Do infants and children have a claim for flight compensation?

Infants can have EU261 claims in some cases — especially when a paid ticket or infant fee exists — but free, no-seat infants are generally outside the rule; check each case.

Who counts as a “passenger” under EU261?

Here’s the simple version: EU261 protects “passengers.” For families, that usually means anyone on the booking with a confirmed reservation who shows up for check-in — infants included when there’s a paid ticket or infant fee. The regulation sets fixed compensation bands by distance and also gives care rights during long delays.

Crucially, the European Commission’s 2024 interpretative guidelines clarify that infants who travel entirely free of charge and without an allocated seat or boarding pass — often true for true “free lap infants” — are excluded from EU261. So: paid infant fee or ticket = likely covered; totally free/no-seat = likely not.

European Union Regulation (EC) No 261/2004 set compensation at €250 for ≤1,500 km, €400 for 1,500–3,500 km, and €600 for >3,500 km in 2025 across the EU.

European Commission interpretative guidelines (September 2024) state infants traveling on 0 € base fare without an allocated seat and boarding pass are excluded from EU261 coverage in the EU.

When infants and children can claim (and when not)

Use these quick scenarios:

• Infant fee paid, no separate seat: Often eligible. Many airlines charge a per-sector infant fee; that’s a pecuniary payment linked to transport. Keep boarding passes and booking confirmations.
• Own seat and paid fare (child ticket): Eligible like any passenger if the flight meets EU261 conditions (e.g., ≥3-hour arrival delay not caused by extraordinary circumstances).
• Truly free lap infant (no fare, no seat, not named on reservation): Generally not covered under EU261.
• Package holidays: EU261 still applies to the flight part; other refund rights may come via the tour operator.

Also remember care rights kick in before compensation in many cases (meals, drinks, communication, hotel if needed), and the wait-time threshold depends on distance — starting from two hours on short-haul.

How to check your family’s eligibility fast

• Gather booking confirmation, all boarding passes, and delay evidence (arrival time screenshots, airline messages).
• Note where your journey started and the carrier’s license (EU carrier rules apply inbound to the EU; all carriers apply when departing the EU).
• For infants, confirm if you paid an infant fee or fare and that the infant is named on the reservation.
• If the airline says “extraordinary circumstances,” ask for specifics in writing; the label alone isn’t decisive.

Final thoughts

Bottom line: infants and children can have valid EU261 claims, but details matter — especially whether money changed hands for the infant’s transport and whether the infant appears on the booking. Stay informed and keep your paperwork; if your family’s flight was disrupted, run a quick eligibility check and claim when the rules fit.