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Flight Delay Compensation Under EU261/2004 and UK261: A Practical Guide

Flight delays can cause missed connections, lost time, and unexpected costs. Under EU Regulation 261/2004 (EU261) and its UK equivalent (UK261), eligible passengers may be entitled to compensation and assistance when a flight is significantly delayed. This guide explains when compensation may apply, how much may be available, and how to make a claim in a practical, step-by-step way.

Eligibility for Flight Delay Compensation

Compensation eligibility generally depends on the flight’s departure or arrival location, the operating airline, the length of the delay at final destination, and the reason for the disruption. EU261 and UK261 have similar frameworks, but the applicable regime depends on the route and carrier.

When EU261 May Apply

• Flights departing from an EU/EEA airport (regardless of airline), or
• Flights arriving into the EU/EEA operated by an EU/EEA airline.

When UK261 May Apply

• Flights departing from a UK airport (regardless of airline), or
• Flights arriving into the UK operated by a UK or EU/EEA airline (as typically covered under UK261 conditions).

Delay Threshold: Arrival Time Matters

For compensation, the key measurement is usually the delay at arrival at the final destination (when at least one aircraft door opens and passengers are permitted to disembark). Under established interpretation of the rules, compensation is typically considered when the arrival delay is 3 hours or more.

Situations Where Compensation May Not Be Owed

Airlines are generally not required to pay EU261/UK261 compensation when the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Examples often include:

• Severe weather conditions affecting flight operations
• Air traffic control restrictions
• Security risks
• Airport closures or certain operational restrictions outside the airline’s control

Not every “operational issue” automatically qualifies as extraordinary. The airline usually must explain the cause and why it could not be prevented with reasonable measures.

Compensation Amounts (EU261/UK261)

For eligible delays of 3+ hours on arrival, compensation is generally based on flight distance. Amounts are set in euros under EU261. Under UK261, compensation is paid in pounds sterling at the applicable regulated conversion level used in practice by UK enforcement and airlines.

• Up to 1,500 km: €250
• 1,500–3,500 km: €400
• Over 3,500 km: €600

Reduced Compensation in Some Re-Route Scenarios

In certain cases where a passenger is re-routed and arrives within a specified time window, the airline may be permitted to reduce the compensation by 50% depending on distance and arrival delay. Whether a reduction applies depends on the exact rerouting and final arrival time.

Right to Care: Meals, Refreshments, and Accommodation

Separate from compensation, EU261/UK261 provide a right to care during substantial delays. Depending on waiting time and distance, airlines may have to provide:

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

If the airline does not provide care when required, passengers may be able to reclaim reasonable expenses, supported by receipts.

How to Claim Flight Delay Compensation

A well-prepared claim typically improves the chance of a timely decision. The process usually follows these steps.

Step 1: Confirm Eligibility and Identify the Operating Airline

The claim should be made to the operating airline (the carrier that actually flew or was scheduled to fly the aircraft), not necessarily the ticket seller or codeshare marketing airline.

Step 2: Submit the Claim to the Airline in Writing

Most airlines provide an online EU261/UK261 claim form. The claim should include flight details, booking reference, passenger names, and the actual arrival delay. The request should clearly state that compensation is sought under EU261/2004 or UK261, as applicable.

Step 3: Keep Records of All Responses

Airlines may request additional information or deny claims based on extraordinary circumstances. Passengers should keep all emails, screenshots, and reference numbers.

Step 4: Escalate if Necessary

If an airline rejects a claim or does not respond within a reasonable period, passengers may consider escalation options depending on the route and airline:

• Using an airline’s alternative dispute resolution (ADR) scheme, if available and applicable
• Contacting the relevant national enforcement body (NEB) for guidance (note that NEBs typically do not adjudicate individual compensation like a court, but may assist with compliance)
• Considering court action within the applicable limitation period in the relevant jurisdiction

Documents to Support a Delay Compensation Claim

Airlines commonly ask for evidence that confirms the booking and the impacted passengers. Useful documents include:

• Booking confirmation and e-ticket receipt
• Boarding pass (if available)
• Proof of delay or arrival time (airline notification, airport screens photo, or flight tracking records)
• Receipts for meals, transport, or accommodation (for right-to-care reimbursement)
• Any rerouting details provided by the airline

FAQ

Does a delay have to be 3 hours at departure or arrival?

Compensation is typically assessed based on the arrival delay at the final destination. A late departure does not automatically mean compensation is owed if the arrival delay ends up being under 3 hours.

Can compensation be claimed for missed connections?

If the booking was a single itinerary and the passenger arrived at the final destination 3+ hours late, compensation may be available, subject to other eligibility criteria and extraordinary circumstances.

Is compensation available if the airline provided vouchers or a meal?

Care (meals, accommodation) and compensation are separate concepts. Receiving care does not necessarily remove the right to compensation if the legal criteria are met.

Can the airline refuse compensation due to extraordinary circumstances?

An airline may refuse compensation if it shows the delay was caused by extraordinary circumstances and that reasonable measures would not have avoided the delay. The exact facts of the disruption matter.

Is a passenger still covered if the ticket was bought through a travel agent or platform?

EU261/UK261 rights generally attach to the passenger and the flight. Claims are normally made to the operating airline, regardless of where the ticket was purchased.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when a flight arrives 3+ hours late, including fixed compensation amounts based on distance and practical assistance during long waits. Passengers who keep documents, record arrival delays, and submit a clear written claim to the operating airline are generally better positioned to enforce their rights when eligible.