Flight delayed 3 hours or more: your rights and what to do
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
A delay of 3 or more hours on arrival gives you the right to cash compensation, on top of assistance at the airport. What you do while you wait and in the days after affects whether you get paid. This guide explains your rights, what to do at the airport and how to claim.
Did your flight arrive 3 hours late?
Check for free whether you’re owed compensation. Nothing to pay upfront.
Check my flight1What to do at the airport
Ask the airline desk for food and drink: from 2 hours on flights up to 1,500 km, 3 hours on flights of 1,500–3,500 km and 4 hours on longer ones.
Ask for the reason for the delay in writing and keep any notices you get by email, text or in the app.
Keep your boarding pass and receipts for anything you pay for yourself: food, transport or a hotel.
If the delay reaches 5 hours and you no longer want to travel, you can give up the flight and ask for a ticket refund.
Don’t sign any waiver or accept a voucher as compensation if you’d rather have money: payment in vouchers requires your written agreement (Art. 7(3)).
2How much you’re owed
In Sturgeon (C-402/07, 2009) the Court of Justice of the EU put delays of 3 hours or more on the same footing as cancellations. Compensation depends on flight distance, not on the ticket price, and is per passenger.
Compensation per passenger
Up to 1,500 km
Domestic and short European flights: Madrid–Barcelona, Madrid–London
Over 1,500 km within the EU, or 1,500–3,500 km
Madrid–Tenerife, Barcelona–Athens, Madrid–Cairo
Over 3,500 km outside the EU
Madrid–New York, Barcelona–Buenos Aires
Flights over 3,500 km
If you arrive between 3 and 4 hours late, compensation is halved to €300. With 4 hours or more, it’s €600.
3Assistance while you wait
Assistance is always owed, even when the delay is caused by an extraordinary circumstance. The airline must offer you:
Enough food and drink for the length of the wait.
Two phone calls, emails or messages.
A hotel and transfers between the airport and the hotel if departure moves to the next day.
Written information about your rights (Art. 14).
If it doesn’t and you pay yourself, the airline must refund reasonable costs. Attach the receipts to your claim.
4Airline excuses: which ones hold up
To avoid paying compensation, the airline has to prove an extraordinary circumstance that affected your flight and that it couldn’t have avoided with reasonable measures.
"There was a technical fault"
Faults arising from maintenance or normal use of the aircraft don’t exempt the airline (CJEU, Wallentin-Hermann C-549/07).
"Our staff were on strike"
A strike by the airline’s own workforce is not an extraordinary circumstance (CJEU, C-28/20).
"Bad weather" or "air traffic control restrictions"
These can exempt the airline if they prevented your flight from operating safely and it proves it. A general mention isn’t enough.
"The aircraft was late from its previous flight"
Only exempts the airline if that flight was hit by an extraordinary circumstance, there’s a direct link to your delay and the airline took reasonable measures (CJEU, C-74/19).
5How to claim compensation
- 1
Confirm the delay on arrival
What counts is when the aircraft door opened at your final destination. You can look it up on FlightAware or ask the airline for a delay certificate.
- 2
Claim from the airline in writing
Use its claims form. Give the flight number and date, hours of delay, the amount you’re claiming and any assistance costs you paid, with receipts.
- 3
Wait one month
If it doesn’t reply or rejects the claim, you can complain free of charge to AESA if the flight departed Spain or arrived in Spain from outside the EU.
- 4
Go to court if needed
In Spain, claims up to €2,000 need no lawyer or court agent, and the generally accepted time limit is 5 years.
- 5
Or hand it to AviFly
We run the claim from start to finish. We only charge if you get your money: 15% + VAT out of court and 30% + VAT if it goes to court.
AviFly claims your delay for you
Nothing upfront. We only charge if you recover your compensation.
Start my claimFrequently asked questions
What proof do I need to claim for a 3-hour delay?
Your boarding pass or booking confirmation and, if you have them, the airline’s messages about the delay. The actual arrival time can be checked on flight tracking services; AviFly gets it for you.
Am I owed compensation if the delay made me miss a connection?
Yes, if the flights were on a single booking and you reached your final destination 3 or more hours late (CJEU, Folkerts, C-11/11). Not with separate tickets.
Do I get €600 on a long-haul flight delayed 3.5 hours?
No: on flights over 3,500 km outside the EU, a delay of 3 to 4 hours gives €300. From 4 hours, €600.
Does the airline have to give me food during the delay?
Yes: from 2 hours on flights up to 1,500 km, 3 hours on flights of 1,500–3,500 km and 4 hours on longer ones, even if the delay is due to an extraordinary circumstance. If it doesn’t, keep the receipts and claim those costs.
How long does the airline take to pay?
There is no fixed legal deadline to pay. If it hasn’t answered your claim within a month, you can go to AESA; once accepted, payment is usually by bank transfer.
Can I accept a voucher instead of money?
You can, but you don’t have to. Compensation is paid in money; it can only be paid in vouchers if you agree in writing (Art. 7(3) of the Regulation).