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Air passengers pursuing compensation for delayed or canceled flights may be facing far steeper odds than they realize, with new analysis from AirHelp indicating that airlines reject a majority of claims that appear valid under European-style passenger rights rules.
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AirHelp Data Points to High Rate of Wrongful Rejections
AirHelp, a claims management company specializing in air passenger rights, reports that a large share of airline refusals are issued on cases that appear eligible for payout under regulations such as EU261 and its UK equivalent. On several of its national websites, the company states that up to 60 percent of compensation claims rejected by airlines are in fact valid when checked against the law and supporting data.
The company bases its assessment on millions of claims screened worldwide and on patterns seen when cases are escalated, including those that eventually succeed in court or through alternative dispute resolution after an initial “no” from the carrier. AirHelp’s public materials describe a recurring pattern in which airlines either decline to respond, broadly cite “extraordinary circumstances,” or rely on internal terms and conditions in ways that do not align with statutory passenger protections.
Separate explanatory material from AirHelp highlights that many refusals arrive at the first stage of the process, before any regulator or tribunal has reviewed the file. The firm’s own review of 2024 data, summarized in a consumer-facing blog, found that more than half of initially rejected claims it considered eligible were later overturned in favor of travelers, underscoring the gap between airlines’ first responses and final legal outcomes.
Although AirHelp is itself a commercial service that charges fees on successful cases, its figures add quantitative detail to a long-standing complaint among consumer advocates: that compensation regimes on paper are stronger than the relief most travelers receive in practice.
How Passenger Rights Rules Are Supposed to Work
The pattern highlighted by AirHelp sits against the backdrop of some of the world’s most far-reaching passenger rights regulations. In the European Union and the United Kingdom, rules derived from Regulation EC261/2004 and its UK successor provide fixed compensation in many cases of long delay, cancellation, missed connection, or denied boarding, when the cause is deemed to be within the airline’s control.
These frameworks generally entitle eligible travelers on covered itineraries to cash payments that scale with flight distance and the length of the delay on arrival, alongside care obligations such as meals and hotel accommodation where necessary. Similar compensation systems have been introduced or strengthened in several other jurisdictions, while Canada and various regulators have been examining enforcement and compliance records using market data and passenger complaints.
In theory, the process is straightforward. A passenger submits evidence such as boarding passes and confirmation emails through an airline’s online form or customer service channel, the carrier assesses eligibility under the applicable law, and legitimate claims are paid. AirHelp’s analysis suggests that, in reality, this flow breaks down at multiple points, beginning with whether a carrier acknowledges the claim at all.
In material filed with regulators and courts in previous years, AirHelp and other stakeholders have argued that some airlines use procedural barriers, tight time limits, or restrictions on third-party representation to limit successful payouts even in cases that appear to meet the legal tests. These practices can leave travelers uncertain about whether a denial reflects the law or the airline’s internal policy.
Why Airlines Say No: Silence, Fine Print, and “Extraordinary Circumstances”
According to AirHelp’s public explanations, one of the most common problems passengers encounter is simply a lack of response. The company describes a significant proportion of claims as being ignored at first instance, with travelers receiving neither a substantive explanation nor a clear decision. For individuals who are unfamiliar with their rights or unsure how to escalate a case, this can be enough to bring the process to a halt.
Where airlines do respond, a frequent justification for refusal is that the disruption was caused by extraordinary circumstances such as severe weather, air traffic control restrictions, or security issues. Regulations do carve out such scenarios, but AirHelp notes that carriers at times invoke extraordinary circumstances in situations where court decisions have later found the cause to be within the airline’s responsibility, such as some technical or operational failures.
Another area of tension involves airline tariffs and terms and conditions. Regulatory submissions and position papers from past disputes show carriers arguing that provisions in their contracts of carriage limit or structure how claims can be made or who can submit them. Consumer advocates counter that statutory rights under instruments like EU261 cannot be reduced by private contracts, and that such interpretations contribute to the volume of valid claims rejected at the outset.
Industry critics say these tactics reduce the number of passengers who persevere to the final stages of the process. By making the claims journey complex, time consuming, or opaque, airlines may lower their immediate compensation outlays, even if some of the contested refusals would not hold up under formal review.
Implications for Travelers Confronting Disruptions
The apparent gap between eligible cases and those paid out has practical consequences for travelers facing disruption this year. If, as AirHelp suggests, a majority of wrongly refused claims could have succeeded with persistence or expert support, many passengers may be walking away from hundreds of euros or dollars to which they are legally entitled.
Publicly available guidance from passenger rights organizations and online forums increasingly encourages travelers to document delays and cancellations thoroughly, keep records of communications, and challenge cursory rejections that rely solely on generic wording. In the European context, this can include contacting national enforcement bodies or, where available, alternative dispute resolution schemes that review airline decisions independently.
Some consumer advocates also warn that third-party claims services, while useful for those unwilling or unable to navigate regulations, typically charge a significant share of any payout. Passengers who are comfortable pursuing the process themselves may obtain the same compensation directly from the airline or through a regulator without giving up a commission.
Even so, AirHelp’s latest figures reinforce a broader message for air travelers: an initial rejection from an airline does not necessarily settle the question of whether compensation is owed. Understanding the relevant rules, and being prepared to escalate a claim where appropriate, can make a substantial difference to the outcome when flights do not go as planned.
Growing Scrutiny of Airline Practices
The data publicized by AirHelp arrives at a time when regulators in multiple markets are scrutinizing how fairly airlines treat disrupted passengers. In Europe, enforcement of EC261 and its national implementations continues to evolve, with court judgments and regulator interventions clarifying when carriers can rely on extraordinary circumstances and how they must communicate rights to customers.
In Canada, filings to the Canadian Transportation Agency have previously described disputes over whether carriers can decline to deal with claims submitted via intermediaries representing passengers, a practice consumer advocates argue can impede access to redress. Similar debates are emerging elsewhere as policymakers weigh the role of commercial claims companies and the responsibilities of airlines to engage with them.
AirHelp’s own growth highlights the demand created by this environment. The company reports that it has assessed tens of millions of flights for potential eligibility and assisted millions of passengers in seeking compensation. Its business model, and the data it releases, are built around the premise that a substantial proportion of passengers do not obtain the relief that air travel regulations intend to provide.
For now, the finding that airlines reject a majority of compensation claims AirHelp regards as valid is likely to add momentum to calls for clearer enforcement, more transparent decision letters, and simpler routes for passengers to contest refusals. For travelers planning trips in the coming months, the message is clear: understanding local passenger rights regimes, and being ready to push back against an initial “no,” may be as important as checking the departure board.
https://www.airhelp.ie/why-use-airhelp/
https://www.airhelp.com/en-int/blog/wrongful-claim-rejections/
https://downloads.regulations.gov/DOT-OST-2024-0062-0001/attachment_9.pdf