Travel
Delayed flight? It could soon be harder for you to claim compensation from airlines
Proposals to water down passenger flight delay compensation rules are being discussed in Brussels, risking Europe’s claim to having the most passenger-friendly skies in the world.
Air passengers in Europe enjoy some of the best consumer protections in the world. But the European Union is contemplating watering down these passenger-friendly measures, which could leave travellers out of pocket.
The current regulation, known as EU261, has been in place since 2005, providing passengers with compensation and support in the event their trip doesn’t go to plan. A revision to these rules has been debated since 2013, but has resurfaced this week as Brussels once again comes under pressure from airlines and lobbying groups.
It would mean the amount of time your flight needs to be delayed before compensation is paid could change.
Currently, passengers must arrive at their destination at least three hours late in order for EU261 to apply. A new proposal led by Poland, which currently holds the presidency of the Council of the European Union, could see this threshold raised to at least five hours.
“These changes would be hugely detrimental for consumers,” says Coby Benson, flight delay compensation solicitor at Bott & Co, noting that the current three-hour threshold incentivises airlines to run a punctual operation. “If the threshold was raised to five hours, airlines would face no penalty for those lengthy delays and therefore passenger inconvenience will increase.”
What is EU261 and how does it protect passengers?
Regulation (EC) No 261/2004, commonly referred to as EU261, is a European Union regulation that establishes the rights of air passengers in cases of flight delays, cancellations, and denied boarding. It ensures passengers are entitled to compensation, assistance, and reimbursement when their travel plans go wrong.
EU261 applies to any flight departing from an EU airport, regardless of the airline’s nationality, and flights arriving at EU airports if they’re operated by an EU airline. It does not cover flights heading to Europe on non-EU airlines, or non-European flights that have a layover in Europe.
The regulation covers all member states plus Iceland, Norway and Switzerland. The UK has adopted the same criteria for compensation, with the law referred to as UK261.
Currently, passengers are entitled to compensation if they are delayed for more than three hours, if the flight is cancelled within 14 days of departure, and if they were denied boarding because the flight was overbooked.
Compensation is not payable for ‘extraordinary circumstances,’ which include extreme weather, air traffic control restrictions, strikes not involving the airline’s staff, and political instability.
The amount of compensation you get will depend on the length of the delay and the distance of your flight. The maximum payable for any one claim is €600, which would involve a flight of more than 3,500 km and a delay of four hours plus.
“The importance of reliable and safe travel for consumers has been highlighted by the flight chaos of recent summers and the coronavirus pandemic,” Karolina Wojtal, head of the European Consumer Centre (ECC) in Germany, told Euronews Travel. “Far too often, passengers are faced with cancelled or delayed flights.”
According to data from flight compensation company Skycop, almost 2 per cent of departures from EU airports were either significantly delayed or cancelled in 2024. Between June and August, the busiest travel months, more than 60,000 flights were disrupted to the extent they were covered by EU261. Skycop estimates the total bill at €2 billion in passenger compensation.
What are the changes to flight compensation currently being considered?
The changes being debated now are the same ones proposed in 2013. These include introducing a structured compensation scheme for delays, moving from the current three-hour threshold to five hours for short-haul, nine hours for medium-haul and as long as 12 hours for the longest flights.
“Such a revision would significantly weaken passenger rights by raising the compensation thresholds,” says Reinhold Schranz, head of the European Consumer Centre in Austria. “This would lead to a situation where nearly 85 per cent of affected passengers would no longer be entitled to compensation—since most recorded delays fall between 2 and 4 hours.”
Airlines4Europe, an airline association representing 70 per cent of European air traffic, argues that extending the flight delay to five hours would actually result in more passengers getting to their destinations. They say it “would act as a strong incentive for airlines to solve any possible delays before reaching the threshold” and avoid a cancellation of the flight.
However, Schranz warns that passengers could face increased delays if the protections are weakened. “As compensation for cancellations remains due regardless of delay duration, airlines might be incentivised to delay flights rather than cancel them to avoid paying compensation,” he added.
Should airlines be paying passengers more compensation?
Despite the real term value of payouts changing due to inflation, the amounts paid under EU261 haven’t changed in two decades.
AirAdvisor, a flight compensation company, says reforms are needed to EU261 to maintain its value to consumers.
“EU261 compensation has been stagnant for two decades, and inflation has eroded its value,” says Anton Radchenko, CEO of AirAdvisor. “If EU regulators don’t adjust these rates, they will fail to incentivise airlines or provide meaningful compensation to passengers. Right now, passengers may not even bother claiming compensation for amounts as low as €250.”
