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Flight Delay Compensation Under EU261/2004 and UK261

Passengers departing from an EU airport, or flying into the EU with an EU-based carrier, may have rights to flight delay compensation under EU Regulation 261/2004 (EU261). Passengers flying from the United Kingdom, or flying into the UK with a UK-based carrier, may have similar rights under UK261. These rules can apply when a flight delay causes late arrival at the final destination and the disruption is within the airline’s responsibility.

This guide explains common eligibility rules, potential compensation amounts, and how to make a claim under EU261/2004 or UK261, using a practical, passenger-focused approach.

Eligibility for Flight Delay Compensation

Under EU261/2004 and UK261, eligibility typically depends on the route, carrier, delay length at arrival, and the reason for the delay. Compensation is not automatic in every situation.

When EU261 can apply

• Flights departing from an EU/EEA airport (regardless of airline), and
• Flights arriving in the EU/EEA from a non-EU/EEA airport when operated by an EU/EEA airline.

When UK261 can apply

• Flights departing from a UK airport (regardless of airline), and
• Flights arriving in the UK from outside the UK when operated by a UK airline.

Delay measured at arrival (not departure)

Under EU261/UK261, the key metric is the delay at the final destination. The arrival time is generally understood as when at least one aircraft door is opened and passengers are permitted to disembark. In many cases, compensation is considered when the arrival delay is 3 hours or more, subject to the cause of the disruption and other conditions.

Extraordinary circumstances can defeat compensation

Airlines may refuse compensation where the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Commonly cited examples may include certain severe weather events, air traffic control restrictions, and some security risks. Routine operational issues are not automatically extraordinary, and each case typically requires a fact-specific assessment.

Ticket and travel conditions

• Passengers generally must have a confirmed reservation and present themselves for check-in on time (unless the airline advises otherwise).
• Claims are commonly linked to travel on a paid ticket or certain eligible booking types; the specific circumstances of the booking can matter.
• For connecting flights under a single booking, the delay is usually assessed at the final destination shown on the booking.

Compensation Amounts for Flight Delays (EU261/UK261)

Compensation bands are based primarily on flight distance and the length of the arrival delay. The following amounts are the standard EU261/UK261 compensation levels, expressed in euros as commonly referenced in EU261 guidance (UK261 uses a sterling equivalent in practice).

Standard compensation bands

• €250 for flights up to 1,500 km
• €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 over 3,500 km

Common delay threshold

Compensation is commonly associated with arrival delays of 3 hours or more, provided the cause is not an extraordinary circumstance and other eligibility conditions are satisfied.

Right to care (meals, communications, and accommodation)

Separate from compensation, EU261/UK261 can provide a right to care during significant delays. Depending on the length of the delay and the flight distance, airlines may need to offer reasonable assistance such as meals and refreshments, access to communications, and hotel accommodation plus transport where an overnight stay becomes necessary.

How to Claim Flight Delay Compensation

Passengers typically claim directly with the operating airline. A clear, well-documented submission usually helps move the process forward.

Step-by-step claim process

• Identify the applicable regime: EU261 or UK261 based on route and carrier.
• Confirm arrival delay: Use the final destination arrival time, especially for connections.
• Gather evidence: Booking confirmation, boarding pass, and proof of delay if available.
• Submit a claim to the airline: Use the airline’s official claim form or customer relations channel.
• Keep copies of communications: Save emails, screenshots, and any reference numbers.
• Escalate if necessary: If the airline rejects the claim, passengers may consider alternative dispute resolution (where available), a national enforcement body, or court proceedings, depending on jurisdiction and circumstances.

Claiming for connecting flights

If the journey is on a single booking and the passenger arrives at the final destination 3 hours or more late, compensation may be considered even if the first flight segment was only slightly delayed. The operating carrier responsible for the disrupted segment is often the relevant party, although practical handling can vary by itinerary and airline arrangements.

Documents and Evidence to Support a Claim

Airlines typically require basic travel details and may request supporting proof. The passenger’s goal is usually to show the booking, the passenger’s presence on the flight, and the arrival delay.

Helpful documents

• Booking confirmation or e-ticket receipt showing passenger name and itinerary
• Boarding pass or proof of check-in
• Any written confirmation of delay/cancellation from the airline (email, app notification, SMS)
• Receipts for expenses claimed under the right to care (meals, hotel, transport), where applicable
• Photos/screenshots of airport information boards, where available

Expense recovery vs compensation

Compensation under EU261/UK261 is separate from reimbursement of reasonable expenses due to a delay. Receipts are commonly required for expense reimbursement, while compensation depends more on eligibility rules and the reason for the disruption.

FAQ: EU261/UK261 Flight Delay Compensation

What delay duration typically qualifies for compensation?

Compensation is commonly considered where the passenger arrives at the final destination 3 hours or more after the scheduled arrival time, provided the disruption is not caused by extraordinary circumstances and the flight falls within EU261/UK261 scope.

Do passengers receive compensation for bad weather delays?

If the delay is caused by extraordinary circumstances such as certain severe weather events, compensation may be refused. However, the airline may still owe a duty of care depending on the situation and duration of the delay.

Does a passenger still have rights if the delay was announced at the airport?

Rights under EU261/UK261 are generally tied to the actual arrival delay and the cause of disruption, not when the passenger first learned about it. The supporting evidence and airline records typically determine the outcome.

Can passengers claim if they accepted vouchers or assistance at the airport?

Accepting meals, hotel accommodation, or other duty-of-care assistance does not usually remove the right to claim compensation, if compensation is otherwise due. If an airline offers a settlement, voucher, or alternative arrangement in exchange for waiving compensation, the terms should be read carefully.

Is compensation available for delays on non-EU airlines?

EU261 can apply to any airline when the flight departs from an EU/EEA airport. For flights arriving into the EU/EEA from outside the EU/EEA, EU261 generally requires the operating carrier to be EU/EEA-based. UK261 follows a similar structure for UK departures and UK-based carriers on inbound routes.

What if the airline says the delay was due to extraordinary circumstances?

An airline may deny compensation on that basis. Passengers can request a clear explanation and keep records of what was communicated. If the passenger disagrees, escalation through dispute resolution or legal avenues may be considered depending on the route, jurisdiction, and available remedies.

Conclusion

EU261/2004 and UK261 can provide meaningful protections for passengers facing long flight delays, including potential compensation and a right to care. Eligibility usually turns on the route, the operating carrier, the arrival delay at the final destination, and whether the cause falls within the airline’s responsibility. A well-organised claim with the right documents can help passengers pursue the compensation and reimbursements they may be entitled to under the applicable rules.