EU Air Passenger Compensation

David Kwok
2 min readOct 4, 2024

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On a sunny afternoon in July 2021, I boarded a TAP Air Portugal flight from San Francisco to Lisbon. It was my first time traveling internationally in over a year, due to the 2020 Covid pandemic, and we were still required wear masks during the flight, to show proof of vaccination (which I had gotten in May 2021), and to show a negative Covid test before being allowed to enter Europe.

Even though my airplane seat was cramped and uncomfortable, I was beyond excited as we taxied out to the runway. After an ominous wait, the captain came on the PA, announcing a possible flat tire on the landing gear. We returned to the gate, and after sitting for a total of almost two hours on the plane, the flat tire was confirmed, and everyone was asked to deplane so the tire could be replaced. Luckily, the part needed was available at SFO, and we were hopeful that we would be able to depart later the same night. But after another two and a half hours of waiting, we were informed that the flight would be cancelled and rescheduled for the next day!

Our soon-to-be-cancelled TAP Air Portugal flight (SFO to LIS)

This was a frustrating experience, and it took even more time to claim our luggage from the hold. The airline promised to cover overnight accommodations and meals (asking us to save and submit our receipts) and also mentioned that each passenger would receive €600 in compensation, which was more than the price of our ticket!

This compensation wasn’t a result of the airline’s sympathy — rather it was mandated by a 2004 EU regulation protecting air passenger rights. In short, any flight operating to/from an EU member state is required by law to compensate passengers for delays exceeding 3 hours, cancellations, or denied boarding (unless it isn’t the airline’s fault). The compensation ranges between €250 to €600, depending on the length of the flight, and requires rebooking, accommodation, and meals.

As a traveler, I definitely needed this compensation, as I had already made hotel reservations at our destination that I needed to change. For the airline, the risk of incurring these costs is part of operating the business, and is essentially built into their ticket prices. It’s an open question as to whether similar policies should be enacted in the US, as they come with advantages and drawbacks for both the airline and passengers.

In my opinion, required compensation shields travelers from the financial consequences of travel delays, which can be significant. While the current EU policy itself is adequate, my experience is that claiming compensation is a big hassle, often requiring months of back-and-forth communication before the airlines actually pay!

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David Kwok
David Kwok

Written by David Kwok

Avid traveler and foodie. Aviation enthusiast, amateur tour guide, business professional, language lover, developing husband and parent.

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