Norwegian: Baggage delay compensation (Montreal Convention) — Documents You Need

Flight Delay Compensation Under EU261/2004 and UK261: What Passengers Need to Know

Flight disruption can turn a straightforward trip into a costly and stressful experience. Under EU261/2004 and its UK equivalent (often referred to as UK261), many passengers may have a right to fixed compensation and additional assistance when flights are significantly delayed, cancelled, or when boarding is denied. This guide explains how flight delay compensation works, who may be eligible, what amounts may apply, and how to make a practical, well-supported claim.

Eligibility for Flight Delay Compensation

Eligibility for compensation depends on the route, the operating airline, and the circumstances of the disruption.

When EU261/2004 may apply

• Flights departing from an EU/EEA airport, regardless of airline nationality; and
• Flights arriving into the EU/EEA operated by an EU/EEA-licensed airline.

When UK261 may apply

• Flights departing from a UK airport, regardless of airline nationality; and
• Flights arriving into the UK operated by a UK-licensed airline.

Delay threshold for compensation

For delay-based compensation, the key measure is typically the delay at the final destination. A delay of 3 hours or more at arrival is commonly required for statutory compensation under EU261/UK261, provided other eligibility conditions are met.

Situations that can affect eligibility

Compensation is not due in every delay or cancellation. Airlines may avoid paying fixed compensation where the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The exact assessment depends on facts and evidence, and passengers should keep documentation and written explanations from the airline where possible.

Compensation Amounts Under EU261/UK261

Where compensation applies, it is generally based on flight distance, not ticket price. The regulation provides fixed sums that may be owed per passenger.

Standard compensation bands (distance-based)

• Up to 1,500 km: €250 (or UK equivalent under UK261)
• 1,500–3,500 km: €400 (or UK equivalent under UK261)
• Over 3,500 km: €600 (or UK equivalent under UK261)

Reduced compensation in certain rerouting scenarios

In some cases involving rerouting, the compensation amount may be reduced if the passenger arrives within a defined time window relative to the original scheduled arrival time. Passengers should review the rerouting details carefully and keep the rebooking confirmation and timestamps.

Right to Care: Meals, Communication, and Accommodation

Separate from fixed compensation, EU261/UK261 can require airlines to provide assistance during long delays, depending on delay length and distance. This is commonly known as the “right to care.”

What assistance may be required

• Meals and refreshments in reasonable relation to waiting time
• Two communications (such as phone calls or emails)
• Hotel accommodation and transport to/from the hotel when an overnight stay becomes necessary

If the airline does not provide this care, passengers may be able to claim reimbursement for reasonable, necessary expenses. Receipts and proof of the delay are critical.

How to Claim Flight Delay Compensation

A well-organised claim improves the likelihood of a timely, accurate outcome.

Step 1: Identify the operating airline

Claims are typically made against the operating carrier (the airline that actually operated or was scheduled to operate the flight), not necessarily the airline that sold the ticket.

Step 2: Confirm the arrival delay at final destination

Compensation analysis usually depends on the actual arrival time at the final destination on the booking. Where there are connections, the arrival at the final destination is what matters, not the delay on the first leg.

Step 3: Request the airline’s reason in writing

Passengers should request a written explanation for the delay or cancellation. This can be useful if the airline later asserts extraordinary circumstances.

Step 4: Submit a clear, evidence-backed claim

A strong claim normally includes flight details, booking reference, passenger names, the disruption description, and supporting evidence. The request should specify that compensation is sought under EU261/2004 or UK261 (as applicable).

Step 5: Escalate if necessary

If an airline rejects or does not respond, passengers may consider escalation routes that may be available in the relevant jurisdiction, including alternative dispute resolution where applicable, or formal legal routes. Any escalation should be based on careful review of the airline’s stated reason, the evidence, and the regulation criteria.

Documents and Evidence to Keep

Good records can make the difference between a paid claim and a prolonged dispute.

• Boarding pass (or proof of check-in)
• Booking confirmation and itinerary
• Delay or cancellation notice from the airline (email, app message, or letter)
• Proof of actual arrival time where available
• Receipts for meals, transport, or hotel costs (if claiming reimbursement)
• Communications with the airline (screenshots, emails, chat transcripts)

FAQ

Does compensation depend on ticket price?

No. Under EU261/UK261, fixed compensation is generally based on flight distance and the nature of the disruption, not the ticket cost.

Is a 2-hour delay enough for compensation?

Not usually for fixed compensation. Compensation for delays generally requires an arrival delay of 3 hours or more at the final destination, assuming no applicable extraordinary circumstances. However, assistance (right to care) may be required earlier depending on distance and delay length.

Can passengers claim both compensation and expense reimbursement?

They can be separate. Fixed compensation addresses inconvenience, while reimbursements may apply for reasonable expenses incurred when the airline fails to provide required care.

What counts as extraordinary circumstances?

The regulation recognises that some events may be outside the airline’s control and not avoidable even with reasonable measures. Whether a particular disruption qualifies depends on the facts and evidence. Passengers should request the airline’s explanation and keep supporting documentation.

Do connecting flights matter?

Yes. For most delay-based compensation questions, the key timing is the delay on arrival at the final destination on the booking.

Conclusion

EU261/2004 and UK261 can provide meaningful rights for passengers facing long delays, cancellations, or denied boarding, including fixed compensation in qualifying situations and practical support such as meals, accommodation, and reimbursement of reasonable expenses. Passengers who keep records, understand the basic eligibility rules, and submit a clear, evidence-based claim are best positioned to enforce their rights and resolve disputes efficiently.