For fixed compensation after a flight delay, arrival at the final destination is generally decisive. A late departure on its own does not determine the claim.
Legal conditions
Flymoney first checks territorial scope, the operating carrier and the difference between scheduled and actual arrival. Where the journey was booked as one connection, the final destination of the entire itinerary is assessed. An arrival delay of at least three hours may trigger compensation under the case law applying Article 7 of the Regulation.
Evidence for the specific flight
Keep the booking confirmation, boarding pass or other travel proof, flight number, travel date, scheduled arrival and actual arrival. Photos of airport displays, baggage belt times, airline messages and timestamps help where the carrier later disputes the arrival time.
Common airline defences
The carrier may invoke extraordinary circumstances. Labels such as weather, air traffic control or technical issue are not enough. The exact cause, its link to the claimed flight and all reasonable measures must be substantiated. A disruption on an earlier rotation matters only where it genuinely carried over.
Other rights beyond fixed compensation
In addition to 250, 400 or 600 euros, care rights may apply. Depending on distance and departure delay, they include meals, communications and, where necessary, hotel accommodation and transfers. After a departure delay of at least five hours, ticket reimbursement may be chosen where the journey no longer serves its purpose.
Next steps without losing evidence
Preserve all times and documents first. Ask the airline for a precise explanation and keep fixed compensation, care expenses and ticket reimbursement legally separate. Then start the structured claim assessment.
Detailed legal assessment
For Flight delay: compensation and additional rights, territorial scope, the responsible operating carrier, the timeline, the cause and the specific legal consequence must be established separately. An airline’s internal status code is not decisive; verifiable facts are. For fixed compensation, arrival at the final destination is generally decisive; departure delay alone does not answer the claim. The review must also distinguish fixed compensation, reimbursement, rerouting, care and proven additional loss.
Decision matrix for the claim review
This matrix prevents separate legal bases from being mixed together.
| Review question | Required evidence | Legal significance |
|---|---|---|
| Was arrival at least three hours late? | flight data and door-opening time | May trigger fixed compensation. |
| Is the route within territorial scope? | departure, destination and carrier data | Determines whether the Regulation applies. |
| Does the airline invoke extraordinary circumstances? | flight-specific cause and measures | May affect compensation but not automatically care. |
| Were necessary expenses incurred? | original receipts and explanation | May support a separate expense claim. |
Evidence checklist for the file
A robust file contains more than a booking confirmation. For Flight delay: compensation and additional rights, the following material should in particular be preserved:
- booking confirmation and complete itinerary
- boarding pass or other proof of timely presentation
- scheduled and actual door-opening time at final destination
- airline messages about cause and rerouting
- receipts for meals, hotel, transfer and replacement transport
Case law and practical significance
The judgment in Sturgeon, joined cases C-402/07 and C-432/07 is particularly relevant to this subject. The Court placed passengers reaching their final destination at least three hours late on the same compensation footing as passengers whose flights were cancelled. The judgment does not replace an individual review, but it identifies the legally decisive facts and prevents unsupported airline assertions from being accepted at face value.
Strategic order of assessment
A reliable assessment follows a fixed order:
- Record scheduled and actual arrival at the final destination, including door opening.
- Establish route, distance, single booking and the operating air carrier.
- Investigate the specific cause and its proven effect on this particular flight.
- Assess reasonable measures, replacement aircraft, rerouting and care separately.
- Quantify compensation, care expenses and any reimbursement with supporting evidence.
Related assessment routes
This assessment often connects with other subjects:
Check my delay compensation · Legal review and editorial responsibility
Frequently asked questions
From what moment is a flight delay measured legally?
For fixed compensation, delay on arrival at the final destination is normally decisive. Case law generally uses the moment when at least one aircraft door is opened and passengers are allowed to leave.
Is a three-hour departure delay enough on its own?
No. A long departure delay may trigger care, but fixed compensation requires the actual arrival delay at the final destination to be established.
How can I prove the actual arrival time?
Keep messages, photographs of displays, timestamps, baggage delivery times and, where appropriate, location data. Ask the airline for the precise door-opening time as well.
Can a delayed previous rotation exclude compensation?
Not by itself. The airline must prove the original disruption, its effect on your flight and all reasonable measures. A generic reference to a late inbound aircraft is insufficient.
Which rights exist in addition to €250, €400 or €600?
Depending on waiting time, meals, communications, hotel and transfers may be due. After at least five hours of departure delay, reimbursement may also matter if the journey has lost its purpose.