EU261 Compensation for Business Travel: Who Is Entitled?

EU Regulation 261/2004 is clear: compensation for flight delays or cancellations belongs to the passenger — the person who actually travelled. This applies even when the company or a public body paid for the ticket. The regulation consistently refers to the "passenger", not the "buyer" or "booker".

The legal situation: Passenger vs. Employer

Default rule: The passenger has the claim

EU261 protects the air passenger. The compensation of EUR 250–600 belongs to the person who experienced the disruption — not the company that made the booking. Airlines cannot process claims on behalf of the company, as the regulation protects the passenger.

Exception: Contractual assignment

Employment contracts or travel policies may contain clauses assigning EU261 compensation claims to the employer. In such cases, the employee no longer has a personal claim. In the public sector, such assignments are common — since taxpayer funds are used for travel.

Rule of thumb in practice

Travel time = working time and paid → compensation often goes to the employer
Travel time unpaid (personal time) → compensation belongs to the employee
No employment contract with assignment → employee keeps the claim
Public sector → assignment usually standard practice

EU261 for non-EU citizens: Nationality does not matter

EU261 is a route-based regulation — what matters is where the flight departs from and which airline operates it. The passenger's nationality or residence is irrelevant.

EU261 coverage by flight route and airline type
Scenario	EU261 protected?	Example
Departure EU, any airline	Yes	US citizen flies Emirates from Frankfurt
Arrival EU, EU airline	Yes	Japanese citizen flies Lufthansa from Tokyo to Munich
Arrival EU, non-EU airline	No	Brazilian citizen flies United from New York to Frankfurt
Outside EU, non-EU airline	No	Dubai → Singapore with Emirates

Switzerland, Norway & Iceland (EEA)

All three countries apply EU261 through bilateral agreements or the EEA agreement. Flights from Zurich, Oslo, or Reykjavik are as protected as flights from Berlin or Paris. In Switzerland, the FOCA (Federal Office of Civil Aviation) oversees compliance.

United Kingdom (UK261)

Post-Brexit, the UK has maintained an equivalent regulation (UK261). Compensation amounts are GBP 220/350/520. Flights from UK airports with any airline and flights to the UK with UK-based airlines are covered.

Frequently Asked Questions

Am I entitled to EU261 compensation as a business traveller?

Yes. EU Regulation 261/2004 protects the passenger — the person who actually flew and experienced the disruption. This applies regardless of who paid for the ticket. Even with company-paid tickets, the compensation is generally owed to the traveller.

Can my employer claim the compensation instead?

Only if your employment contract or company travel policy contains an explicit assignment clause. In that case, your EU261 rights are contractually assigned to the employer. This is common in the public sector. Check your employment contract or ask your HR department.

What if my employment contract doesn't address this?

Without an explicit assignment clause, the compensation belongs to the employee. In practice: if travel time is paid as working time, many companies claim the compensation. If travel time is unpaid and you lose personal time, the compensation is yours in any case.

Does EU261 apply to non-EU citizens and third-country nationals?

Yes, nationality is irrelevant. EU261 is route-based: all flights departing from an EU airport (any airline) and all flights arriving in the EU (on an EU airline) are covered. A US citizen departing from Frankfurt has the same rights as an EU citizen.

Does EU261 apply in Switzerland, Norway, Iceland, and the UK?

Switzerland, Norway, and Iceland apply EU261 through bilateral agreements and the EEA agreement — same rights, same compensation amounts. The UK has an equivalent regulation (UK261) post-Brexit with amounts of GBP 220/350/520. Flights from UK airports are covered under UK261.

How much compensation do businesses lose from unclaimed flights?

Significantly. A mid-sized company with 200 business travellers typically has 500–1,000 EU flights per year. With a disruption rate of 15–20% and an average compensation of EUR 350, EUR 26,000–70,000 per year goes unclaimed. The success rate for EU261 claims was 47% in 2024 — with proper documentation, it rises above 70%.

Can I claim EU261 rights as a non-EU citizen on a connecting flight?

Yes, if at least one flight in your booking departs from an EU airport. Example: you fly New York → Frankfurt → Singapore on a single ticket with Lufthansa. If the disruption occurs on the Frankfurt–Singapore segment, EU261 applies because that flight departs from an EU airport.

Does EU261 apply to non-EU airlines flying into the EU?

No. For flights departing outside the EU and arriving in the EU, EU261 only applies if the operating airline is based in the EU/EEA. A New York to Frankfurt flight with Lufthansa is covered — the same flight with United Airlines is not.

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Les informations sur cette page sont fournies à titre d'orientation générale et ne constituent pas un avis juridique. Aucune responsabilité n'est acceptée quant à l'exactitude ou l'exhaustivité. Pour les cas complexes, nous recommandons de consulter un avocat.