Airlines, travel agents, and even well-meaning friends spread misinformation about EU flight compensation that costs passengers millions of euros annually. From “cheap tickets don’t qualify” to “technical problems aren’t covered.” These persistent myths prevent rightful compensation claims. Here’s the definitive fact-check of the most common EU261 misconceptions and the truth that could put hundreds of euros back in your pocket.
Misinformation about EU261 compensation isn’t accidental, it often serves airlines’ interests by discouraging valid claims. Meanwhile, outdated information, partial understanding, and genuine confusion create a maze of myths that even experienced travelers believe. Separating fact from fiction is essential for protecting your passenger rights and maximizing compensation opportunities.
Myth #1: “You Can’t Claim Compensation for Cheap Flights”
THE MYTH: Discount airline tickets, promotional fares, and budget carrier flights aren’t covered by EU261 compensation rules.
THE TRUTH: Ticket price is completely irrelevant to EU261 compensation. Your rights depend solely on delay duration, flight distance, and whether extraordinary circumstances apply.
Why This Myth Persists
Airlines promote it because passengers assume their €29 FlyCheapAir ticket doesn’t deserve €250 compensation.
Travel agents perpetuate it by suggesting expensive tickets have “better protection.”
Passengers believe it because they believe €250 compensation seems disproportionate to a cheap ticket cost.
The Legal Reality
EU261 Article 7 sets fixed compensation amounts based on flight distance:
– Up to 1,500km: €250 per passenger
– 1,500-3,500km: €400 per passenger
– Over 3,500km: €600 per passenger
No mention of ticket price exists anywhere in the regulation.
Real Examples
€19 FlyCheapAir ticket (London to Dublin, delayed 4 hours): €250 compensation
€2,500 business class ticket (Paris to New York, delayed 4 hours): €600 compensation
Free award ticket using miles (Frankfurt to Rome, delayed 4 hours): €400 compensation
The compensation is the same regardless of what you paid.
How Airlines Exploit This Myth
Customer Service Scripts: “Sir, you only paid €35 for this ticket, so compensation doesn’t really apply…”
Counter-Response: “EU Regulation 261/2004 Article 7 sets compensation based on flight distance and delay duration, not ticket price. Please process my €250 claim immediately.”
THE MYTH: EU261 compensation requires travel insurance coverage or purchased “flight protection” plans.
THE TRUTH: EU261 compensation is an automatic legal right requiring no insurance, additional purchases, or special coverage.
Why This Confusion Exists
Insurance companies sell “flight delay coverage” that duplicates EU261 rights (where the delays fall within the scope of EU261)
Travel booking sites promote “protection plans” which may not be necessary for incidents that duplicate EU261 rights.
Airlines suggest their own insurance products for “better coverage” which could cover your normal protections under EU261.
EU261 vs. Travel Insurance
| EU261 Rights | VS | Travel Insurance |
| Free automatic protection | vs | Requires premium payment |
| Fixed compensation amounts | vs | Variable coverage limits |
| No claim forms required | vs | Extensive paperwork |
| Covers all passengers | vs | Only policyholders |
| No deductibles | vs | Often includes deductibles |
When Travel Insurance Adds Value
Beyond EU261 scope:
– Trip cancellation due to personal reasons
– Medical expenses abroad
– Baggage loss/theft
– Travel delays from non-EU261 causes
Supplementing EU261:
– Covering accommodation costs beyond airline minimums
– Replacing meals beyond basic provisions
– Additional ground transport costs
But never required for basic EU261 compensation rights.
Myth #2: “Technical Problems Aren’t Covered”
THE MYTH: Aircraft technical issues are “extraordinary circumstances” that excuse airlines from paying compensation.
THE TRUTH: Routine technical problems are fully compensable under EU261. Only hidden manufacturing defects unknown to the airline might qualify as extraordinary circumstances.
The European Court Precedent
Wallentin-Hermann v. Alitalia (Case C-549/07):
The European Court of Justice ruled that technical problems are part of normal airline operations and do not constitute extraordinary circumstances.
