Are you entitled to compensation? (The legal framework for flights departing from France)
European Regulation (EC) No 261/2004 is the law that governs your rights. It applies automatically and without exception in the following situations:
- Any flight departing from a French airport (Paris-CDG, Paris-Orly, Lyon, Marseille, Nice, Bordeaux, etc.), regardless of the airline's nationality and regardless of your destination.
- Any flight arriving in France from a country outside the EU, only if the operating carrier is an EU-based airline (e.g. Air France, Transavia, easyJet, Vueling).
The regulation covers three disruption scenarios:
- Flight delay: your flight arrives at its final destination 3 hours or more late.
- Flight cancellation: notified to you less than 14 days before the scheduled departure date.
- Denied boarding: the airline refuses to board you against your will, typically due to overbooking.
- Downgrading: you are placed in a lower class than what you paid for.
The DGAC (Direction Générale de l'Aviation Civile) is the body designated by France to ensure general compliance with Regulation (EC) No 261/2004. It is the relevant body for passengers on flights departing from France, whatever the nationality of the air carrier and whatever the final destination.
You must hold a confirmed reservation and have checked in on time. The regulation applies whether you purchased your ticket directly from the airline, through a travel agency, or as part of a package tour.
Official reference: Regulation (EC) No 261/2004 — EUR-Lex | ecologie.gouv.fr — Passenger rights (DGAC)
Compensation amounts by flight distance
In the event of a delayed, cancelled, or overbooked flight, you may be entitled to compensation ranging from €250 to €600, depending on the flight distance. These are fixed, statutory amounts — the airline cannot legally offer you less.
| Flight distance | Standard compensation | Reduced compensation (if rerouted and arrive within time limits) |
|---|---|---|
| Up to 1,500 km (e.g. Paris → Barcelona, Paris → London) | €250 | €125 (if you arrive no more than 2 hours late) |
| Between 1,500 km and 3,500 km (e.g. Paris → Athens, Paris → Casablanca) | €400 | €200 (if you arrive no more than 3 hours late) |
| Over 3,500 km — intra-EU flights only (e.g. Paris → Réunion, Paris → Martinique) | €400 | €200 (if you arrive no more than 3 hours late) |
| Over 3,500 km — non-EU destination (e.g. Paris → New York, Paris → Tokyo) | €600 | €300 (if you arrive no more than 4 hours late) |
Important note on cancellations: If the cancellation was notified less than 14 days before departure and the flight distance is between 1,500 and 3,500 km, each passenger is entitled to €400 in compensation. If notified between 7 and 14 days before and you are rerouted with only a minor time change, compensation may be reduced by 50%.
Right to care (assistance) while you wait
In addition to monetary compensation, airlines must provide food and drink, a hotel, and transport to and from the airport when needed, depending on the waiting time and flight distance. Keep all receipts for reasonable expenses (meals, hotel) as the airline must reimburse them.
Right to reimbursement or rerouting
In the event of cancellation or a delay of more than 5 hours, you always have the right to choose between: (a) a full refund of your ticket within 7 days, or (b) rerouting to your final destination under comparable conditions, at the earliest opportunity or at a later date of your convenience.
Downgrading: If you are placed in a lower travel class, the airline must reimburse 30% (short-haul), 50% (medium-haul), or 75% (long-haul) of the price paid for the affected sector.
Circumstances that cancel your right to compensation (extraordinary circumstances)
An operating air carrier is not obliged to pay compensation if it can prove that the cancellation or delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
Such circumstances may in particular occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings, and strikes that affect the operation of an operating air carrier.
In practice, courts and national enforcement bodies have ruled on numerous specific cases. The following are generally accepted as extraordinary circumstances:
- Severe weather: storms, heavy fog, blizzard, lightning strikes — when conditions are officially deemed incompatible with flight operations.
- Air traffic control (ATC) decisions: ATC-imposed restrictions or strikes by ATC staff (not airline staff).
- Security threats: bomb alerts, terrorism, airport closure for security reasons.
- Political instability: sudden closure of airspace, civil unrest at the destination.
- Hidden manufacturing defects: technical faults that were impossible to detect during routine maintenance and are not inherent to normal airline operations.
The following are generally not accepted as extraordinary circumstances:
- Technical problems discovered during routine maintenance or caused by the aircraft's age.
- Strikes by the airline's own staff (ground crew, cabin crew, pilots).
- Commercial overbooking decisions.
- Staff shortages or operational planning failures.
- Late arrival of a previous flight on the same aircraft (the "knock-on effect"), unless the original cause was itself extraordinary.
Key rule: The burden of proof lies with the airline. It must demonstrate both that extraordinary circumstances existed and that it took all reasonable measures to avoid the delay or cancellation. Vague or generic claims ("operational reasons", "weather") without documented evidence are not sufficient.
