What Changed in February 2026
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As of 7 February 2026, new procedural rules have come into effect across the EU affecting how passengers can claim compensation for cancelled or delayed flights. These changes are most pronounced in countries like France and Germany, but they affect EU-wide claims processes to varying degrees.
The main changes:
- Mandatory mediation before taking court action
- Procedural costs that can reach €50–150 for passengers acting alone
- Longer processing times for individual claims filed without professional assistance
These changes do not affect your fundamental rights — EU Regulation EC 261/2004 remains fully in force. But they make the claims process more complicated and time-consuming for passengers who try to navigate it on their own.
What Mandatory Mediation Means in Practice
Before this reform, a passenger who was rejected by their airline could go directly to court or a national enforcement body. Now, in many EU jurisdictions, there is an additional required step.
Here is how the new process typically works:
- You send your claim to the airline
- The airline has up to 2 months to respond
- If they reject your claim or don't respond, you must go through an approved mediator
- Mediation can take an additional 3 to 6 months
- Only after mediation fails can you take the matter to court
Result: a process that used to take 3–4 months can now stretch to 8–12 months for a passenger handling it alone. Airlines know this — and some deliberately drag out responses to exhaust passengers.
How Much Compensation Can You Receive?
EC 261/2004 sets out clear, fixed compensation amounts:
| Flight distance | Compensation |
|---|---|
| Under 1,500 km | €250 |
| 1,500 to 3,500 km | €400 |
| Over 3,500 km | €600 |
These amounts are defined by EU law — the airline must pay them regardless of how much your ticket cost. A €40 budget airline ticket gives you exactly the same right to €250 as a business class fare of €1,000.
Cancellation, Delay, Overbooking — Which Rule Applies?
Flight cancelled with less than 14 days' notice: You are entitled to EC 261/2004 compensation and a full refund of your ticket or rerouting to your destination at the earliest opportunity.
Flight delayed by 3 hours or more at arrival: The same compensation amounts apply as for a cancellation, based on the flight distance.
Overbooking (denied boarding): Immediate compensation is owed plus care obligations — meals, hotel if needed, transport.
In all cases, the airline must also provide:
- Meals and refreshments proportionate to the waiting time
- Two free phone calls, emails, or faxes
- Hotel accommodation if an overnight stay becomes necessary
- Transport between the airport and the hotel
The 5 Reasons Airlines Reject Claims — and Why They're Usually Wrong
Airlines have well-practised strategies for refusing compensation:
"Extraordinary circumstances" — the most common excuse. But note: a technical fault with the aircraft is not an extraordinary circumstance under EU case law. Only genuinely unforeseeable external events (a major weather event, an air traffic control strike, an airport security incident) can qualify.
Excessive response delays — they hope you give up. Many passengers abandon claims when they don't hear back after weeks or months.
Offering a voucher instead of cash — you are not obliged to accept a voucher. You have the right to monetary compensation.
Disputing the delay duration — "the delay was 2 hours 58 minutes, not 3 hours." What matters is the actual arrival time (when the aircraft doors open), not the departure time.
Redirecting to travel insurance — travel insurance and EC 261/2004 compensation are completely separate. Having travel insurance does not reduce your right to EC 261 compensation, and claiming one does not affect your right to claim the other.
Your Rights: A Quick Reference
Here is a summary of what you are entitled to under EC 261/2004:
Immediate care obligations (regardless of compensation):
- Meals and drinks (proportionate to the waiting time, typically from 2 hours' delay)
- Hotel if you need to stay overnight (airline must book and pay)
- Two free phone calls or emails
- Ability to cancel the journey and get a full refund (for delays of 5+ hours)
Financial compensation:
- €250 for flights up to 1,500 km
- €400 for flights 1,500–3,500 km
- €600 for flights over 3,500 km
- Compensation is per person — if you travelled with family, each person can claim
Situations where you are entitled to claim:
- Flight cancelled less than 14 days before scheduled departure
- Flight delayed 3+ hours at arrival
- Denied boarding due to overbooking (without your voluntary agreement)
- Missed connection caused by a delay on a previous flight (on the same booking)
Situations where the airline may be exempt:
- Extraordinary circumstances genuinely beyond the airline's control — but the burden of proof is on the airline, and they must demonstrate they took all reasonable measures
How Far Back Can You Claim?
