Why the Distinction Matters
When your flight is disrupted, the airline may tell you it's "delayed" when in practice it has been cancelled and you've been rebooked onto a later service. This distinction matters enormously — your compensation rights and the choices available to you depend on how the disruption is legally classified.
What Counts as a Delay?
A flight is considered delayed when it departs (and consequently arrives) later than its scheduled time, but the same flight number and aircraft eventually operates. Under EU261, compensation for delays is triggered when you arrive at your final destination 3 or more hours late.
Delay Compensation Thresholds (EU261)
- Less than 3 hours late: No compensation, though right to care may apply for long waits
- 3+ hours late: Full compensation (€250–€600 depending on distance)
- 5+ hours late: You also gain the right to a full refund and return flight if you choose not to travel
What Counts as a Cancellation?
A cancellation occurs when the airline does not operate your scheduled flight at all. If you're placed on a completely different flight — even one leaving shortly after — the original flight is legally cancelled, not delayed. This is an important distinction passengers often miss.
Your Rights When a Flight Is Cancelled
When a cancellation is confirmed, EU261 gives you a choice between three options:
- Full refund — of the ticket price, paid within 7 days
- Re-routing at the earliest opportunity — on comparable transport to your destination
- Re-routing at a later date — at your convenience, subject to availability
You must be offered this choice clearly and without pressure. The airline cannot simply decide for you.
Compensation for Cancellations
You are entitled to the same fixed compensation amounts as for delays (€250–€600) unless the airline notified you of the cancellation:
- More than 14 days before departure — no compensation
- Between 7 and 14 days before — compensation may be reduced if you were offered re-routing arriving within 4 hours of the original time
- Less than 7 days before — full compensation applies unless the airline offered a close alternative
The "Hidden Cancellation" Problem
One of the most common tricks airlines use is reclassifying a cancellation as a "delay" to reduce their obligations. Signs that your delay is actually a cancellation include:
- You're offered a seat on a different flight number
- The original departure board no longer shows your flight
- The airline emails you a new itinerary without explaining why
If you suspect this, ask the airline directly and in writing: "Has flight [number] been cancelled?" Document their response.
Right to Care in Both Scenarios
Whether your flight is delayed or cancelled, the airline must provide right to care during the wait. This includes meals and refreshments, communication allowance, and hotel accommodation if an overnight stay becomes necessary. These rights kick in at different waiting thresholds:
| Flight Distance | Wait Time Before Right to Care |
|---|---|
| Up to 1,500 km | 2+ hours |
| 1,500–3,500 km | 3+ hours |
| Over 3,500 km | 4+ hours |
Practical Advice at the Airport
- Ask airport staff for written confirmation of the delay or cancellation and the reason
- Keep all receipts for food, drink, or transport you pay for during the disruption
- Don't sign any documents waiving your rights in exchange for vouchers
- Take note of the exact arrival time at your destination — this is what courts and regulators use