Flydubai: Baggage delay compensation (Turkey SHY Passenger) — Checklist

Flight Delay Compensation Under EU261/2004 and UK261

Passengers may be entitled to flight delay compensation under EU Regulation 261/2004 (EU261) or the UK equivalent (UK261) when a flight arrives significantly late and the airline is responsible. These rules set out when compensation may be payable, what amounts may apply, and how passengers may submit a claim directly to the airline.

This guide explains eligibility, compensation amounts, the claim process, and the documents passengers typically need, with a practical focus on what to do after a delayed flight.

Eligibility for Flight Delay Compensation

Compensation may be available for delayed flights when the applicable regulation (EU261 or UK261) covers the journey and the delay meets the required threshold. Coverage depends on the departure airport, the operating carrier, and whether the flight is within the EU/UK regulatory scope.

Which regulation may apply

• EU261 may apply to flights departing from an airport in the EU, and in some cases to flights arriving into the EU when operated by an EU-based carrier.
• UK261 may apply to flights departing from an airport in the UK, and in some cases to flights arriving into the UK when operated by a UK-based carrier.

In practice, eligibility often turns on whether the flight departed from the EU/UK, and whether the airline operating the flight is an EU/UK carrier for inbound routes. The operating carrier (the airline that actually runs the flight) is usually responsible for compensation under these rules.

Delay threshold that may trigger compensation

Compensation for a delay is typically assessed based on the arrival delay (the time the aircraft doors open at the destination), not the departure delay. Under EU261/UK261 principles, compensation may be due when the flight arrives 3 hours or more late, provided the cause is within the airline’s responsibility and not due to extraordinary circumstances.

Extraordinary circumstances and airline responsibility

Compensation may be refused where 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. While the exact assessment is fact-specific, extraordinary circumstances often relate to events outside the airline’s control.

When delays are caused by issues within the airline’s control, compensation may be more likely. Passengers may strengthen a claim by keeping clear evidence of the reason given at the airport and the actual arrival time.

Compensation Amounts for Flight Delays

EU261/UK261 set compensation bands largely based on flight distance, and eligibility generally depends on arriving at least 3 hours late (subject to the airline’s defenses). The typical compensation amounts under these rules are:

• €250 for flights up to 1,500 km
• €400 for flights between 1,500 km and 3,500 km, and some other flights within the relevant region
• €600 for flights over 3,500 km (generally long-haul)

For UK261, compensation is paid in pounds sterling, with amounts aligned to the UK regulation’s structure. The exact figure may depend on the distance band and the applicable conversion or set GBP amounts used by the carrier and regulators at the time of payment.

What compensation covers

Compensation under EU261/UK261 is designed to address the inconvenience of the delay. It is separate from reimbursement of expenses and separate from any potential claim for additional losses under other legal routes. Passengers should not assume all related costs are covered by compensation alone.

Right to Care During a Delay

In addition to compensation, EU261/UK261 provide a right to care when passengers face long waits. Depending on delay length and flight distance, airlines may be required to provide assistance such as:

• Meals and refreshments in a reasonable relation to waiting time
• Access to communication (for example, emails or phone calls) where offered by the carrier
• Hotel accommodation and transport between the airport and accommodation when an overnight stay becomes necessary

If the airline does not provide care when it should, passengers may be able to seek reimbursement for reasonable out-of-pocket expenses. Receipts and proof of necessity are usually important.

How to Claim Flight Delay Compensation

Passengers typically submit claims directly to the operating airline. A clear, well-documented claim may reduce delays and back-and-forth communication.

Step-by-step claim process

• Confirm coverage under EU261 or UK261 based on route and operating carrier.
• Check the arrival delay using documented times (arrival is usually measured by door opening time).
• Submit a claim to the airline through its online claim form or customer relations channel, referencing EU261/UK261 as applicable.
• Request reimbursement for care expenses separately if the airline failed to provide required assistance, attaching itemized receipts.
• Escalate if refused by asking for a written explanation and reviewing the stated reason against the regulation’s principles.

Handling airline responses

If an airline refuses compensation, it may cite extraordinary circumstances or dispute the delay length. Passengers may ask the airline to specify:

• The exact cause of the delay
• Why it qualifies as extraordinary circumstances
• What reasonable measures were taken to avoid or reduce the delay
• The arrival time used in the assessment

Keeping communication in writing and retaining all supporting evidence can be helpful if the claim needs further review.

Documents and Evidence to Support a Claim

Airlines commonly request documents to verify booking details and delay information. Passengers may prepare the following:

• Booking confirmation or e-ticket receipt showing passenger name and itinerary
• Boarding pass (if available) or proof of check-in
• Proof of delay such as airport screenshots, airline emails/SMS, or contemporaneous notes
• Receipts for meals, transport, and hotel costs if claiming reimbursement under right to care
• Bank details for payment, if requested by the airline

Passengers should keep copies of everything submitted and note submission dates.

FAQ: Flight Delay Compensation

Is compensation based on departure delay or arrival delay?

Compensation is typically assessed based on arrival delay, commonly measured by when the aircraft doors open at the destination.

Can compensation be claimed for any delay?

Not every delay qualifies. Compensation is generally linked to arrival delays of 3 hours or more and may be refused where the airline proves extraordinary circumstances and reasonable measures were taken.

Does a passenger still have rights during a shorter delay?

Depending on circumstances, passengers may have right to care entitlements during long waits even if compensation is not ultimately paid. Eligibility for care depends on delay length and route distance.

Can both compensation and reimbursement of expenses be claimed?

Compensation (for inconvenience) and reimbursement for reasonable care expenses (when the airline failed to provide required assistance) may be separate issues. Claims should clearly differentiate between the two.

Who pays compensation under EU261/UK261?

The operating carrier is usually responsible for paying compensation, even when a flight is marketed by a different airline.

Conclusion

EU261/2004 and UK261 may provide meaningful protection for passengers facing long flight delays, including potential compensation and the right to care. Eligibility depends on the route, the operating carrier, the length of the arrival delay, and whether the cause was within the airline’s responsibility. A successful claim is often supported by clear records of the itinerary, delay duration, and any expenses incurred.

Passengers seeking flight delay compensation may improve outcomes by submitting a complete claim promptly, keeping all receipts, and requesting detailed written reasons if an airline refuses payment.