Delayed or cancelled flight — Belgium: your compensation

Are You Entitled to Compensation? (Applicable Framework from Belgium)

If your flight departs from a Belgian airport — Brussels Airport (BRU), Brussels South Charleroi (CRL), Liège Airport (LGG), or Antwerp Airport (ANR) — you are fully protected by Regulation (EC) No 261/2004, the cornerstone of EU air passenger rights. This regulation also applies if your flight departs from a non-EU country and the operating airline holds an EU Air Operator Certificate (e.g., Brussels Airlines, Ryanair, TUI fly, Lufthansa, Air France).

The Belgian Civil Aviation Authority (BCAA), part of the Federal Public Service Mobility and Transport, is the National Enforcement Body (NEB) designated to oversee and enforce Regulation 261/2004 in Belgium. It covers:

• All flights departing from Belgian territory (regardless of the airline's nationality);
• Flights departing from a non-EU airport operated by an EU-based carrier arriving in Belgium.

The regulation grants you enforceable rights in three situations:

1. Denied boarding — typically due to overbooking or operational reasons;
2. Flight cancellation — including cancellations announced less than 14 days before departure;
3. Long delay — when you arrive at your final destination 3 hours or more late.

Important: Compensation is never paid automatically. Passengers have to ask for it from the airline. If you are not satisfied, you may refer the matter to the complaints procedure.

Flights NOT covered by EU 261/2004 from Belgium

• Flights departing from a non-EU country on a non-EU carrier (e.g., a flight from New York on American Airlines returning to Belgium — only the outbound leg from Belgium is covered);
• Passengers travelling free of charge or at a reduced fare not available to the general public (e.g., employee tickets);
• Passengers on aircraft with 19 seats or fewer.

Compensation Amounts by Distance

The flat-rate compensation is set directly by Article 7 of Regulation (EC) No 261/2004 and cannot be reduced by the airline unilaterally. The amount depends solely on the distance of the disrupted flight (great-circle distance to the last destination affected).

50% reduction rule: The airline may reduce the compensation by half if it offers you a rerouting on an alternative flight and your actual arrival at the final destination does not exceed the originally scheduled arrival time by: EUR 250 for flights up to 1,500 km; EUR 400 for intra-Community flights of more than 1,500 km and for all other flights between 1,500 and 3,500 km; EUR 600 for all other flights. Concretely, the time windows for the reduction are:

• 2 hours — for flights up to 1,500 km;
• 3 hours — for flights between 1,500 and 3,500 km;
• 4 hours — for flights over 3,500 km (non-intra-EU).

What about the right to care?

Entirely separate from the cash compensation, the airline owes you "right to care" (Article 9) whenever a delay or cancellation occurs at the airport. This applies regardless of the cause, including extraordinary circumstances:

• Meals and refreshments proportionate to the waiting time (from 2 hours of delay depending on distance);
• Two free telephone calls, emails or fax messages;
• Hotel accommodation and transport between airport and hotel, if an overnight stay becomes necessary.

Keep all receipts: if the airline fails to provide these services, you can claim reimbursement of reasonable expenses.

Right to reimbursement or rebooking (cancellation and long delay)

Regardless of compensation eligibility, when a flight is cancelled or delayed by 5 hours or more, you must be offered:

• Full refund of the ticket price within 7 days (including return leg if stranded mid-journey), or
• Rebooking to your final destination at the earliest opportunity, or at a later date of your choice.

Circumstances That Cancel the Right to Compensation (Extraordinary Circumstances)

Article 5(3) of Regulation 261/2004 provides that airlines are exempt from paying the flat-rate cash compensation (but not from the right to care or rebooking/refund) when the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

Generally accepted as extraordinary circumstances

• Natural disasters, weather conditions incompatible with flight safety, wars, political unrest, acts of sabotage or terrorism, health risks;
• Disruptive passenger behaviour that forces a diversion or cancellation;
• Unforeseen labour disputes affecting the airline operator, airport, or air navigation service provider, excluding strikes by airline staff unless they result from demands that only public authorities can fulfil.
• Air Traffic Control (ATC) restrictions or strikes by ATC staff (external to the airline's control);
• Airport closures ordered by public authorities.

