European UnionThe airline delayed my flight 5 hours and offered no food or water. Is this allowed?
No, it is not allowed. Under EU law, airlines must provide care (including food, water, and communication) for delays of 2 hours or more on flights departing from or arriving in the EU.
What the Law Says
The legal framework for passenger rights on delayed flights in the EU is set out in Regulation (EC) No 261/2004. It applies to all flights departing from an EU airport, and to flights arriving in the EU operated by an EU airline — regardless of where the delay occurs.
If your flight is delayed by 2 hours or more, the airline must provide care: free meals and refreshments in reasonable relation to the waiting time, two free telephone calls, emails, or faxes, and hotel accommodation if an overnight stay becomes necessary.
For delays of 5 hours or more, you also have the right to choose between: (a) reimbursement of the full cost of the ticket for the part of the journey not made, and a return flight to the first point of departure, if relevant; or (b) re-routing to your final destination at the earliest opportunity.
Importantly, the duty to provide care arises independently of whether the delay was caused by extraordinary circumstances — care rights are absolute and cannot be denied even if the airline claims force majeure.
Statutory TextWhere reference is made to this Article, Articles 4, 5, 7, 8 and 9 shall apply.
— Regulation (EC) No 261/2004, Art. 6 — Delay
Statutory TextIn the event of a long delay, passengers shall be offered the following assistance: (a) meals and refreshments in reasonable relation to the waiting time; (b) two telephone calls, telex or fax messages or emails; (c) hotel accommodation where a stay of one or more nights becomes necessary; (d) transport between the airport and place of accommodation.
— Regulation (EC) No 261/2004, Art. 9 — Assistance
Statutory TextWhere a flight is delayed by five hours or more, passengers shall be entitled to refuse the planned flight and obtain a refund…
— Regulation (EC) No 261/2004, Art. 8(1)(a) — Refund
What Courts Have Said
The Court of Justice of the European Union (CJEU) has repeatedly affirmed that care obligations under Regulation 261/2004 are immediate, unconditional, and not subject to exceptions.
The CJEU ruled that passengers on delayed flights are entitled to compensation equivalent to those on cancelled flights, provided the delay exceeds 3 hours — confirming that delay rights are substantive and enforceable.
The Court held that the obligation to provide care (food, drink, communication) begins at the moment the delay reaches 2 hours — and continues throughout the delay, regardless of cause.
What to Do
Immediately ask airline staff in writing (email or signed note) for food, water, phone access, and confirmation of delay duration.
Keep receipts for any essential expenses (e.g., bottled water, snacks) — you can claim reimbursement later.
If the delay reaches 5 hours, formally request either a full refund or re-routing — in writing.
File a complaint with the national enforcement body (e.g., UK CAA, Germany’s Luftfahrt-Bundesamt) if the airline refuses care.
You may also claim fixed compensation (€250–€600) if arrival is delayed by ≥3 hours — separate from care rights.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.