EU261 Rights Independent

Current position

Your rights have not changed. The June 2026 reform keeps the three-hour threshold and the €250–€600 amounts. It is not yet in force. What was agreed →

Checked 27 Jul 2026

Reference · verified 27 Jul 2026

Regulation 261/2004, in plain English

Nineteen articles, one screen each. The full legal wording is on EUR-Lex and legislation.gov.uk — what follows is what each one actually means for you, with nothing added and nothing that matters left out.

Article 1

What the law is for

Sets out that the Regulation gives you minimum rights when you are bumped, cancelled or badly delayed. “Minimum” matters: an airline can offer more, never less.

Article 2

The definitions

Defines the words the rest of the law leans on — “cancellation,” “final destination,” “operating carrier.” The operating carrier is the airline that actually flew (or should have flown) the plane, and it is the one that owes you, even if you booked through someone else.

Article 3

Who is covered

You are covered if you departed an EU, EEA or Swiss airport on any airline, or if you arrived there on an EU, EEA, Swiss or UK airline. You must have a confirmed booking and have checked in on time. Free or heavily reduced staff tickets are excluded.

Article 4

Denied boarding

If the airline bumps you against your will — usually overbooking — it must first ask for volunteers, then give bumped passengers compensation, a refund or re-routing, and care. Being bumped is one of the clearest routes to a payout.

Article 5

Cancellation

Your rights when a flight is cancelled: a refund or re-routing, care while you wait, and compensation — unless the airline gave 14 days’ notice, or can prove extraordinary circumstances. Article 5(3) is the escape hatch airlines reach for most.

Article 6

Delay

Sets the care thresholds for delay — meals after two to four hours depending on distance, a hotel if you are kept overnight. The three-hour compensation right is not written here; the Court read it in through Sturgeon.

Article 7

The compensation amounts

The heart of it. €250, €400 or €600 by distance (£220 / £350 / £520 under UK261). Article 7(2) lets the airline halve the figure where it got you there within a set window — for long-haul, within four hours. Fixed sums, no argument about your fare.

Article 8

Refund or re-routing

When things go wrong you choose: your money back within seven days, or a new flight to your destination at the earliest opportunity. The choice is yours, not the airline’s, and a voucher is not a refund unless you accept one.

Article 9

Care — meals, calls, hotels

The right to be looked after while you wait: food and drink, two phone calls or emails, and a hotel plus transport if you are stranded overnight. This is owed on top of compensation and it is not capped — the McDonagh case confirmed airlines cannot put a ceiling on it.

Article 10

Downgrades and upgrades

If they move you to a lower class, you get a percentage of the ticket back — 30%, 50% or 75% by distance. They cannot charge you extra for an upgrade they chose to give.

Article 11

Passengers with reduced mobility

Priority for care and re-routing for disabled passengers, those with reduced mobility, and anyone travelling with them.

Article 12

Further compensation

The fixed sums do not stop you claiming other proven losses through the courts — but the airline can deduct the 261 payment from any further award.

Article 13

The airline’s right to chase others

Lets the airline recover its costs from whoever actually caused the problem — a tour operator, another carrier. Their problem, not yours; it never reduces what you are owed.

Article 14

The airline must tell you your rights

At the airport, a visible notice: “if denied boarding or if your flight is cancelled or delayed at least two hours, ask for the text stating your rights.” Most airlines do this poorly, and their failure to inform you can help your case.

Article 15

No contracting out

An airline cannot sign away or limit these rights in its terms and conditions. A clause that tries to is void. This is why “our policy is…” is never the last word.

Article 16

Enforcement

Each country names a body to enforce the Regulation, and you can complain to it. These are the national enforcement bodies — the free escalation route when an airline refuses.

Article 17–19

The administrative tail

Reporting, review and entry into force. Little day-to-day relevance to a claim.

Questions

Is EU261 the same as EC261 and Regulation 261/2004?

Yes. They are three names for the same law — Regulation (EC) No 261/2004. “UK261” is the near-identical version the UK kept after leaving the EU.

Which article gives me the money?

Article 7. It sets the fixed amounts by distance. Article 8 covers your refund or re-routing, and Article 9 covers meals and hotels — those are separate rights you can hold at the same time.