Do You Need to Be European to Claim EU261 Compensation?

When your flight is delayed, cancelled, or overbooked, one of the first questions you might have is whether you’re actually eligible for compensation — especially if you’re not from Europe. Many travellers assume that EU261, Europe’s strongest air passenger rights regulation, only applies to EU citizens. The truth is much simpler:

No — you do not need to be European to claim EU261 compensation.

Your nationality does not matter at all. What matters is where your flight is and which airline operates it. Let’s break down how it works.

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Do You Need to Be European to Claim EU261 Compensation?

No — you do not need to be European to claim EU261 compensation.

Your nationality does not matter at all.

Continue reading to learn more.

Who Is Protected Under EU261?

EU261 Regulation applies based on the flight, not the passenger.

That means your citizenship has zero impact on your right to compensation.

You are protected under EU261 in any of these situations:

1. Your flight departs from an EU/EEA/UK airport

This applies no matter which airline you’re flying with.

Example: A U.S. traveller flying from Paris to New York on Delta → covered

2. Your flight arrives in the EU/EEA/UK and is operated by an EU airline

This applies only if the airline is EU/EEA/UK-based.

Examples:

• A Canadian flying on Transavia flight from Cairo to Amsterdam → covered
• A Japanese tourist flying on Emirates flight from Dubai to Barcelona → not covered
• A European tourist flying on Emirates from Dubai to Barcelona → not covered

Which Nationalities Can Claim EU Flight Compensation? All of Them.

Your nationality doesn’t appear anywhere in the regulation.

EU261 applies equally to:

• Europeans
• Americans
• Canadians
• Australians
• Asians
• Africans
• Anyone, from anywhere

If your flight meets the criteria, you are protected and you can get EU261 compensation — full stop.

Your Rights Under EU Regulation EU261 2004: Equal Rights for All Travellers

When your flight is delayed, cancelled, or overbooked — and the airline is at fault — EU261 gives you specific rights and protections.

These protections apply to all passengers, no matter their nationality, age, or ticket type. Adults, children, and even lap infants are entitled to the same compensation amounts. Europeans and non-Europeans receive identical compensation, and the same equal treatment applies to all other passenger rights, including the right to care, refunds, and rebooking.

If your flight is disrupted, you may be entitled to the following rights:

EU Flight Compensation (€250–€600)

You can receive between €250 and €600 per person, depending on the distance of your flight and the length of the delay at the final destination. This compensation is meant to acknowledge the inconvenience caused by the disruption.

There are three main flight compensation types:

• Flight cancellation compensation – if your flight is cancelled at the last minute (0-14 days before departure), you are entitled to flight compensation.
• Flight delay compensation – If your flight arrives 3 hours or more late, you are entitled to compensation. The delay is measured at arrival, specifically when the aircraft doors open.
• Denied boarding compensation – when you are denied boarding involuntarily due to flight overbooking.

How much is flight delay compensation, flight cancellation compensation and denied boarding compensation? The payout amounts are the same for all three types of disruptions.

When your destination is within the EU/UK:

When your destination is outside the EU/UK:

Read more: How to Claim Transavia Compensation?

Flight Cancellation and Flight Delay: Extraordinary Circumstances

Compensation is not owed when a disruption is caused by extraordinary circumstances — situations that fall outside the airline’s control and could not have been avoided even if all reasonable measures were taken. These include events such as severe weather, air traffic control restrictions, natural disasters, political instability, airport closures, runway obstructions, bird strikes, and security incidents.

It also covers certain technical issues that are outside normal operations, such as hidden manufacturing defects, sudden equipment failures caused by external factors, or urgent safety-related faults flagged by the aircraft manufacturer. These events are considered extraordinary because the airline could not reasonably predict or prevent them.

However, routine or preventable technical problems — like mechanical breakdowns due to poor maintenance, staffing shortages, or operational errors — are not extraordinary circumstances. In those cases, the airline is responsible, and compensation may still be due. Strikes involving Transavia’s own staff are not considered extraordinary circumstances, too.

Even when compensation is not due because the disruption was caused by extraordinary circumstances, you still keep several important passenger rights. Airlines must provide right to care, including meals, refreshments, communication access, and hotel accommodation when delays become lengthy. If your flight is cancelled or heavily delayed, you also retain the right to a refund or a new flight (re-routing) — the choice is yours. In other words, extraordinary circumstances remove the right to compensation, but they do not remove your fundamental protections.

Right to Care During Long Delays

Airlines must provide support when delays become lengthy, including:

• Meals and refreshments
• Free communication (emails, phone calls)
• Hotel accommodation for overnight delays
• Transport between the airport and hotel

These benefits apply even in extraordinary circumstances, when flight compensation is not owed.

Read more: Right to Care

Cancelled Flight Refund or a New Flight

If your flight is cancelled, the airline must offer you:

• A full refund of your ticket, or
• Re-routing on the next available flight to your destination, or
• Rebooking on a later date that suits your travel plans

You choose the option that works best for you.

These benefits apply even in extraordinary circumstances, when flight compensation is not owed.

EU261 does not differentiate between passengers. Adults, children, infants, EU citizens, and non-Europeans all receive the same rights and EU261 compensation amounts.

Featured photo by Lara Jameson from Pexels