What Airlines Don’t Want You to Know
Maintenance is airline responsibility: EU261 expects airlines to maintain aircraft in airworthy condition through proper scheduling and preventive maintenance.
Technical problems are predictable: Airlines operate hundreds of flights daily knowing that technical issues will occur, they must plan accordingly.
Spare aircraft should be available: Proper airline management includes backup aircraft for technical substitutions.
Compensable Technical Problems
– Engine problems requiring maintenance or replacement
– Hydraulic system failures
– Landing gear malfunctions
– Computer system glitches
– Air conditioning failures
– Navigation equipment issues
– Any routine mechanical problem
The Narrow “Hidden Defect” Exception
Only undetectable manufacturing defects discovered after aircraft delivery might qualify as extraordinary circumstances:
– Design flaws unknown during certification
– Material defects undetectable during normal inspection
– Component failures from hidden manufacturing errors
Airlines must prove:
1. The defect was truly hidden and undetectable
2. All proper maintenance was performed
3. The specific defect couldn’t have been prevented
Fighting Technical Problem Denials
Template Response:
“Technical problems do not qualify as extraordinary circumstances under EU Regulation 261/2004 and European Court of Justice Case C-549/07 Wallentin-Hermann. Unless you can provide evidence of a hidden manufacturing defect undetectable during normal maintenance, compensation remains due. Please process payment immediately.”
Myth #3: “Delays Under 3 Hours Don’t Matter”
THE MYTH: You can’t claim anything unless your flight is delayed at least 3 hours.
THE TRUTH: Multiple compensation types exist beyond the headline €250- €600 amounts. Shorter delays trigger care and assistance rights, while cancellations have different rules than delays.
Care and Assistance Rights (All Delays)
Regardless of delay duration or cause, airlines must provide:
After 2 Hours (flights up to 1,500km):
– Meals and refreshments
– Two free communications (calls, emails, texts)
– Hotel accommodation if overnight delay required
– Ground transport to/from accommodation
After 3 Hours (flights 1,500-3,500km):
– Same care provisions as above
– Additional meal service for extended delays
After 4 Hours (flights over 3,500km):
– Enhanced meal and refreshment service
– Premium accommodation if overnight delay
Short Delay Scenarios That Trigger Compensation
Flight Cancellations:
– Less than 14 days notice: Full €250 – €600 compensation
– Less than 7 days notice: Compensation even with rebooking
– Same-day cancellation: Always compensable unless extraordinary circumstances
Denied Boarding:
– Immediate €250 – €600 compensation regardless of delay
– Plus rebooking or refund options
– Plus care and assistance
Schedule Changes:
– Departure moved earlier by 1+ hours: May trigger compensation
– Arrival delay over 3 hours due to schedule change: Compensable
The “Cumulative Rights” Principle
You can claim multiple types of compensation simultaneously:
– €400 flight delay compensation
– €150 meal and hotel reimbursement
– €75 additional ground transport costs
Total: €625 for what started as airline operational problems
Myth #4: “You Need Travel Insurance to Claim”
THE MYTH: EU261 compensation requires travel insurance coverage or purchased “flight protection” plans.
THE TRUTH: EU261 compensation is automatic legal right requiring no insurance, additional purchases, or special coverage.
Why This Confusion Exists
Insurance companies sell “flight delay coverage” that duplicates EU261 rights
Travel booking sites promote “protection plans” as if they’re necessary
Airlines suggest their own insurance products for “better coverage”
EU261 vs. Travel Insurance
| EU261 Rights vs Travel Insurance |
| Free automatic protection vs Requires premium payment |
| Fixed compensation amounts vs Variable coverage limits |
| No claim forms required vs Extensive paperwork |
| Covers all passengers vs Only policyholders |
| No deductibles vs Often includes deductibles |
When Travel Insurance Adds Value
Beyond EU261 scope:
– Trip cancellation due to personal reasons
– Medical expenses abroad
– Baggage loss/theft
– Travel delays from non-flight causes
Supplementing EU261:
– Covering accommodation costs beyond airline minimums
– Replacing meals beyond basic provisions
– Additional ground transport costs
But never required for basic EU261 compensation rights.