Limitation periods for flight compensation claims vary across EU member states:
| Country | Limitation period |
|---|---|
| France | 5 years |
| Germany | 3 years |
| United Kingdom | 6 years |
| Spain | 5 years |
| Italy | 2 years |
| Netherlands | 2 years |
| Most other EU countries | 1–3 years |
The applicable limitation period is generally that of the country where the airline is registered or where the flight departed. If in doubt, check sooner rather than later — the older the claim, the harder it can be to gather documentation.
Why Use a Professional Service Rather Than Claiming Alone in 2026?
With the February 2026 procedural changes, the individual claim route has become longer, more expensive, and more complex. This is precisely why professional claims services like AirHelp have become more valuable.
What AirHelp does for you:
- Assesses your eligibility in 3 minutes
- Handles all correspondence with the airline
- Manages the mandatory mediation step if required
- Initiates legal proceedings if necessary
- You pay only on success (35% of the compensation recovered)
AirHelp has already helped over 10 million passengers recover compensation, with a 93% success rate.
The alternative — acting alone — is entirely possible, but requires:
- Filing the claim with the correct airline department
- Waiting through their 2-month response window
- Navigating mandatory mediation if they reject or ignore you
- Potentially waiting up to a year before seeing any outcome
- Possible mediation costs of €50–150
For a €250 compensation claim, spending €100 on mediation and months of your time makes the DIY route questionable. For a €600 claim on a long-haul flight, it may still be worth it — but only if you are prepared for the time investment.
Step-by-Step: What to Do If Your Flight Is Cancelled or Delayed
At the airport:
- Ask the airline for a written explanation of the disruption and its cause
- Keep all receipts for meals, transport, and accommodation the airline should have provided — you can claim these back
- Request care (meals, hotel) immediately — don't wait for the airline to offer it
- Take photos of departure boards showing your flight status
After returning home:
- Gather your documents: booking confirmation, boarding pass, receipts
- Check your flight number and date on FlightAware to confirm the actual delay time
- Submit a claim directly to the airline (use their official compensation claim form)
- If the airline rejects your claim or doesn't respond within 2 months, use AirHelp or contact your national enforcement body
FAQ
Does the 2026 reform change the compensation amounts?
No. The amounts remain the same: €250, €400, or €600 depending on flight distance. Only the procedure for obtaining compensation has changed — specifically for passengers in some EU countries who choose to act independently rather than through a claims service.
Can I still claim without a lawyer?
Yes, but the process is now longer and potentially more costly in some EU jurisdictions, due to mandatory mediation. If you have a strong case and the patience to see it through, filing yourself is possible. A claims service handles all of this for you at no upfront cost.
How long do I have to file a claim?
It depends on your country. In most EU states, the period ranges from 2 to 6 years from the date of the flight. Don't wait unnecessarily — gathering evidence becomes harder over time.
The airline offered me a voucher. Do I have to accept it?
No. You have a legal right to monetary compensation in cash (or a bank transfer). The airline cannot force you to accept a voucher. You may decline it and insist on the cash equivalent under EC 261/2004.
Does AirHelp handle the mandatory mediation step?
Yes. AirHelp manages the entire process, including the new mediation step where it applies. You don't need to do anything beyond submitting your claim through their platform.
How long does the process take with AirHelp?
On average 3 to 6 months — significantly faster than the individual route post-reform, which can stretch to 8–12 months. AirHelp's team of aviation law specialists knows which airlines settle quickly and which require more pressure.
What if I'm not based in the EU — can I still claim?
EC 261/2004 protects you based on the flight, not your nationality or residence. If your flight departed from an EU airport, or if it arrived at an EU airport and was operated by an EU-based airline, you are covered — regardless of where you live.
Not sure how much you can claim? Use our compensation calculator to check your eligibility in under a minute.