Many airlines are completely opposed to EU261, particularly the low-cost and short-haul operators. With passengers paying as little as €20 for a flight on Ryanair, the airline can be left severely out of pocket if dozens of people claim compensation for a delay.
“We think the amounts are disproportionate,” Philip Meeson, CEO of Jet2, told the Independent. “We think it would be a great idea to review the rules and make them proportionate.”
The International Air Transport Association (IATA) has long demanded a review of the rules. “They are a mess,” says director general Willie Walsh. “They cost airlines €5 billion a year and do nothing to drive improvements in some of the worst-performing corners of the aviation system or improve the flying experience.”
For the ECC in Germany, the focus is on maintaining existing standards rather than increasing the amounts payable. Head Karolina Wotjal points out that time thresholds are crucial to triggering payment, and that if these were changed, even higher compensation amounts wouldn’t help the consumer as fewer people would be able to claim.
“Consumers see the existence of strong passenger rights as a success for the EU,” says Wotjal. “Reducing their rights at this political moment is not a good signal at all.”
When will passenger compensation for flight delays change?
With new proposals floated and in discussion, there is now a long road ahead to get any changes cemented into legislation. Conversations are likely to continue over the coming months, with outcomes going through the European Parliament and the Council, both of which would have to sign off on the final text.
When the UK ‘Brexited’ the EU, it had the option to stop following the directives of the Union. However, it adopted EU261 into UK law, and passengers from the UK are allowed the same protections for flights as their European counterparts.
Should the rule change in the EU, it wouldn’t naturally alter in the UK. However, as Benson notes, “it remains to be seen whether the UK government would look to follow suit and voluntarily seek to bring our law in line with Europe.”
For now, the three-hour rule remains in place, so travellers who are delayed can still seek compensation. But the outcome of discussions in Brussels could have far-reaching impacts on passenger rights in Europe.
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Interrail and Eurail passholders rejoice, as you can now skip the queues and reserve your seats on long- and medium-distance RENFE trains online.
Rail Europe, a European train booking platform, has expanded its offering to include trains operated by Spain’s state-owned railway, eliminating a major hurdle that has dogged rail passholders for years.
“The addition of RENFE’s passholder fares to our platform is a game-changer for travellers eager to explore Spain with ease,” says Jürgen Witte, Chief Product and Technology Officer of Rail Europe. “This enhancement ensures Interrail and Eurail Global Pass holders can navigate its world-class rail system seamlessly.”
With the new service, passholders can easily see if a seat reservation is required for their journey and what the associated costs will be.
From there, they can make their reservation online, eliminating the need for time-consuming in-person bookings where a lack of Spanish language skills is sometimes an issue.
What’s the problem with booking RENFE seats with a rail pass?
While many Interrail and Eurail trains don’t require seat reservations, Spanish high-speed trains – the Alta Velocidad Española (AVE) – do.
Although Interrail purports to allow bookings on some AVE trains via its self-service system, users report extensive issues in getting the platform to work. Some trains available on Interrail/Eurail are not bookable via the self-service system at all.
Previously, the only option to secure a seat reservation without buying a ticket on a RENFE high-speed train was to call the company. The traveller would then have to go to a RENFE station to pick up and pay for the reservation within 72 hours of booking, which is often not convenient.
“In Spain, almost all trains, apart from purely suburban ones, require a reservation, and RENFE’s own website doesn’t offer passholder reservations,” explains train travel expert Mark Smith, who runs the website The Man in Seat 61.
“Furthermore, Spanish trains can leave fully booked, so you ideally need to book ahead. This was a major issue for using an Interrail or Eurail pass in Spain.”
Smith warns that, particularly on peak travel days, such as Fridays and Saturdays in the summer months, queues can be atrocious. At major stations in Madrid and Barcelona, passengers can wait as long as one or two hours to be served.
The complexity has caused confusion and frustration among travellers. On the Eurail forum, one user said, “Not gonna jump through hoops to go to Spain. I’ll cancel the Spain leg and stay in France.”
How to book seat reservations with RENFE
To reserve a seat on a RENFE high-speed AVE train, simply head to the Rail Europe website.
Click ‘add rail pass’ below the journey planner and select the type and class of pass you hold. Then, you can search for a journey as normal, but you should only see the passholder reservation costs rather than the normal ticket costs.