Myth #5: “Only EU Citizens Get EU261 Protection”
THE MYTH: You must be a European Union citizen to claim flight compensation under EU261.
THE TRUTH: Nationality is irrelevant. EU261 applies to all passengers on covered flights regardless of citizenship, residence, or passport.
The Geographic Test (Not Nationality Test)
EU261 covers flights that:
– Depart from EU/EEA airports (any airline, any passenger nationality)
– Arrive at EU/EEA airports on EU-licensed airlines (any passenger nationality)
Examples Proving the Point
American tourist on German Airways Frankfurt-Bangkok (delayed 5 hours): €600 compensation
Japanese businessperson on Britland Airlines London-Tokyo (cancelled): €600 compensation
Brazilian student on FlyCheapAir Madrid-Paris (delayed 4 hours): €250 compensation
Chinese family on AirFly Beijing-Paris (delayed 6 hours): €600 each
None required EU citizenship, all should receive full compensation.
How Airlines Exploit Nationality Confusion
Customer Service Scripts: “This regulation only applies to European passengers…”
Counter-Response: “EU Regulation 261/2004 applies to all passengers on covered flights regardless of nationality. Please process my claim based on flight geography, not my passport.”
Myth #6: “Business Class Gets Better Compensation”
THE MYTH: Premium cabin passengers receive higher EU261 compensation amounts than economy travelers.
THE TRUTH: All passengers receive identical compensation based solely on flight distance and delay duration, regardless of cabin class or ticket price.
Why People Believe This
– Airlines provide better service to premium passengers during delays
– Premium tickets cost more so compensation seems like it should be proportional
– Travel insurance often has different coverage levels by cabin class
The Reality: Equal Treatment Under Law
€600 long-haul flight compensation applies equally to:
– Economy passenger who paid €300 for their ticket
– Business class passenger who paid €3,000 for their ticket
– First class passenger who paid €8,000 for their ticket
Everyone gets €600, no more, no less through EU261.
The Service vs. Compensation Distinction
Premium passengers DO receive:
– Better airport lounge access during delays
– Superior meal options when provided
– More comfortable seating during extended waits
– Dedicated customer service lines and queues in airports
Compensation amounts remain identical across all cabin classes.
Myth #7: “You Can’t Claim for Old Flights”
THE MYTH: EU261 compensation must be claimed immediately after delays, or you lose your rights.
THE TRUTH: Time limits vary dramatically by country – from 1 year to unlimited, giving passengers years to claim rightful compensation. Check with local authorities.
Some Examples of Country-Specific Time Limits (SEP 2025)
| No limitation – Malta |
| 10 years – Luxembourg, Sweden |
| 6 years – UK, Ireland, Cyprus |
| 5 years – France, Spain, Greece, Belgium |
| 3 years – Germany, Austria, Portugal, Denmark |
| 2 years – Netherlands, Italy |
| 1 year – Poland, Belgium (some cases) |
Strategic Implications
For multi-jurisdiction cases: File in countries with longer limitation periods
For valuable claims: Even old delays can be worth pursuing in favorable jurisdictions
For pattern delays: Multiple flights over years can add up to substantial compensation
Success Stories from Old Claims
“We claimed compensation for three delayed German Airlines flights from 2021-2023. Total recovery: €1,800 for our family. We had no idea we could still claim until we learned about Germany’s 3-year rule.” – Robert K., Berlin
Myth #8: “Airlines Always Know Best About Extraordinary Circumstances”
THE MYTH: When airlines claim “extraordinary circumstances,” passengers should accept this explanation without question.
THE TRUTH: Airlines routinely misapply extraordinary circumstances to avoid compensation, and passengers have the right to demand specific evidence.
The Legal Standard Airlines Must Meet
Article 5(3) of EU261 requires extraordinary circumstances to be:
1. Inherently unpredictable
2. Outside airline control
3. Unavoidable even with all reasonable measures
All three criteria must be met simultaneously.
