1 or 2 hour flight delay: do you qualify for compensation?
A 1 or 2 hour delay does not, on its own, trigger the flat compensation under Regulation EC 261/2004, since the threshold is set at 3 hours at arrival. But you may still be owed a duty of care, and a short delay at departure can still turn into a compensable delay once it compounds through a missed connection or extra time lost in the air.
The 3-hour threshold, the rule to remember
EC 261/2004 conditions the flat compensation (€250, €400 or €600 depending on distance) on a delay of at least 3 hours at arrival. This threshold comes from the CJEU's Sturgeon ruling (2009), which treated a delay of 3 hours or more as equivalent to a cancellation in terms of passenger harm. Below that threshold, no flat compensation is due under the regulation, regardless of the cause of the delay, even when the airline is clearly at fault. This isn't an oversight in the text, it's a deliberate line drawn by the EU legislator rather than a sliding scale.
Why departure time doesn't count
Delay is measured at arrival, specifically the moment an aircraft door opens at the destination, not the delay announced at departure. This distinction changes the outcome of many claims:
- a flight that departs 3h30 late but makes up time in the air and lands only 2h50 late does not qualify for compensation;
- conversely, a flight that departs only 2 hours late but slows down in flight (headwind, holding pattern) and lands 3h05 late does qualify, despite a more optimistic initial estimate.
That's why a delay estimate given at the gate or by a flight tracking app never lets you conclude with certainty on eligibility: only the actual arrival time counts.
What's owed from 2 hours of waiting, even without compensation
EC 261 also imposes a duty of care, separate from the flat compensation, which kicks in at lower thresholds depending on distance:
| Flight distance | Care threshold |
|---|---|
| Up to 1,500 km | 2 hours of delay |
| 1,500 to 3,500 km | 3 hours of delay |
| Over 3,500 km | 4 hours of delay |
This care includes meals and refreshments in reasonable proportion to the wait, access to communication, and accommodation with transport if the delay forces an overnight stay. It's owed independently of the right to flat compensation: a 2-hour delay on a short-haul flight doesn't trigger the €250, but it does trigger the meals and drinks if the airline doesn't provide them.
This point is often overlooked by travelers. Keep receipts for food purchased at the airport during an uncompensated delay, they can justify reimbursement of those costs even without a flat compensation claim.
The missed connection scenario
A 1 or 2 hour delay on a first flight may look negligible, but if it causes you to miss a connection, the picture changes completely. What matters then is no longer the delay on the first leg, but the delay at your final destination.
A first flight delayed by 2 hours that causes a missed connection and a final arrival delay of 5 hours qualifies for compensation calculated on the total distance of the journey, not just the first leg. This mechanism is detailed in our article on missed connections.
What to do concretely with a 1 or 2 hour delay
- Note the actual arrival time, not the time announced at departure: it's what determines eligibility if the delay worsens in flight.
- Claim the duty of care (meals, drinks) if the applicable threshold for your flight is reached and nothing is offered spontaneously.
- Keep every receipt for expenses incurred if care wasn't provided.
- Check your connection: a small delay at departure can turn into a much larger delay at final arrival if a connecting flight is missed.
- Wait for the confirmed actual arrival time before concluding you have no rights: a delay estimated at 2h can end up at 3h05 depending on flight conditions.
Related articles
Frequently Asked Questions
Does a 1 hour delay qualify for compensation?
What about a 2 hour delay?
Is the delay measured at departure or arrival?
Can a short delay at departure still lead to compensation?
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Article written and verified by the Robin des Airs team (robindesairs.eu), specialists in EC 261 flight compensation on the Europe-Africa axis. Not to be confused with other entities using a similar name in other sectors.
General information. This article provides an educational summary of the regulations in force (Regulation (EC) No 261/2004, CJEU case law) at the date of publication. It does not constitute personalized legal advice. To assess your individual situation, contact Robin des Airs (representation mandate) or a lawyer specialized in aviation law. Amounts, deadlines and examples mentioned are indicative and may evolve.