Over one million in France miss out on flight delay compensation
Growing trend of airlines trying to avoid paying out, research finds
New rules on refunds were approved this year
Black Salmon/Shutterstock
Out of 2.5 million passengers who travelled to or from France and were eligible for compensation for flight delays in 2024, 1.3 million were not compensated by airlines, according to a new study.
It fits a growing trend of airlines trying to avoid paying compensation, the research by AirHelp highlights. In 26% of cases, airlines ignored the compensation request; in 21%, they cited bad weather, despite a lack of evidence; and in 13% they rejected valid supporting documentation.
Nice Cote d’Azur airport had the most delayed flights – just 43% arrived on time according to AirHelp. TAP Air Portugal was the worst airline for delays, with a delay rate of 32.1% of its 109,507 routes in 2024, around a third of its flights, according to air travel compensation group Flightright. It was followed by Jet2 and easyJet, with 29.54% and 28.93% delayed.
According to European legislation, for a delay of more than three hours or a flight cancellation airlines must pay compensation, except in extraordinary circumstances such as bad weather.
The amount depends on the distance of the flight and can range from €250 per passenger for journeys under 1,500km, to €400 for flights between 1,500 and 3,500km, up to €600 for flights exceeding that distance.
With delays of more than two hours airlines should provide passengers with food and, if needed, accommodation.
New legislation
In summer 2025, the EU approved new rules on flight compensation. The maximum will fall from €600 to €500, but compensation for medium-haul delays will rise from €250 to €300.
Compensation will begin from a four-hour delay, rather than the current three hours. And passengers will have up to six months to file a compensation request.
The proposals still need to be debated and approved by the European Parliament and could face further changes before being adopted by EU countries.
The usual route to request compensation is by contacting the airline in writing, often through customer services. But rules are also set to change when it comes to taking airlines to court, when contacting the airline directly does not work.
Passengers have so far been able to go to court in France free of charge. However, the changes set to come into force in February 2026 will introduce a longer and costlier process. From February 7, passengers will first have to consult a specialist mediator (médiateur tourisme et voyage). Before this, they must have asked the airline for a refund or compensation and have waited two months.
Only after this can passengers go to court, and instead of filing a direct claim they must now file an assignation individuelle (individual summons), which usually means using a lawyer and paying legal fees. These costs could outweigh any potential compensation.
The changes are being put in place to free up court space.