How much delay qualifies for EU261 compensation?

Your flight must arrive at its final destination at least 3 hours late. The departure time does not count — only the arrival time matters. This follows from the Sturgeon ruling of the European Court of Justice.

What evidence should I keep after a delay?

Keep your boarding pass, booking confirmation, any airline messages about the delay, and receipts for meals or a hotel you had to pay for because of the delay. Screenshots from a flight-tracking app are also valuable.

How long do I have to file a claim?

Limitation periods differ by country: Netherlands 2 years, Belgium 1 year, Germany 3 years (from end of flight year), France and Spain 5 years. The country of departure or, for non-EU departures, the airline's registration country typically determines which law applies.

What if the airline says extraordinary circumstances apply?

The airline must prove this. A technical defect that is inherent to normal airline operations is almost never an extraordinary circumstance under EU case law (Wallentin-Hermann, Van der Lans). Don't simply accept a rejection — have your claim reviewed.

Am I entitled to meals and a hotel during a delay?

Yes. From 2 hours of waiting you are entitled to meals and drinks under Article 9 EU261. This is separate from the financial compensation claim and applies even if no monetary compensation is owed.

Flight delayed: what to do now? Your EU261 rights

If your flight arrives at its final destination 3 hours or more late, EU Regulation 261/2004 entitles you to fixed financial compensation of €250, €400, or €600 — depending on the flight distance. The delay is measured at arrival, not departure (Sturgeon ruling, European Court of Justice). From 2 hours of waiting you also have an immediate right to meals and drinks, regardless of whether monetary compensation will later be due. DelayPaid works exclusively on flights operating to or from Dutch airports (e.g. Amsterdam Schiphol, Eindhoven, Rotterdam).

Step 1: Does the delay qualify?

The key threshold is 3 hours of arrival delay at your final destination. Not when the aircraft pushes back from the gate, but when the aircraft doors open at your destination. A flight that arrives 2h55 late falls outside the right; one arriving 3h01 late is fully covered.

The compensation amount depends on distance:

Distance	Arrival delay	Compensation
Up to 1,500 km	≥3 hours	€250
1,500 – 3,500 km	≥3 hours	€400
>3,500 km (intra-EU)	≥3 hours	€400
>3,500 km (intercontinental)	≥4 hours	€600
>3,500 km (intercontinental)	3–4 hours	€300

Step 2: Does EU261 apply to your flight?

EU Regulation 261/2004 applies when:

your flight departs from an airport in the EU (then it always applies, for any airline), or
your flight arrives at an EU airport with a European airline (including EEA: Iceland, Norway, Switzerland).

Flying New York to Amsterdam with KLM? Covered. Flying New York to Amsterdam with American Airlines? Not covered (non-EU departure, non-EU airline). Flying Amsterdam to New York with American Airlines? Covered (EU departure).

Step 3: Collect evidence — do this immediately

The more evidence you have, the stronger your position. Save the following directly after the delay:

Boarding pass (paper or digital screenshot) — proof you were on that flight.
Booking confirmation with flight number, date, and scheduled times.
Messages from the airline — SMS, email, or app notification about the delay; keep these unmodified.
Photo of the departures board showing the actual departure time or delay announcement.
Record the arrival time — screenshot from a flight tracker (e.g. Flightradar24) showing the landing moment and door-opening time.
Receipts for meals, drinks, or a hotel room you paid for because of the delay.
Reason for the delay, if the airline provides one. Ask for this in writing at the gate or by email afterwards.

Step 4: File a claim with the airline

After returning home, submit a claim to the airline. Almost all airlines have an online complaints form. Include in your claim:

Your name and booking reference.
Flight number, date, departure and destination airport.
Scheduled and actual arrival time (ideally with evidence).
The amount you are claiming, based on EU261.
Your bank details (IBAN).

Send the claim by email with read-receipt or by registered post. Keep a copy of everything you send.

Step 5: What to do if the airline refuses or doesn't respond

Airlines sometimes do not respond, or reject the claim with a standard letter about "extraordinary circumstances". You then have several options:

National enforcement body — in the Netherlands: Inspectie Leefomgeving en Transport (ILT), free of charge. In Belgium: Directoraat-Generaal Luchtvaart.
Dispute committee — for flights to/from the Netherlands, depending on the airline.
Court — for clear-cut cases the Dutch Cantonal Court handles these claims; no threshold up to €25,000.
Claims agency — a specialist agency like DelayPaid handles the entire procedure on a no-win-no-fee basis (25% incl. VAT success fee).

Honest about your alternatives

You can submit your EU261 claim entirely for free, directly with the airline. That costs only your time. If the airline refuses, you can also file a free complaint with the ILT. DelayPaid adds value when the airline disputes your claim, the case needs legal follow-up, or you simply prefer not to handle the correspondence yourself. The choice is entirely yours.

Limitation periods: act in time

Your right to compensation expires. In the Netherlands you have 2 years from the flight date. In Belgium only 1 year. Don't wait too long, especially if the flight was some time ago. See our guide on limitation periods by country for a full overview.

What if you were also entitled to care but didn't receive it?

From 2 hours of waiting the airline should have offered you meals, drinks, and communication facilities (Article 9 EU261). If you paid for these yourself, you can claim them back from the airline, separately from the compensation claim. Keep your receipts.

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Flight delayed: what to do now?