IndiGo: Flight cancellation compensation (US DOT rules) — How It Works

Flight Delay and Cancellation Compensation Under EU261/2004 and UK261

Air passengers departing from airports in the EU, or flying into the EU on an EU/EEA/Swiss carrier, may have rights to care and financial compensation under Regulation (EC) No 261/2004 (commonly referred to as EU261/2004). Passengers departing from the United Kingdom, or arriving in the UK on a UK/EU carrier covered by the UK regime, may have similar rights under UK261 (the UK’s retained version of the rules).

These rules can apply when a flight is delayed, cancelled, or when boarding is denied due to overbooking. Eligibility depends on factors such as the route, the operating carrier, the length of delay on arrival, and whether the disruption was caused by “extraordinary circumstances.”

Eligibility for Compensation (EU261/2004 and UK261)

When the rules generally apply

• Departing from the EU/EEA/Switzerland: EU261/2004 can apply regardless of the airline’s nationality, provided the flight departs from an EU/EEA/Swiss airport.
• Arriving into the EU/EEA/Switzerland: EU261/2004 can apply if the operating carrier is an EU/EEA/Swiss carrier.
• Departing from the UK: UK261 can apply regardless of airline nationality, provided the flight departs from a UK airport.
• Arriving into the UK: UK261 can apply when the operating carrier is a UK or EU carrier covered by the UK rules.

Which flights are usually eligible

• Long delays: Compensation is generally assessed by the delay at final destination, often with a key threshold of 3 hours or more on arrival for compensation (subject to exceptions).
• Cancellations: A cancelled flight may trigger compensation unless sufficient notice was given and/or suitable rerouting was offered within specified timing limits, or if extraordinary circumstances apply.
• Denied boarding: If boarding is denied against the passenger’s will (for example due to overbooking), compensation is typically owed unless the passenger voluntarily gives up the seat in exchange for agreed benefits.

Situations that can prevent compensation

Compensation is not generally payable when the airline can show that the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Whether a circumstance qualifies depends on the facts and evidence. Passengers should note that not every operational or technical issue will qualify as extraordinary.

Compensation Amounts

Under EU261/2004, compensation is set in fixed amounts (in euros) based primarily on flight distance and delay length for delays and rerouted arrivals. Under UK261, the framework is similar, with compensation amounts set in pounds sterling.

EU261/2004 fixed compensation (typical bands)

• €250: flights up to 1,500 km
• €400: intra-EU flights over 1,500 km and other flights between 1,500 km and 3,500 km
• €600: flights over 3,500 km (generally for long-haul routes)

In certain rerouting scenarios where arrival delay is reduced below specific thresholds, the airline may be able to reduce compensation by 50% under the regulation’s rules.

UK261 fixed compensation (typical bands)

• £220: flights up to 1,500 km
• £350: flights between 1,500 km and 3,500 km
• £520: flights over 3,500 km

As with EU261/2004, reductions can apply in some rerouting situations depending on the delay at arrival.

How to Claim Compensation

Step 1: Confirm the operating carrier and route coverage

Claims are typically made against the operating carrier (the airline that actually operated the flight), not necessarily the airline that sold the ticket. Code-share flights can make this important to verify.

Step 2: Identify the disruption type and arrival delay

• Delay: The key measure is often the delay at final destination, not departure delay.
• Cancellation: The timing of notice and the rerouting offered can affect entitlement.
• Denied boarding: Whether the passenger volunteered is relevant to compensation.

Step 3: Submit a claim to the airline

Airlines commonly provide an online form for EU261/2004 or UK261 claims. The claim typically requires flight details, booking reference, passenger information, and a summary of what occurred.

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

If the airline rejects the claim or fails to respond within a reasonable period, escalation options may include an approved alternative dispute resolution body (where available and applicable), the relevant national enforcement body, or court action. The best path depends on the airline, jurisdiction, and circumstances.

Right to Care (Meals, Accommodation, and Rebooking)

Separate from fixed compensation, EU261/2004 and UK261 provide a right to care in qualifying situations, which may include:

• Meals and refreshments proportionate to the waiting time
• Two communications (such as calls or emails)
• Hotel accommodation and transport between airport and hotel where an overnight stay is necessary
• Reimbursement or rerouting to the final destination under comparable transport conditions

These care obligations can apply even where compensation is not ultimately payable due to extraordinary circumstances, depending on the facts.

Documents and Evidence to Support a Claim

• Booking confirmation and e-ticket receipt
• Boarding pass (if available)
• Proof of delay or cancellation (airline emails/SMS, airport screenshots, rebooking confirmation)
• Receipts for expenses (meals, hotel, transport) if claiming reimbursement under right to care
• Notes of what happened (times, announcements, and any written statements provided at the airport)

Clear documentation can help establish the timing, the final destination arrival delay, and any out-of-pocket costs.

FAQ

Is compensation based on departure delay or arrival delay?

Compensation for delays is typically assessed using the delay on arrival at the final destination, which may differ from the departure delay.

Can passengers claim if the flight was delayed due to bad weather?

Severe weather can qualify as extraordinary circumstances in many cases, which may prevent compensation. However, the right to care may still apply depending on the situation, and each case depends on the evidence and the steps the airline took.

Does a passenger lose rights if they accept a rerouted flight?

Accepting rerouting does not automatically remove the right to compensation. The arrival delay at the final destination and the rerouting conditions can affect whether compensation is owed and whether any reduction applies.

Can passengers claim for missed connections?

Missed connections can be eligible where the overall delay at the final destination meets the relevant threshold and the itinerary falls within EU261/2004 or UK261 scope. The operating carrier and the booking structure can matter.

Is compensation available for strikes?

Whether a strike counts as extraordinary circumstances depends on the circumstances and the nature of the strike. Passengers may still have right-to-care protections.

Conclusion

EU261/2004 and UK261 can provide practical protections when flights are delayed, cancelled, or boarding is denied. Eligibility usually turns on route coverage, the operating airline, the delay at final destination, and whether extraordinary circumstances apply. Passengers can improve their chances of a smooth claim by keeping travel documents, recording key timings, and retaining receipts for reasonable expenses covered under the right to care.