Experiencing a diverted flight can disrupt your entire travel plans. When your aircraft unexpectedly lands at an airport other than your intended destination, it often results in missed connections, added expenses, and considerable stress. EU Regulation 261/2004 provides important protections for travelers in these situations, potentially entitling them to compensation for diverted flight of up to €600 when diversions occur due to factors within the airline’s control. This regulation ensures that passenger rights are upheld, even when travel plans are tossed into chaos.
Passenger Rights in Case of Flight Diverted
According to EU Regulation 261/2004, if this diversion results in an arrival delay of more than 3 hours at your final destination, you’re entitled to several important rights as a passenger:
- Right to care: The airline must provide you with meals and refreshments based on the waiting time, two telephone calls or emails, and, if necessary, hotel accommodation and transfer between the airport and the hotel.
- Right to rerouting or reimbursement: If your flight is diverted to an alternative airport, the airline is obligated to arrange transportation to your original destination airport. Alternatively, if you decide not to continue your journey, you can request a full refund for the unused portion of your ticket.
- Right to diverted flight compensation: Passengers may be eligible for financial compensation of up to €600, depending on the flight distance and the length of the delay.
It’s important to note that these rights only apply to aircraft that are leaving from or arriving at EU airports with an EU-registered carrier, and only in cases where the airline is to blame for the diversion rather than because of exceptional circumstances.
Diverted Flight Compensation
According to EU Regulation 261/2004, you are entitled to up to €600 in flight diversion compensation if your flight is diverted and causes you to arrive at your destination more than three hours later than expected. The exact amount you’re entitled to depends on both the flight distance and the length of the delay you experienced.
The following criteria determine the amount of compensation for diverted flight:
Less than 3 hours | Between 3-4 hours | Over 4 hours | Distance |
0 | €250 | €250 | All flights up to 1500 km |
0 | €400 | €400 | All flights between 1500 km and 3500 km |
0 | €400 | €400 | All intra-EU flights over 3500 km |
0 | €300 | €600 | All non-EU flights over 3500 km |
To increase your chances of receiving compensation, document all details of your diverted flight and keep all relevant boarding passes, receipts, and communication with the airline.
Which Flights Are Covered by EU261?
Certain coverage requirements set out in EU Regulation 261/2004 establish which aircraft are entitled to protection of air passenger rights and compensation for rerouting in the event of rerouting or other disruption. The regulation applies to:
- All flights leaving from an airport in the European Union, regardless of the nationality of the airline
- All flights arriving at an EU airport when operated by an EU-based carrier
- Flights operated by airlines based in Iceland, Norway, and Switzerland, which are treated the same as EU carriers under this regulation
For more details, see the table below:
Itinerary | EU air carrier | Non-EU air carrier |
From inside the EU to inside the EU | ✅ Covered | ✅ Covered |
From inside the EU to outside the EU | ✅ Covered | ✅ Covered |
From outside the EU to inside the EU | ✅ Covered | ❌ Not covered |
From outside the EU to outside the EU | ❌ Not covered | ❌ Not covered |
How to Claim Flight Delay Compensation
While claiming compensation for a diverted flight might seem straightforward, the process can become quite complex due to numerous requirements and the need for proper documentation. Passengers may find it difficult to navigate airline procedures, handle possible rejections, and comprehend legal deadlines. Our goal is to assist you in avoiding errors and to walk you through every stage of the procedure. Here’s what you need to do to begin:
- Fill Out the Claim Form. In order to ensure that we get all the necessary data to support your claim, our compensation claim form is made to be simple and user-friendly.You’ll need to provide – flight number and date, specific details about your diverted flight and the resulting delay, your contact information for updates on your case, any supporting documentation (boarding passes, communication from the airline, etc.)
- Get Expert Assistance. Immediately after submitting your form, one of our specialists will begin working on your case. Our team of professionals has extensive knowledge of EU legislation and passenger rights regulations. We handle all communication with the airline, removing the stress and time investment from your shoulders.
For more complex cases that require legal proceedings, we collaborate with experienced aviation attorneys who will manage all claim procedures against the airline, including necessary follow-ups and appeals, on your behalf.
Additionally, we work on a “No-win, no-fee” basis, which means you won’t have to pay anything unless your case is properly resolved and your flight diversion compensation is obtained. Our fee is only taken as a percentage of the awarded amount, so there’s no financial risk to you.
What Is Not Covered by EU 261?
It’s crucial to understand that EU Regulation 261/2004 does not entitle passengers to compensation when a flight diversion occurs due to extraordinary circumstances. Since the airline has no control over these circumstances or occurrences, it is not reasonable to hold the carrier accountable for the inconvenience.
Extraordinary circumstances that exempt airlines from paying diverted flight compensation include:
- Severe Weather conditions: Dangerous storms, heavy snowfall, fog, strong winds, or other unsafe meteorological conditions.
- Strikes: Industrial actions by airport staff, air traffic controllers, or security personnel disrupting operations.
- Bird Strikes: Collisions with birds during takeoff or landing that require inspections or repairs.
- Air Traffic Control Restrictions: Runway closures, airspace restrictions, or delays imposed by aviation authorities.
- Political and Civil Unrest: Wars, terrorist threats, political instability, civil disturbances, or travel restrictions.
- Security Threats: Bomb threats, security breaches, or heightened alerts necessitating immediate action.
Airlines are not obligated to provide financial compensation when these situations arise, even though they may be very upsetting for passengers. Nevertheless, even in extreme circumstances, travelers are still entitled to care (meals, accommodation if needed), rebooking, or reimbursement.
FAQ
Yes, you are entitled to compensation if your diverted flight causes a delay of more than 3 hours at your final destination, provided the diversion was due to circumstances within the airline’s control (not extraordinary circumstances) and your flight is covered by EU261 regulations.
You can claim financial diverted flight compensation ranging from €250 to €600 depending on your flight distance and delay length. Additionally, you’re entitled to care services (meals, drinks, accommodation if needed), transportation to your original destination airport, and the option of a full refund if you choose not to continue your journey.