Lufthansa: Damaged baggage claim (EU261) — FAQ

Flight Delay Compensation Under EU261/2004 and UK261

Flight disruption can quickly turn a simple trip into a stressful and expensive experience. Under EU261/2004 (for eligible flights to, from, or within the EU) and UK261 (the UK’s retained version of EU261 rules), some passengers may have a legal right to compensation and care when a flight is delayed, cancelled, or when boarding is denied. This guide explains how eligibility typically works, what compensation amounts may apply, and how to file a claim in a practical, step-by-step way.

Eligibility for Flight Delay Compensation

Eligibility depends on where the flight operates, which airline operates it, the length of the delay at arrival, and the cause of the disruption.

When EU261/2004 can apply

• Flights departing from an EU/EEA airport may be covered, regardless of the airline’s nationality.
• Flights arriving into an EU/EEA airport may be covered when operated by an EU/EEA-licensed carrier.

When UK261 can apply

• Flights departing from a UK airport may be covered, regardless of the airline’s nationality.
• Flights arriving into the UK may be covered when operated by a UK or EU/EEA carrier, under the UK rules.

Delay threshold at arrival

For compensation linked to delays, the key measure is typically the arrival delay (the time the aircraft doors open at the destination). A delay must generally be 3 hours or more at arrival for compensation to be considered.

Extraordinary circumstances and when compensation may be refused

Airlines may refuse compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. In practice, this assessment is fact-specific. Commonly argued examples include severe weather or air traffic control restrictions. Routine airline operational issues are often disputed by passengers, but the outcome depends on the specific evidence in each case.

Codeshare and booking type

EU261/2004 and UK261 generally apply based on the operating carrier (the airline that actually flew or was scheduled to fly the flight), not necessarily the airline that sold the ticket. Passengers travelling on package holidays may still have rights under these regulations, and the airline remains the primary target for the compensation claim under EU261/UK261.

Compensation Amounts for Delayed Flights

Compensation under EU261/2004 and UK261 is typically fixed and depends mainly on flight distance and (in some situations) the length of delay.

EU261/2004 fixed compensation bands

• €250 for flights up to 1,500 km
• €400 for flights between 1,500 km and 3,500 km
• €600 for flights over 3,500 km

UK261 compensation

UK261 mirrors the EU structure, but compensation is typically paid in pounds sterling and the exact figure may depend on the airline’s handling and the applicable UK guidance at the time of payment.

Reductions in certain rerouting situations

In some circumstances—especially where passengers are rerouted and arrive within a certain time window—compensation may be reduced. Whether a reduction applies depends on the flight distance and how quickly arrival was achieved after rerouting.

Right to Care: Meals, Accommodation, and Rebooking

Separate from compensation, EU261/2004 and UK261 can require airlines to provide assistance when passengers face long delays. This can include:

• Meals and refreshments appropriate to the waiting time
• Two communications (such as phone calls, emails, or faxes)
• Hotel accommodation and transport between the airport and hotel when an overnight stay becomes necessary
• Re-routing at the earliest opportunity or at a later date convenient to the passenger (subject to conditions and availability)

If the airline does not provide care when it should, passengers may be able to claim reimbursement for reasonable expenses, supported by receipts.

How to Claim Compensation: Step-by-Step

Most successful claims follow a clear paper trail. A practical process typically looks like this:

• Step 1: Confirm eligibility by checking the departure/arrival location, the operating airline, and the arrival delay.
• Step 2: Collect evidence including booking confirmation, boarding pass, and any delay notifications.
• Step 3: Write to the operating airline requesting EU261/2004 or UK261 compensation, and clearly state the flight number, date, route, and arrival delay.
• Step 4: Keep records of communications and note any stated reason for the delay.
• Step 5: Escalate if needed using the airline’s complaint escalation channels, and where applicable, consider alternative dispute resolution (ADR) or the relevant national enforcement body process (availability depends on airline and jurisdiction).

Documents to Prepare

Having complete documentation improves the likelihood of a smooth claim. Useful documents commonly include:

• Booking confirmation showing passenger names and itinerary
• Boarding pass (or proof of check-in)
• Proof of delay such as airline emails/SMS, airport screenshots, or written confirmation from the carrier
• Receipts for meals, transport, and accommodation if claiming reimbursement under the right to care
• Bank details for payment (where required by the airline)

FAQ

Is compensation based on departure delay or arrival delay?

Compensation for delays is typically assessed using the arrival delay, measured at the time the aircraft door opens at the destination.

Does a missed connection count?

If a passenger arrives at the final destination 3 hours or more late due to a disruption on a journey booked as a single itinerary, compensation may be considered, subject to the usual eligibility rules and any extraordinary circumstances arguments.

Can passengers claim both expenses and compensation?

Yes, in many cases the right to care (reasonable expenses when the airline fails to provide assistance) is separate from fixed compensation for eligible delays. Each part has its own conditions and evidence requirements.

What if the airline offers vouchers?

Airlines may offer vouchers, but passengers generally may request payment via the methods permitted by the scheme. Passengers should consider whether accepting a voucher affects other rights, depending on the airline’s terms.

How long do passengers have to make a claim?

Time limits vary depending on the country’s limitation rules that apply to the claim. Passengers should act promptly and keep records, especially when travel took place some time ago.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when flights are delayed, including fixed compensation for eligible arrival delays of 3 hours or more and practical assistance such as meals and accommodation in longer disruptions. Passengers who keep documentation, focus on the operating carrier, and present a clear claim are typically in the strongest position to enforce their rights.