Flight Delay vs Cancellation: Different Rights Under EU261
Delays and cancellations both trigger EU261 rights — but not the same rights. A 3-hour delay earns flat-rate compensation; a cancellation also gives you a choice between re-routing and a full refund. Understanding the difference can significantly change your claim strategy.
Quick answer
Both delay (3+ hours) and cancellation trigger €250/€400/€600 compensation. Cancellations additionally give you re-routing or full refund rights immediately. Delays only trigger refund rights at 5+ hours if you choose not to travel.
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Rights Comparison: Delay vs Cancellation
| Right | Delay (3h+) | Cancellation |
|---|---|---|
| Flat-rate compensation (€250/€400/€600) | Yes — if 3+ hour arrival delay | Yes — unless notified 14+ days in advance |
| Right to full ticket refund | Only if delay reaches 5+ hours and you choose not to travel | Yes — always available as alternative to re-routing |
| Right to re-routing at earliest opportunity | No automatic right during delay | Yes — airline must offer re-routing to final destination |
| Care rights (meals, hotel) | Yes — from 2h short-haul / 3h medium / 4h long-haul | Yes — same thresholds once notified |
| Extraordinary circumstances defence | Yes — applies to compensation only; care rights remain | Yes — applies to compensation; re-routing/refund rights remain |
Delay Rights in Detail
For a delayed flight (flight eventually operates):
- 2 hours+: Care rights begin — meals, refreshments, free communication
- 3 hours+: Flat-rate compensation kicks in (€250/€400/€600 depending on distance), provided no extraordinary circumstances
- 5 hours+: Right to abandon the journey and claim a full ticket refund, plus return flight if already at an intermediate point
Cancellation Rights in Detail
For a cancelled flight:
- Immediately: Choice between (a) full refund of unused ticket + return if needed, or (b) re-routing to final destination at earliest opportunity, or (c) re-routing at a later date of your convenience
- Flat-rate compensation: Owed unless you were notified 14+ days before departure, or the airline can prove extraordinary circumstances
- Care rights: Meals, hotel and transfers while waiting for re-routing
The Sturgeon Rule: When Delay Equals Cancellation
The CJEU's Sturgeon ruling (C-402/07) established that a delay of 3+ hours at the final destination is equivalent to a cancellation for the purpose of flat-rate compensation. Before this ruling, passengers on delayed flights received no compensation — only cancelled passengers did.
This is why the compensation amounts are now identical for both delays and cancellations. The flight's operational status (delayed vs cancelled) matters mainly for whether you have immediate refund/re-routing rights.
Frequently Asked Questions
What is the difference between a delay and a cancellation for EU261 purposes?
A delay means the flight eventually operates but arrives late. A cancellation means the flight does not operate at all. The CJEU ruled in Sturgeon (C-402/07) that a delay of 3 or more hours at arrival is equivalent to a cancellation for compensation purposes — so both trigger the same flat-rate compensation. But the refund and re-routing rights (Article 8) only automatically apply to cancellations, not delays (unless the delay exceeds 5 hours).
My flight was 4 hours delayed — can I get a refund?
Only if the delay reaches 5 hours or more and you decide not to travel. At 5+ hours you can choose to abandon the journey and claim a full refund under Article 8. For a 4-hour delay, you are entitled to compensation (€250/€400/€600) and care rights, but not an automatic refund — the flight is still expected to operate.
The airline cancelled my flight with 10 days notice — what are my rights?
With less than 14 days notice, you are entitled to: (1) flat-rate compensation (€250/€400/€600) unless the airline offers an alternative flight that arrives close to the original schedule; (2) the choice between re-routing to your destination at the earliest opportunity or a full refund; and (3) care rights if you need to wait at the airport.
I was moved to a much later flight — is that a cancellation or a delay?
If the airline moved you to a different flight number on the same or a later date, it is treated as a cancellation of your original flight. You have the right to compensation based on the actual arrival time of the replacement flight versus the original scheduled arrival.
Can I get both re-routing and compensation?
Yes. These are separate rights. If your flight is cancelled, you can accept re-routing to your destination (Article 8) and still claim flat-rate compensation (Article 7) if the delay to your final arrival is 3+ hours. The airline must provide both.
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