Common Airline Misrepresentations
– “Crew shortage due to sickness” (predictable workforce management issue)
– “Technical problem with aircraft” (routine maintenance responsibility)
– “Late incoming aircraft” (scheduling and fleet management issue)
– “Ground handling delays” (often airline-contracted services)
– “Security delays” (unless specific threat to that flight)
Demanding Evidence
Template Challenge:
“I dispute your extraordinary circumstances claim. Please provide specific documentation proving this event was unforeseeable, outside your control, and unavoidable even with reasonable measures. General statements are insufficient under EU261 Article 5(3).”
Myth #9: “Claim Companies Are Scams”
THE MYTH: All flight compensation claim services are fraudulent operations taking advantage of confused passengers.
THE TRUTH: Legitimate claim companies provide valuable service for complex cases, though passengers should understand fee structures and success rates and consider a DIY approach initially.
When Professional Services Add Value
– Complex multi-airline itineraries requiring legal analysis
– Denied claims needing appeal expertise
– Foreign language barriers with international airlines
– Legal escalation requiring court representation
– Time constraints preventing personal claim management
Red Flags vs. Legitimate Services
Warning Signs:
– Upfront fees before claim success
– Pressure to sign immediately
– Promises of guaranteed outcomes
– No clear fee structure
– Unregulated business operations
Legitimate Indicators:
– No-win, no-fee structure
– Clear percentage fees (typically 25-35%)
– Transparent success rates
– Professional legal credentials
– Regulated by financial authorities
The DIY vs. Professional Decision
Consider DIY through euflightclaims.com for:
– Straightforward delays with clear documentation
– Single airline, simple route claims
– Recent flights with fresh evidence
– Lower-value short-haul compensation
Consider professionals for:
– Complex international connections
– High-value long-haul claims
– Repeated airline denials
– Legal expertise requirements
Myth #10: “EU261 Is Changing So Claims Won’t Work”
THE MYTH: Proposed changes to EU261 mean current compensation rules don’t apply or will be invalidated.
THE TRUTH: Current EU261 rules remain fully in effect until new regulations are formally adopted, which requires European Parliament approval and hasn’t occurred.
The Proposed Changes Reality
– Still require European Parliament approval (not yet obtained)
– Face strong passenger rights opposition from consumer groups
– Would apply only to future flights after implementation
– Don’t affect existing or current claims** under current rules
Current Rules Still Apply
Until formally changed:
– 3-hour delay threshold remains
– €250 – €600 compensation amounts unchanged
– Extraordinary circumstances definitions unchanged
– All current passenger rights fully enforceable
Don’t Wait for Regulatory Changes
– File current claims now under existing favorable rules
– Future changes won’t help with past delays
– Airlines may become more resistant as changes approach
– Current rules are passenger-friendly compared to proposed alternatives
Your Action Plan: Using Truth Instead of Myths
Before Travel
1. Understand your actual rights based on flight geography, not myths
2. Don’t buy unnecessary insurance that duplicates EU261 coverage
3. Know that all tickets have equal compensation regardless of price
4. Remember citizenship doesn’t matter, only flight routes
During Delays
1. Document everything regardless of airline explanations
2. Demand specific evidence for extraordinary circumstances claims
3. Assert care and assistance rights immediately
4. Don’t accept airline myths as fact
After Travel
1. File claims for all qualifying delays regardless of ticket price or cabin class
2. Challenge technical problem excuses with legal precedents
3. Check time limits in favorable jurisdictions
4. Consider professional help for complex cases, not simple ones
The Bottom Line: Knowledge Is Your Best Protection
Airlines count on passenger ignorance of EU261 rights to avoid billions in legitimate compensation. These myths aren’t accidents, they serve airline interests by discouraging valid claims and confusing passenger rights.
The truth is simpler than the myths:
– All passengers have equal rights regardless of citizenship or ticket price
– Technical problems and crew issues are usually compensable
– Time limits give you years to claim, not days
– Professional help has its place but isn’t required for straightforward cases
Don’t let airline-friendly myths cost you hundreds of euros in rightful compensation. Know your real rights, challenge airline excuses with facts, and claim what European law guarantees you.
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Tired of airline myths and misinformation? euflightclaim.com provides you direct and free links to airline passenger compensation claim forms.
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