National Security Law Firm to represent you, the process to submit your claim to us is quick and easy and can be completed in under 5 minutes. Simply click the link below to check your eligibility and initiate the claim process with our law firm, and we will handle the rest of your claim.

GETTING STARTED

If you have experienced a delay, cancellation, or been denied boarding, click the button below to check your eligibility and to initiate the claim process with the National Security Law Firm.

After receiving your submission, the flight compensation lawyers at the National Security Law Firm will then review your case to determine: 1) whether you are entitled to compensation; and 2), if so, how much compensation you are entitled to. We will then reach out to you to start the process within 24 hours.

Submitting a claim with the National Security Law Firm is quick and easy and should not take more than a few minutes of your time. Thereafter, you can sit back and relax while we pursue your claim with the airline.