How to claim compensation (step-by-step)
- Collect evidence at the airport. Note the exact scheduled and actual departure/arrival times. Keep your boarding pass, booking confirmation, and any written notice given by the airline. Request a written statement from airline staff explaining the reason for the disruption if possible.
- Send a formal written claim to the airline. Address your claim to the airline's customer service department by registered letter with acknowledgement of receipt (lettre recommandée avec accusé de réception), or via their official online claim form. State clearly: your flight number, date, reason for claim, and the amount you are owed under Regulation (EC) No 261/2004. Keep a copy of everything.
- Wait for the airline's response. Airlines must respond within a reasonable time. It is unnecessary to report your dispute to the DGAC if you have not first addressed a complaint to the airline and waited for its response for at least 2 months.
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If the airline does not respond or refuses within 2 months: Report your dispute to the DGAC via their official online platform: Applications droits des passagers (DGAC), or by post to:
DGAC — Direction du transport aérien
Sous-direction des services aériens
Bureau des passagers aériens (SDS3)
50, rue Henry Farman
75720 PARIS CEDEX 15 - Check your statute of limitations. In France, you generally have 5 years from the date of the disruption to bring a civil claim (standard French contractual limitation period). Do not wait too long.
If the airline refuses to pay
You have several escalation routes available in France:
1. Report to the DGAC
The DGAC is the body designated by France to ensure general compliance with Regulation (EC) No 261/2004. In cases of proven non-compliance, sanctions in the form of administrative fines may be imposed on air carriers. Note that the DGAC's action is independent of the resolution of your individual compensation claim — it acts at a systemic level, not as your personal legal representative.
2. Contact a certified mediator
If the airline is a member of a mediation scheme, you can contact the Médiateur du Tourisme et du Voyage (MTV) (mtv.travel), which handles disputes with many airlines operating in France. Mediation is free for the consumer and must be attempted before going to court under French law.
3. Lodge a complaint with the European Consumer Centre
If the dispute involves an airline headquartered in another EU country, the European Consumer Centre France (ECC France) — part of the European network — can assist you free of charge: europe-consommateurs.eu.
4. Take the airline to court
For amounts under €5,000, you can file with the Tribunal de proximité or Tribunal judiciaire in France. The European Small Claims Procedure also applies for cross-border disputes up to €5,000. Given that EU 261/2004 compensation amounts (€250–€600) fall within these thresholds, legal action is accessible without a lawyer. Courts routinely rule in favour of passengers where the airline fails to prove extraordinary circumstances.
5. Use a passenger rights claims service
Several specialised companies (AirHelp, Flightright, etc.) handle claims on a "no win, no fee" basis, typically taking a commission of 25–35% of the compensation awarded. This is a valid option if you prefer to avoid the administrative process, but ensure the fee structure is clearly disclosed upfront.
FAQ
My flight from Paris was delayed by 2 hours 50 minutes. Am I entitled to compensation?
No. The threshold for monetary compensation under Regulation (EC) No 261/2004 is an arrival delay of 3 hours or more at your final destination. A delay of 2 hours 50 minutes does not qualify, even if it was inconvenient. However, if the delay is over 2 hours on flights of 1,500 km or less, or over 3 hours on longer flights, you are entitled to free meals and refreshments provided by the airline (right to care), regardless of compensation. Keep all receipts if the airline fails to provide this assistance.
The airline says my cancellation was due to "bad weather." Can I still claim?
Possibly. "Bad weather" is one of the most frequently invoked — and most frequently contested — extraordinary circumstances. The key test is twofold: the weather must have been genuinely incompatible with safe flight operations (not merely uncomfortable), and the airline must prove it took all reasonable measures to reroute or minimise the disruption. A generic reference to weather without official meteorological documentation or airport authority confirmation is not sufficient. You should still submit your claim in writing, request the specific evidence the airline relies on, and if unsatisfied, escalate to the DGAC or a mediator.
I booked my ticket through a travel agency or comparison site. Who do I claim from?
Your compensation claim is directed at the operating airline — the one whose aircraft actually flew (or failed to fly) the route — not the travel agency or booking platform. The agency may have a separate liability for ancillary services (hotel, car rental), but EU 261/2004 compensation is always the responsibility of the carrier. Identify the operating carrier on your booking confirmation (it may differ from the marketing carrier, e.g. a flight sold by Air France but operated by HOP!).
I was travelling as part of a group. Does each passenger receive individual compensation?
Compensation is paid per person. Each passenger on the disrupted flight with a confirmed booking is entitled to the full applicable amount independently. For a family of four on a Paris–Athens flight cancelled less than 14 days before departure, for example, total compensation would be 4 × €400 = €1,600. Each person must file their own claim or designate a representative (e.g. the group leader) to claim on their behalf in writing. There is no discount or cap for group travel under the regulation.