Smith notes that the Rail Europe system defaults to a second-class reservation in the search results. Holders of first-class passes need to manually change the price drop-down if they want to reserve a first-class seat.
There are other options for booking seats on RENFE with a pass. These include using Dutch agency HappyRail, which has proven to be successful at booking seats on AVE trains, but charges a 3.5 per cent fee.
Interrail and Eurail reservation services have been available since 2023, but success is patchy. Smith notes that, when the systems do work, they allow booking in first or second class, but not in the ‘premium’ class that gets passholders Sala Club lounge access and a meal with wine included on AVE and Euromed trains.
Smith has long recommended Rail Europe as a booking service for Interrail and Eurail passholders, as it has more seat choices, more benefits for first-class passholders, and no booking fees.
“This is a big step forward,” says Smith, “and if one system won’t get you the reservation you want, try the other.”
Where can you travel with RENFE?
RENFE operates a comprehensive route network across Spain, with both its AVE (high-speed) and Larga Distancia (long-distance) trains. On the map below, the purple lines are AVE trains, and the grey lines are the slower long-distance routes.
As well as travelling within Spain, RENFE connects to several international destinations. These include Oporto in Portugal and several destinations in France.
From 23 April, RENFE will launch a new direct Seville-Barcelona train service, cutting out the transfer in Madrid and making it easier to get between the two popular cities.
Along the way, it stops in Córdoba, Puertollano, Ciudad Real, Madrid, Zaragoza, Lleida, Tarragona, and Girona, which are all attractive destinations to visit, too. The high-speed service takes around six hours and is set to make travel between the south and northeast of Spain a much more convenient option.
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Brits planning travel to Europe are being warned by an industry body not to fall for scams amid confusion over entry and exit rules.
With the UK’s Electronic Travel Authorisation (ETA)coming into force this week, scammers are busy taking advantage of the uncertainty. The Association of British Travel Agents (ABTA) has warned of fake websites offering a similar pass to British travellers heading into mainland Europe.
From 2 April, Europeans who don’t have a British passport are required to obtain an ETA to visit the UK. The Electronic Travel Information and Authorisation System (ETIAS) is a similar system that will affect UK travellers heading to Europe.
However, ETIAS is not due to launch for another 18 months, and there is presently no requirement for Brits to obtain any additional documentation to travel.
What authorisations are currently required for travel between the UK and the EU?
The UK’s ETA came into force for Europeans on 2 April, and means any EU passport holders will need to apply for and secure an ETA before visiting the UK.
The scheme has been live for visitors from non-European visa-free nationalities since January. However, its rollout has come with plenty of hiccups and confusion.
“If you have friends, family, or business associates visiting from abroad, they’ll need to check if they need to get an ETA,” says ABTA. “This is one of three changes coming up for travelling across borders between the EU and UK, but the only one to have gone live, meaning there is scope for confusion.”
There is an equivalent rule coming in for Brits traveling to Europe – the ETIAS. However, the ETIAS won’t be introduced until the new EU Entry/Exit system (EES) goes live.
The EES has been pushed back several times already, but is presently anticipated to launch in October 2025. It will be rolled out in stages, so not all changes will take effect immediately.
The ETIAS is expected to be introduced in 2026, and ABTA says likely not before the end of 2026. Even then, ETIAS is expected to be optional for at least six months. Right now, there is no additional documentation required for Brits to holiday in Europe.
“With three new changes coming in over the next couple of years, we’re keen that people understand what it means for them,” says Graeme Buck, director of communications at ABTA. “In short, the only thing to act on now is for European visitors to the UK to apply for an ETA. Nothing will be changing for UK travellers going to Europe this summer.”
How to apply for ETIAS when it comes into effect
ETIAS will be similar to the US ESTA scheme, where a simple online application grants permission to travel within the relevant area for a period of time.
For the EU scheme, the cost of an ETIAS is expected to be around €7 and will be valid for up to three years (or until the passport reaches three months to expiry). It will allow British visitors to stay in any EU country (or countries) for up to 90 days in any 180 day period.
According to the EU, third-country nationals, including the UK, will be granted a ‘grace period’ of six months on a one-time basis if they forget their ETIAS.
“Those coming to Europe for the first time since the end of the transitional period will be allowed to enter without an ETIAS provided they fulfil all remaining entry conditions,” the EU says.
ABTA warns that “people who try to apply for an ETIAS now may be at risk of fraud, with a loss of money and possibly personal data too.”