Generally NOT accepted as extraordinary circumstances (you remain entitled to compensation)

• Routine technical failures — Technical defects occurring from time to time during the operation of an aircraft do not constitute extraordinary circumstances. The landmark CJEU ruling Wallentin-Hermann v Alitalia (C-549/07, 2008) confirmed this: a tyre blowout, a faulty sensor, or a broken seat are ordinary operational risks airlines must manage.
• Staff shortages — crew sickness or rostering problems are the airline's operational responsibility;
• Strikes by the airline's own staff — strikes by pilots or cabin crew employed by the airline are generally not extraordinary circumstances;
• Overbooking — entirely within the airline's control;
• Late arrival of the incoming aircraft — unless that inbound delay was itself caused by extraordinary circumstances.

Burden of proof: It is for the airline to prove that extraordinary circumstances existed and that all reasonable measures were taken to avoid the disruption. If the airline merely claims "technical issues" without specifying the defect and demonstrating it was unforeseeable, the BCAA and Belgian courts will reject the defence.

Advance cancellation notice (14-day rule)

If the flight is cancelled less than two weeks before the scheduled departure date, compensation is due (from €250 to €600 depending on the distance travelled by the flight). The precise rules are:

• 14 days or more before departure — no cash compensation is owed;
• 7 to 13 days before departure — no compensation if you are rerouted departing no more than 2 hours early and arriving no more than 4 hours late;
• Less than 7 days before departure — no compensation if rerouted departing no more than 1 hour early and arriving no more than 2 hours late.

If the rerouting offered does not meet these time windows, full compensation applies.

How to Claim — Step by Step

1. Gather all evidence at the airport. Keep your boarding pass, booking confirmation, and any written communications from the airline. Ask airport staff for a written statement of the reason for the delay or cancellation. Note the exact times: scheduled vs. actual departure and arrival. Take photos of departure boards.
2. Submit a formal written claim to the operating airline. Contact the airline that actually operated (not booked) the flight. State clearly: your flight number, date, disruption type, the amount claimed, and cite Regulation (EC) No 261/2004. Send by email with read-receipt or registered letter, and keep a copy of everything.
   • Brussels Airlines: brusselsairlines.com — Contact
   • Ryanair: ryanair.com — EU 261 form
   • For other airlines, use their official website's "Customer Relations" or "Passenger Rights" section.
3. Wait for the airline's response (up to 6 weeks). Your complaint should first be submitted directly to the airline, with copies of all the supporting documents for potential expenses for which you are requesting reimbursement. If there is no response within a reasonable time frame (6 weeks) or if this response is unsatisfactory, you may complain to the BCAA.
4. File a complaint with the BCAA (Belgian Civil Aviation Authority). The BCAA is Belgium's National Enforcement Body. It can investigate your complaint, contact the airline, and issue enforcement decisions. Filing is free of charge.
   • Official online complaint form: servicerequest.mobilit.fgov.be — Passenger Rights Complaint
   • Official information page: mobilit.belgium.be — Passenger Rights
   Attach: your booking confirmation, boarding pass, correspondence with the airline, and any receipts for care expenses.
5. Consider Alternative Dispute Resolution (ADR) or court action. If the BCAA process does not result in payment, you may bring the matter before a Belgian civil court (Justice of the Peace — Vredegerecht / Justice de paix — for claims under €5,000) or use a recognised ADR entity. Belgian courts regularly apply EU 261 and CJEU case law.

Limitation period: Under Belgian civil law, the general limitation period for contractual claims is 1 year from the date of the flight. Do not delay in filing your claim. Some airlines impose shorter internal deadlines, which are not legally binding under EU law.

