Who Can Claim EU261 Compensation? Family, Children, Groups

The Principle: Every Passenger Has Their Own Claim

Compensation under Art. 7 of Regulation (EC) No 261/2004 attaches to the individual passenger, not to the booking. When a flight is cancelled, arrives at the final destination at least three hours late, or a passenger is denied boarding against their will, a claim arises separately for each person affected. There is no collective “per family” claim, and there is no cap when several people travel on the same booking.

The amount for each person depends on flight distance: 250 euros up to 1,500 km, 400 euros for intra-EU flights over 1,500 km and all other flights between 1,500 and 3,500 km, and 600 euros beyond that. A quick example: two adults and two children, all four on paid fares, sit on a long-haul flight over 3,500 km that arrives four hours late. Each of the four passengers is then entitled to 600 euros, so 2,400 euros in total. To see what your specific case typically qualifies for, try our compensation calculator.

This principle applies no matter how the group is made up: spouses, children, grandparents, or a group of friends on a shared booking; every person with their own paid ticket has their own claim.

Infants and Babies: It All Comes Down to the Fare

For the youngest travellers, a single question decides the claim: was a fare paid for the child? The regulation itself excludes passengers who travel free of charge in Art. 3(3). Germany's Federal Court of Justice, the Bundesgerichtshof, has spelled this out for Germany in its judgment of 17 March 2015 (X ZR 35/14): an infant flying for free on a parent's lap, without a fare of its own, has no claim to the compensation payment.

The reverse also holds: if a fare was paid for the child, the claim exists in full; the regulation does not provide for a reduced child rate. The Regional Court of Stuttgart, for example, awarded an infant with a paid fare the full compensation (LG Stuttgart, judgment of 7 Nov 2012, 13 S 95/12), and it did not matter whether the child had a seat of its own. So take a look at your booking confirmation: if a ticket price is listed for the child, the child counts like an adult when it comes to compensation.

One Letter for Everyone: Remember the Signed Authorization

In practice, one family member usually handles the complaint and asserts all claims in a single letter. That is possible, but it comes with a formal hurdle many people are unaware of: if someone acts as an authorized representative for others, the airline can promptly reject the letter when no signed authorization document is enclosed. In Germany this follows from the legal principle of § 174 BGB (German Civil Code; see BGH, VII ZR 53/10), and the practical lesson applies everywhere: a complaint that stumbles over formalities loses time, regardless of how strong its content is.

The safe route: every adult travelling companion signs a short authorization, which is attached to the letter as an annex. Regulators and dispute-resolution bodies likewise expect a clear, signed authorization when someone files on behalf of others. For how a complete complaint letter is structured overall, see our letter anatomy guide.

Parents Act for Their Children

For minor children, no separate authorization is needed: parents act as their child's legal representatives, in Germany under § 1629 BGB (German Civil Code), and as a rule both parents act jointly. The complaint letter should therefore make the child's claim clearly identifiable: the child's name and date of birth, a note that a fare was paid, and the parents' signature. If you want to be on the safe side, have both parents sign.

Payout: Separate Claims, One Bank Account?

Even when one letter bundles all the claims, they remain legally separate claims of the individual passengers. The letter should therefore settle two things. First, state the amounts per person individually: not just “2,400 euros for the family”, but four named passengers with 600 euros each. Second, the payout: if the airline is to transfer everything to a single bank account, all adult claimants should expressly declare their consent, for instance as a payment-receipt authorization directly in the authorization annex. Without such consent, the airline can insist on paying each person individually.

Checklist: Filing a Complaint for a Family or Group

• Check the booking confirmation: For which passengers was a fare paid? Only they have a claim of their own; this mainly concerns infants travelling along free of charge.
• Document the disruption: Secure proof of the arrival delay at the final destination, the cancellation notice, or evidence of the denied boarding, once for all travellers together.
• State the amounts per person: List every claimant by name with their own amount, not just a single total.
• Enclose signed authorizations: A signed authorization from every adult travelling companion; for children, the parents sign as legal representatives.
• Keep an eye on the deadlines: The limitation period depends on the country; you can find an overview on our page on limitation periods by country.
• Do not give up after a rejection: Airlines frequently reject the first complaint; we have put together a separate overview of the steps to take after a rejection.

Legal disclaimer: This article is for general information only and does not constitute legal advice. The law may vary in individual cases. For complex situations, we recommend consulting a qualified lawyer or legal adviser.

Frequently Asked Questions (FAQ)

Does every family member receive the full compensation?

Yes. Every passenger with a paid fare has their own claim in full, including children. Regulation (EC) No 261/2004 does not provide for a reduced child rate. For a family of four on a long-haul flight, that can add up to four times 600 euros.

Is my baby without its own seat entitled to compensation?

That depends on the fare, not the seat. If the infant travels free of charge without a fare of its own, there is, according to the case law of Germany's Federal Court of Justice (X ZR 35/14), no claim. If a fare was paid for the baby, it has its own claim in full.

Can I file the complaint for my whole family on my own?

You act as legal representative for your minor children, so no authorization is needed for them. For adult travelling companions you should enclose signed authorizations; otherwise the airline can reject the letter under the legal principle of § 174 BGB (German Civil Code).

Can the airline transfer the entire compensation to one bank account?

Yes, if all claimants agree. The compensation payments remain legally separate claims of the individual passengers. If all adult co-travellers declare their consent in writing, for instance in the authorization annex, the airline can pay everything to a single account with discharging effect.

Does ClaimEU261 also help with a complaint for several people?

Yes. Our generator creates a complaint letter for one or more claimants: Basic covers one person for a one-time fee of 10.00 EUR, Plus covers 2 passengers on the same flight and Premium up to 5 — bundled into one joint letter that states the amount for each person individually. Ready-to-sign authorizations for your co-travellers are included. The basics from this article, one claim per passenger, signed authorizations and the infant rule, apply whether you write the letter yourself or have it generated.