FlightRepay

ANSWER · UK 261 AND EC 261

Can I claim for a missed event or other losses on top?

The fixed sums cover lost time; Art. 12 keeps further compensation open for your particular losses. It provides that the regulation applies without prejudice to a passenger's rights to further compensation, from which the fixed sum may be deducted. In Sousa Rodríguez the Court held in 2011 that such further compensation can include non material damage under the Montreal Convention or national law.

REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026

How the two layers fit together

The Art. 7 sums are standardised: everyone on the flight gets the same amount for the same delay, no receipts needed. Losses particular to you, a prepaid safari, a missed cruise departure, sit outside that and are pursued as further compensation under the Montreal Convention or national law, where they must be proved and were caused by the disruption.

The limit Sousa Rodríguez set

Art. 12 cannot be used to recover the care the airline should have provided under Articles 8 and 9: hotel and meal costs from an airline that abandoned you are claimed as care costs, not as further compensation. Non material damage, by contrast, can fall within Art. 12.

The honest caveat

Consequential loss claims are individual court claims with evidence, causation and national law in play, and this page is general information about the framework. The free check assesses the fixed compensation rules; it does not assess consequential losses.

THE JUDGMENTS BEHIND THIS ANSWER

Sousa Rodríguez, C-83/102011

SOURCES

  1. Regulation (EC) No 261/2004, Art. 12(1) · EUR-Lex · checked 7 August 2026
  2. Case C-83/10 Sousa Rodríguez v Air France, judgment of 13 October 2011 (ECLI:EU:C:2011:664) · EUR-Lex · checked 7 August 2026

RELATED QUESTIONS

Does the airline have to pay for a hotel if my flight is delayed overnight?DelaysWhat is the difference between EC 261 and the Montreal Convention?Who is coveredThe airline rejected my claim. What routes exist?Making a claim

Checking is free, takes about 2 minutes, and starts nothing. You see the amount at stake before any personal details.

Check my flight →