If the Airline Refuses

A refusal by the airline is not the end of the road. Below are your escalation options in Belgium, in recommended order:

1. Belgian Civil Aviation Authority (BCAA) — Free official recourse

The BCAA has the power to investigate complaints, require the airline to justify its position, and issue enforcement decisions. While it cannot directly force payment as a court can, its findings carry significant weight and often lead to settlement. Airlines operating in Belgium are legally obliged to cooperate.

• Complaint portal: https://servicerequest.mobilit.fgov.be/p/question/en/S_PAR
• Part of: Federal Public Service Mobility and Transport, Rue du Progrès 56, 1210 Brussels

2. European Consumer Centre Belgium (ECC Belgium) — Free cross-border help

If the airline is based in another EU country, ECC Belgium can mediate on your behalf with its counterpart in the airline's home country.

• Website: eccbelgium.be

3. Belgian Justice of the Peace (Vredegerecht / Justice de paix) — Small claims court

For claims up to €5,000 (which covers most EU 261 compensation cases), you can file directly at your local Justice of the Peace without a lawyer. Court fees are modest. Belgian courts apply EU 261 and CJEU case law, and awards in favour of passengers are common. Find your competent court at rechtbanken-tribunaux.be.

4. Claim management companies (use with caution)

Services such as AirHelp, FlightRight, or ClaimCompass handle claims on a no-win-no-fee basis, typically retaining 25–35% of the compensation as commission. They can be convenient but are not necessary — the BCAA route and Justice of the Peace are free alternatives. Always read the contract before signing over your rights.

Never accept a voucher as a substitute for cash compensation unless you explicitly agree to it. Under EU 261, you are entitled to payment in cash, by bank transfer, or by cheque. A voucher offer is only valid if you voluntarily and knowingly accept it in writing.

FAQ

My flight from Brussels was delayed by only 2 hours 45 minutes. Am I entitled to compensation?

No. Under EU rules, a delay or cancellation that gets you to your final destination three hours or more late can trigger cash compensation between €250 and €600. This was confirmed by the CJEU in Sturgeon v Condor (joined cases C-402/07 and C-432/07): what matters is the arrival time at your final destination, not the departure time from Brussels. If your flight took off late but landed less than 3 hours after the scheduled arrival, no flat-rate cash compensation is owed — though you retain the right to care (meals, etc.) if the departure delay exceeded 2 hours.

My Brussels Airlines flight was cancelled due to bad weather. Can I still get a refund or rebooking?

Yes. The right to a full refund or rebooking always applies, even when the cancellation is due to extraordinary circumstances such as bad weather. Extraordinary circumstances are events the airline cannot prevent, such as severe weather, air traffic control strikes, political unrest, or security risks. They only exempt the airline from the flat-rate cash compensation (€250–€600). You are still entitled to choose between a full refund within 7 days or rebooking to your destination. If the airline failed to provide meals or accommodation during the wait, you can claim reimbursement of reasonable expenses.

I booked through a travel agency or on a comparison site. Who do I claim from?

Always claim from the operating airline — the one that actually flew (or was supposed to fly) the aircraft, not the booking platform, travel agent, or marketing carrier. For code-share flights (e.g., a ticket booked under a Lufthansa flight number but operated by Brussels Airlines), the claim goes to Brussels Airlines as the operating carrier. Your booking platform or travel agent has no legal obligation under EU 261; their responsibility may arise under the Package Travel Directive if your flight was part of a package holiday, but that is a separate regime.

How long do I have to file a claim, and does the BCAA enforce a deadline?

Belgian civil law imposes a general 1-year limitation period for contractual claims, running from the date of the disrupted flight. Some airlines attempt to apply shorter internal deadlines in their general conditions, but Belgian courts and the BCAA do not treat these as binding in place of the statutory period. File your claim with the airline as soon as possible after the disruption, and if escalating to the BCAA, do so without undue delay. The BCAA complaint portal is available at servicerequest.mobilit.fgov.be and requires no legal expertise to use.