Finnair: Lost baggage claim (Montreal Convention) — Documents You Need

Flight Delay Compensation Under EU261/2004 and UK261

Air passenger rights in Europe are largely governed by EU Regulation 261/2004 (EU261) and its UK equivalent (UK261). These rules can entitle eligible passengers to compensation when a flight is significantly delayed, cancelled, or when boarding is denied, provided specific conditions are met. This guide explains how eligibility works, what compensation amounts may apply, and how to submit a practical, well-documented claim.

Eligibility for Flight Delay Compensation

Compensation eligibility depends on several factors, including the length of the delay at arrival, the flight’s routing, the operating carrier, and whether the disruption was caused by circumstances within the airline’s control.

Which flights are covered by EU261/2004

• Departures from the EU/EEA/Switzerland: Covered regardless of the airline’s nationality.
• Arrivals into the EU/EEA/Switzerland: Covered only if the operating airline is an EU/EEA/Swiss carrier.

Which flights are covered by UK261

• Departures from the UK: Covered regardless of the airline’s nationality.
• Arrivals into the UK: Covered when the operating airline is a UK or EU carrier, in line with UK261 scope as retained law.

Delay threshold at arrival

For flight delay compensation, the key measurement is typically the delay at the final destination (arrival time). A delay generally must be 3 hours or more at arrival to potentially qualify for compensation.

Extraordinary circumstances

Even if the delay threshold and routing conditions are met, compensation may not be due if the airline can show the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Common examples often cited include certain severe weather events, air traffic control restrictions, and some security risks. Each claim depends on the specific facts and evidence available.

Compensation Amounts (EU261/UK261)

When compensation is due, the amount is typically determined by the flight distance and the length of the delay at arrival. The standard EU261 amounts are set in euros, and UK261 uses equivalent amounts in pounds sterling.

Standard compensation bands

• €250: Short-haul flights (generally up to 1,500 km), when eligible.
• €400: Medium-haul flights (generally 1,500–3,500 km), when eligible.
• €600: Long-haul flights (generally over 3,500 km), when eligible.

For certain long-haul itineraries with smaller arrival delays, reduced compensation may apply under the regulation’s structure. Eligibility and amount should be assessed based on the specific route and arrival delay.

How to Claim Flight Delay Compensation

A claim is usually made directly to the operating airline. The process is commonly similar across carriers, though required forms and response times differ.

Step-by-step claim process

• Confirm key details: operating airline, flight number, date, booking reference, and final arrival delay.
• Check coverage: confirm the flight falls under EU261/UK261 based on departure/arrival and carrier status.
• Identify cause where possible: note what the airline communicated (e.g., technical issue, crew, weather, ATC).
• Submit the claim: use the airline’s webform or customer relations email and cite EU261/2004 or UK261 as applicable.
• Keep records: save copies of the submission, any automated confirmations, and replies.
• Escalate if needed: if denied or ignored, escalation routes may include Alternative Dispute Resolution (ADR) where available, or the relevant national enforcement body, depending on the circumstances and jurisdiction.

Documents to Support a Claim

Well-organised evidence can reduce delays and disputes. Passengers typically benefit from keeping the following documents and records.

Recommended documents

• Booking confirmation and itinerary: showing passenger name, flight number(s), and schedule.
• Boarding pass (if available): paper or digital.
• Proof of delay at arrival: screenshots from airline notifications, airport boards, or reliable flight tracking showing actual arrival time.
• Written communications from the airline: emails, app messages, SMS updates, and gate announcements if documented.
• Receipts for care and assistance costs: food, refreshments, transport, or accommodation where applicable and reasonable.

Care and Assistance During Long Delays

Separate from compensation, EU261/UK261 provide for care and assistance in certain delay scenarios, typically including meals and refreshments, access to communications, and, where necessary, hotel accommodation and transport between the airport and accommodation. Entitlement depends on delay length and distance bands, and on the practical availability of assistance at the time.

FAQ

Does a passenger need to accept vouchers instead of cash?

Compensation is generally due in money (for example, bank transfer or cheque). Vouchers may be offered, but acceptance is typically optional.

Is compensation available if the passenger arrived late because of a missed connection?

Compensation may be available if the passenger’s final arrival time at the destination is at least 3 hours late and the journey falls within EU261/UK261 scope. The assessment usually considers the delay at the final destination on the booking.

Can a passenger claim if the airline says the delay was caused by weather or air traffic control?

Compensation may not be due if the cause qualifies as extraordinary circumstances and the airline took reasonable measures. However, eligibility depends on the specific facts, and supporting evidence and clear explanations from the airline are important.

Can passengers also claim reimbursement of expenses?

Care and assistance obligations can apply during long delays, and reasonable expenses supported by receipts may be reimbursable in some situations. This is separate from fixed compensation and depends on the circumstances and the airline’s handling of assistance.

How long does an airline have to respond?

Response times vary by airline and jurisdiction. Passengers usually benefit from keeping a timeline of communications and escalating through the airline’s complaints pathway or appropriate dispute resolution channels if responses are not received.

Conclusion

EU261/2004 and UK261 can provide meaningful protection to air passengers facing long flight delays, including fixed compensation in eligible cases and practical care during disruptions. A successful claim typically relies on confirming that the flight is within scope, documenting the delay at arrival, and submitting a clear request with supporting evidence to the operating airline.