The flight delayed by 4 hours: the written walkthrough

Myth · A delay is not a cancellation: as long as the flight goes, I am owed nothing.

The myth: “a delay is not a cancellation, so nothing is owed” Delay has an article of its own, and the official EU page sums it up in one sentence. Care while you wait, reimbursement above a certain threshold, and a return flight: everything depends on the length of the delay and the distance, never on whether the aircraft eventually leaves.

“If your flight is delayed at departure, you have the right to assistance, to reimbursement and a return flight, depending on the duration of the delay and the distance of the flight.”

In plain words: a delay opens three things, not zero. What varies is the threshold at which each one starts.

Myth · Five hours late and my ticket is worthless: I buy another one and move on.

The myth: “past a certain delay, the ticket is lost” Exactly the opposite: that is the moment reimbursement opens. The text even fixes the payment deadline, seven days, and the reference price, the one the ticket was bought at. Buying again without claiming means paying twice and giving up once.

“Where reference is made to this Article, passengers shall be offered the choice between: […] reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made”

In plain words: reimbursement is paid within seven days, at the price you paid, for the part of the journey you did not make. Your ticket does not evaporate, it becomes a debt owed to you.

Myth · Five hours of waiting, so the hotel is on them: I ask for a room.

The myth: “long wait, therefore hotel” The hotel is not indexed to how long you wait: it starts when the new departure falls at least on the NEXT day. Your flight leaves the same day, late, but the same day. Meals, drinks, calls: yes. A room: no, not in this configuration.

“(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c)”

In plain words: the hotel and the transport to it arrive when departure slips to the next day. Knowing the limit of a right is what makes the rest of the claim credible.

Myth · Nothing: it is the DEPARTURE delay that counts, and the flight did leave in the end.

The most profitable myth for airlines: “only departure counts” The time that triggers compensation is the time you ARRIVE at your final destination. And that right is not read in the Regulation alone: the Court of Justice ruled it, in the Sturgeon judgment (Joined Cases C-402/07 and C-432/07), confirmed by the Grand Chamber in the Nelson judgment (C-581/10 and C-629/10). Three hours or more lost at arrival, and the delay counts as a cancellation for compensation. If the airline replies that Article 7 says nothing about delays, this judgment is what you put on the table.

“passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier.”

In plain words: you count at arrival, not at departure. Three hours lost or more, and the compensation for cancellation applies to the delay. The Court said it in 2009, then confirmed it in Grand Chamber in 2012: settled case-law.

Myth · I work it out pro rata: four hours late is worth more than three hours.

The myth: “the longer I wait, the more I get” Compensation is a FLAT amount. The article knows one variable only, distance, and it lists three sums, not a formula. Three hours and one minute or eleven hours late give the same amount in the same distance bracket. Claiming a number that does not exist in the text is handing over a reason to refuse.

“passengers shall receive compensation amounting to: (a) EUR 250 for all flights of 1500 kilometres or less; (b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; (c) EUR 600 for all flights not falling under (a) or (b).”

In plain words: the text fixes sums, not an hourly rate. One more hour does not change the amount.

Myth · Their general conditions exclude delays of under six hours. I signed, so I accepted.

The myth that does the most damage: “it is in the general conditions” A whole article of the Regulation exists for this, and it leaves no room. Obligations towards passengers may not be limited or waived by a clause in the contract of carriage. A clause that contradicts the Regulation is not an obstacle: it is an admission.

“Obligations vis-à-vis passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage.”

In plain words: no clause in their contract can erase what the Regulation gives you. Having accepted the conditions changes nothing.

Myth · Customer service has ruled: the file is closed, there is nobody else to talk to.

The myth: “after the airline, there is nothing” The Regulation expressly provides for the next floor up. Every Member State designates a body, and any passenger may complain to it about an infringement at an airport on its territory. A refusal is not the end of a file: it is the moment you change who you are talking to.

“Without prejudice to Article 12, each passenger may complain to any body designated under paragraph 1, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation at any airport situated on the territory of a Member State […]”

In plain words: after the airline there is an authority, provided for by the text itself, and you can go to it yourself.

Myth · I save time: I write straight to the national authority, skipping the airline.

The myth: “might as well aim straight for the top” The official page is categorical on this point, and it is the one step that cannot be skipped. The complaint goes to the airline first. This is not administrative politeness: it is what makes your file admissible on the floor above.

“However you should always send your complaint to the airline first.”

In plain words: the airline first, no exceptions. Keep the date you sent it: that is what starts the two months running.

Myth · I add the connection I missed last year because of the security queue.

The myth: “every delay can be claimed” The official page names two cases that open no compensation, and the security queue is one of them. Knowing the limit of your right beats discovering it in a refusal letter: a clean file contains only what is owed.

“You are not entitled to compensation if you miss connecting flights due to delays at security checks or if you did not respect the boarding time of your flight at the airport of transfer.”

In plain words: the security queue and a missed boarding time stay on you. The rest of the delay does not.