BRUSSELS, late evening. You’ve landed hours late, your plans are wrecked, and then the airline email arrives: “compensation not due.” In that moment, most people ask, “Are they allowed to just say no?” Across Europe, air passenger rights can be enforceable—if you answer the refusal the right way. This guide explains, step by step, how to challenge a denial, what to ask for in writing, and how to escalate if the airline stalls.
First: check if you’re in EU261 territory
EU passenger compensation rules (often called “EU261”) generally apply when:
- Your flight departed from the EU/EEA/Switzerland (any airline), or
- Your flight arrived in the EU/EEA and the airline is EU/EEA-based.
Typical cases include long delays (often 3+ hours at arrival), cancellations, and denied boarding. Compensation can be refused when the airline claims “extraordinary circumstances” (for example, some severe weather or air traffic control restrictions), but that phrase is often used too broadly.
Official reference pages you can rely on: Your Europe – Air passenger rights and the European Commission’s air passenger rights overview.
Step 1: lock down your evidence before it disappears
Do this immediately (screenshots and PDFs matter):
- Booking confirmation, ticket/itinerary, boarding pass (or proof you checked in)
- Delay/cancellation notice, gate screenshots, and airport board photos if you have them
- Arrival time proof (e.g., timestamped message, baggage tag time, flight tracker screenshot)
- All emails/SMS from the airline, especially the refusal message
- Receipts for meals, transport, hotel (these can relate to “right to care” claims)
If your earlier issue was a cancellation or missed connection, you may also want to link readers to your related coverage. For internal background on similar travel-rights problems, you can point them to a site search like The European Times coverage on flight cancellations.
Step 2: demand a written reason—specific, not generic
Airlines often reject claims with a template line. Reply asking for specifics:
- The exact reason for the disruption (not just “operational reasons”)
- Whether they claim “extraordinary circumstances” and what those were
- The flight number, date, and recorded arrival delay they are using
- Any documents they rely on (even a short incident description)
Why this matters: escalation bodies and dispute resolution systems work best when the airline has “put its story on paper.”
Step 3: resubmit your claim like a mini legal file
Send a clean, structured follow-up claim. Keep it polite, short, and evidence-driven.
- Subject line: “EU261 compensation request – [Flight] – [Date] – refusal challenged”
- One paragraph summary: route, delay at arrival, and what you request (compensation + any care costs)
- One paragraph on refusal: quote the airline’s stated reason and why you dispute it (with one or two facts)
- Attachments: evidence bundle (PDF) + key screenshots
- Deadline: ask for a final reply within 14 days
If the airline claims “extraordinary circumstances,” ask them to explain what they did to avoid the delay (for example, rerouting options, replacement aircraft/crew, or rebooking choices). This is often where refusals become shaky.
Step 4: escalate outside the airline (free or low-cost paths)
If the airline refuses again—or ignores you—move the dispute to an independent channel:
- National Enforcement Body (NEB): Each country has a passenger-rights enforcement body. Start here when the dispute concerns a flight that departed from (or is strongly linked to) that country. The Commission points to how enforcement works and where to find bodies via its passenger-rights resources: EU passenger rights.
- ECC-Net (European Consumer Centres Network): Useful for cross-border consumer disputes, especially when you live in one EU country and the airline is based in another. See ECC-Net.
- ADR/mediation schemes: Some airlines participate in alternative dispute resolution bodies. If available, it can be faster than court.
Tip: In your escalation, include a one-page timeline: booking → disruption → arrival time → claim → refusal → your rebuttal.
Step 5: if money is the issue, consider a parallel recovery route
Depending on how you paid and what exactly you’re claiming:
- Card payment: If the dispute includes refunds not paid or services not delivered, ask your card provider about chargeback options. (Rules vary by provider and country.)
- Small-claims / simplified procedures: For straightforward, evidence-heavy cases, court routes can be realistic—especially if the airline has stopped engaging.
This does not replace EU261 escalation, but it can add pressure when the airline is simply ignoring you.
One-screen checklist: what to do tonight
- Save everything: boarding pass, delay proof, refusal email, receipts
- Ask for specifics: exact disruption cause + “extraordinary circumstances” details
- Resubmit your claim with a timeline and evidence bundle
- Escalate to the relevant NEB and/or ECC-Net
- Set a deadline (14 days) and keep everything in one email thread
Why this works in practice
EU passenger rights are designed to be usable by ordinary travellers—not only lawyers. The key is to turn a vague refusal into a specific dispute with documents, dates, and clear requests. Once the airline’s explanation is pinned down, enforcement bodies and dispute channels can assess whether the refusal is justified—or simply convenient.