When the time does come, the only place to apply for an ETIAS will be on the official website. Any apps, websites, or social media posts suggesting there is an alternative route are impostors.
Travellers will need to submit personal information and passport data, as well as disclose any serious convictions in the past 20 years. They must state the reason for their travel and where they will be staying, as well as the Schengen Area country they will first be visiting.
The fee is payable for all applicants aged between 18 and 70. Those under 18 or over 70 will still need to apply for the document, but won’t be charged.
“With two further changes planned, the situation may not seem simple,” adds Buck. “As the changes affecting UK travellers start to come in towards the end of the year, ABTA and our members will be on hand to support travellers.”
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There’s good news if you are young and looking for a budget-friendly way to explore Europe this summer.
The EU is giving away almost 36,000 free rail passes to 18-year-olds under the DiscoverEU scheme.
Introduced by Interrail and the EU, the scheme aims to give young Europeans the opportunity to learn about their neighbouring countries and cultures.
Those eligible will be able to explore Europe’s heritage and history while meeting people from across the continent.
All you need to do is answer six questions.
DiscoverEU: How to apply for a free EU rail pass
To be in with a chance of winning a free rail pass, applicants must be born between 1 July 2006 and 30 June 2007.
The scheme is open to legal residents of the 27 EU member states or Overseas Countries. Residents of third countries associated with the Erasmus+ programme can also apply. These include Iceland, Liechtenstein, North Macedonia, Norway, Serbia and Türkiye.
If that’s you, the next stage is to head to the European Youth Portal to take an eligibility quiz.
You will have to answer five multiple-choice questions about the EU and one additional question. These cover general knowledge about the EU and its initiatives aimed at young people.
You will also be asked to give more information about your travel plans. This includes when you plan to travel, whether it will be the first time you have travelled alone without your parents, what you would like to learn from the experience and how you will finance your trip.
This information will not have any impact on the selection process.
The Commission will rank applicants based on their EU quiz responses and will offer travel passes following their ranking up to the limit of available tickets.
Applications are open from 2 April to 16 April 2025.
You cannot apply if you have previously been given a DiscoverEU pass.
How will the free rail pass scheme work?
Those who prove successful will get a free rail pass to travel in Europe for up to 30 days between 1 July 2025 and 30 September 2026.
At the application stage, you can choose to either travel alone or with a group of up to five friends. If you choose to travel as a group, you can share your application code with your friends to allow their registration.
Only the group leader has to answer the EU quiz questions; group members just need to supply personal data to complete the application and fulfil the age and residency criteria.
The travel pass can be used in your residency country only for one outbound and one inbound journey. It must include travel to at least one other country eligible under the scheme.
The overall journey can last from one day up to a maximum of one month, including up to seven travel days.
Participants will generally be eligible for a pass worth up to €283.26 in second or economy class. The amount may be raised for applicants travelling from remote or overseas regions.
In some cases, coach and ferry passes will be included too. To ensure young people living in remote areas or on islands are not excluded, flights may also be awarded in exceptional cases. Preference will always be given to the most sustainable option.
If you’re one of the lucky awardees, you will also be given a European Youth Card (EYCA) valid for one year. This grants discounts for cultural visits and activities, learning, nature, sports, local transportation, accommodation, food and more across the EU.
How will applicants for the free rail pass be selected?
Applicants will be selected up to the available budget and ranked following the correctness of their replies.
There is a quota of travel passes set for each country. If a country has fewer applications than the quota, the remaining passes will be distributed to countries with a higher number of applications.
If there are too many eligible applicants, a ‘first come, first served’ principle will apply – meaning earlier applications could be favoured as a last resort.
Special support is available for participants with disabilities or health conditions.
Successful applicants will be notified by email after the selection period has ended in May.
They will then be connected with an EU contractor who will take care of the travel bookings and payments.
Passes purchased directly by the selected applicants will not be reimbursed.
Is anything expected in return for the free rail passes?
When you apply for a free pass, you are invited to become a ‘DiscoverEU Ambassador’. This means you are encouraged to report back on your travel experiences through social media or school and community presentations.
The scheme’s app will allow you to create a customised map of your itinerary with statistics on the number of trains taken, number of countries visited and CO2 savings, which can be shared on social media.
Young travellers will also need to report back in an online survey after taking part in the scheme.
On its completion, travellers will receive a certificate of participation highlighting competencies and skills gained from their travel experience.
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