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Flight Delay Compensation Under EU261/2004 and UK261

Passengers experiencing flight delays may be entitled to financial compensation and additional care under EU Regulation 261/2004 (EU261) or the UK equivalent (UK261). These rules apply in many common travel scenarios and can provide fixed compensation amounts when strict conditions are met. This guide explains when compensation may be available, how much may be claimed, and how to make a claim in a practical, evidence-based way.

Eligibility for Flight Delay Compensation

Eligibility depends on the route, the operating airline, the length of the delay at arrival, and the reason for the disruption. EU261 and UK261 share broadly the same structure, but the applicable regime depends on whether the journey falls under EU law or UK law.

When EU261 may apply

• Departures from the EU/EEA/Switzerland: EU261 may apply regardless of the airline’s nationality.
• Arrivals into the EU/EEA/Switzerland: EU261 may apply when the operating carrier is an EU/EEA carrier.

When UK261 may apply

• Departures from the UK: UK261 may apply regardless of the airline’s nationality.
• Arrivals into the UK: UK261 may apply when the operating carrier is a UK carrier.

Delay threshold for compensation

Delay-based compensation is generally assessed by the delay at final destination arrival (not departure delay). Compensation may be due when arrival is 3 hours or more late, provided the cause is not considered an extraordinary circumstance and the passenger has a confirmed reservation and checked in on time (unless check-in was made impossible by the disruption).

Connecting flights and final destination

For itineraries with connections sold under the same booking, the arrival delay is measured at the final destination on that booking. A shorter delay on the first leg may still lead to a 3+ hour arrival delay at the end of the journey.

Situations that can prevent compensation

EU261/UK261 compensation is not automatic. Airlines may refuse compensation where they can show the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. These situations are assessed case-by-case.

Compensation Amounts (EU261/UK261)

Where compensation is due, amounts are fixed and primarily based on flight distance. The figures below are set by regulation and are commonly applied under both EU261 and UK261.

• €250 for flights of 1,500 km or less
• €400 for flights within the EU over 1,500 km, and for other flights between 1,500 km and 3,500 km
• €600 for flights of more than 3,500 km

On some long-haul routes, the amount may be reduced by 50% in certain re-routing scenarios where arrival delay is limited. Whether a reduction applies depends on case-specific timing and distance conditions set out in the regulation.

Right to Care and Assistance During a Delay

Separate from cash compensation, EU261/UK261 may require airlines to provide care and assistance when delays reach certain lengths, depending on distance. This may include:

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

If the airline does not provide required care, passengers may be able to reclaim reasonable out-of-pocket expenses, supported by receipts. Claims are stronger when spending is proportionate and evidenced.

How to Claim Flight Delay Compensation

A structured approach improves outcomes and reduces back-and-forth with the airline.

Step 1: Identify the operating airline and applicable rules

Claims should be submitted to the operating carrier (the airline that actually flew or would have flown the flight). The applicable regulation typically depends on whether the flight is under EU261 or UK261 based on departure/arrival and carrier type.

Step 2: Confirm the arrival delay at final destination

Arrival delay is typically measured by the moment at least one aircraft door opens at the gate. Passengers should record scheduled vs actual arrival time at the final destination on the booking.

Step 3: Submit a written claim to the airline

A claim should include flight details, booking reference, passenger names, the delay duration, and the legal basis under EU261/UK261. It is generally advisable to request both:

• Fixed compensation where 3+ hour arrival delay applies and no extraordinary circumstances are established
• Reimbursement for care expenses where appropriate, with receipts

Step 4: Escalate if the airline refuses or does not respond

If the airline rejects the claim or provides no meaningful response, escalation options may include an airline-approved alternative dispute resolution body (where available), a relevant national enforcement body, or legal proceedings. The suitability of each option depends on the passenger’s route, airline, and the specific dispute.

Documents and Evidence to Prepare

Well-documented claims tend to be processed more smoothly. Useful supporting materials include:

• Boarding pass and/or e-ticket confirmation
• Booking confirmation showing the itinerary and passenger names
• Proof of delay (screenshots of airport/airline notifications, emails, or contemporaneous notes)
• Receipts for meals, transport, or accommodation paid due to the delay
• Communication records with the airline (claim submission, reference numbers, responses)

FAQ

Does a departure delay qualify for compensation?

Compensation is generally assessed based on arrival delay at the final destination. A late departure can still qualify if it results in arrival 3 hours or more late and the other conditions are met.

Is compensation available for cancellations as well as delays?

EU261/UK261 also cover cancellations, but the rules differ and may depend on when notice was given and what re-routing was offered. A cancellation can sometimes result in compensation similar to delay compensation if the legal conditions are met.

Can passengers claim if the airline says the cause was “extraordinary”?

Airlines may deny compensation if they can demonstrate extraordinary circumstances and that reasonable measures were taken. Passengers can request a clear explanation and supporting details and may dispute the refusal through escalation routes.

Does accepting refreshments or a hotel waive compensation rights?

Receiving care (meals, hotel, transport) does not generally remove the right to claim compensation if the compensation criteria are met. Care and compensation are separate rights under the regulation.

Can multiple passengers on the same booking claim?

Compensation is typically calculated per passenger, provided each passenger meets the conditions for eligibility.

Conclusion

EU261/2004 and UK261 may provide passengers with meaningful protections when flights are severely delayed, including fixed compensation in eligible cases and a right to care during long waits. Successful claims generally rely on confirming the applicable rules, measuring delay at the final destination, and supporting the request with clear documentation. When an airline refuses a claim, structured escalation may help ensure passenger rights are properly considered.