Kuwait Airways: Missed connection compensation (US DOT rules) — Mistakes to Avoid

Flight Delay Compensation Under EU261/2004 and UK261

Passengers affected by significant flight disruption may have rights to compensation and assistance under EU Regulation 261/2004 (EU261) or the UK equivalent (UK261). These rules apply in many common travel scenarios, including delayed flights, cancellations, and denied boarding. Understanding when compensation is available, how much may be owed, and how to file a claim can help affected travellers act quickly and confidently.

Eligibility for Flight Delay Compensation

Compensation eligibility depends on (1) whether EU261 or UK261 applies, (2) the length of the delay at arrival, and (3) the cause of the disruption. Compensation is separate from the airline’s duty of care (meals, communication, and possibly accommodation) and separate from refunds or rerouting options.

When EU261 may apply

EU261 generally applies to:

• Flights departing from an EU/EEA airport or Switzerland, regardless of airline nationality
• Flights arriving into an EU/EEA airport or Switzerland when operated by an EU/EEA/Swiss carrier

When UK261 may apply

UK261 generally applies to:

• Flights departing from a UK airport, regardless of airline nationality
• Flights arriving into the UK when operated by a UK carrier

Delay threshold at arrival

For flight delays, compensation typically depends on arriving at the final destination 3 hours or more after the scheduled arrival time. The relevant measurement is arrival time at the final destination (when at least one aircraft door is opened), not departure delay.

Extraordinary circumstances

Even if a delay exceeds the relevant threshold, compensation may not be owed if the airline can show the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The assessment is fact-specific and depends on evidence. Passengers should note that airlines still usually owe duty of care during qualifying delays even when compensation is not payable.

Compensation Amounts (EU261/UK261)

When compensation is due, the amount is generally based on the flight distance and, in some cases, the length of the delay. The standard compensation bands under EU261 are:

• €250 for flights up to 1,500 km
• €400 for flights between 1,500 km and 3,500 km (and certain other flights over 1,500 km within the EU/EEA)
• €600 for flights over 3,500 km

Under the regulations, there are scenarios where compensation may be reduced by 50% if the passenger is rerouted and arrives within certain time limits, depending on distance and delay length. In practice, passengers should preserve rerouting details because they can affect the final compensation calculation.

Right to Care and Assistance During a Delay

EU261/UK261 also provides a right to care and assistance once a delay reaches certain thresholds, generally based on flight distance. This can include:

• Meals and refreshments appropriate to waiting time
• Two communications (for example, phone calls or emails)
• Hotel accommodation and transport between the airport and accommodation when an overnight stay becomes necessary

If the airline does not provide care at the airport when it should, passengers may be able to claim reimbursement for reasonable expenses. Receipts and proof of necessity are important.

How to Claim Compensation

A practical claim process typically follows these steps:

• Confirm the operating carrier (the airline that actually operated the flight) because claims generally go to the operating carrier, not necessarily the booking company.
• Record the delay at arrival to the final destination, including the actual arrival time.
• Request the reason for the delay from the airline in writing, if possible.
• Submit a claim to the airline using its customer relations channel or claim form, referencing EU261/UK261 as applicable.
• Escalate if needed by using any available escalation route, such as an approved alternative dispute resolution (ADR) body where applicable, or the relevant national enforcement body (NEB) for the jurisdiction, depending on the route and airline.

Passengers should keep communications factual and focused on the legal criteria: applicability (EU261 or UK261), arrival delay duration, flight distance band, and why the airline’s stated cause may or may not qualify as extraordinary circumstances.

Documents and Evidence to Gather

Well-organised evidence can materially improve a claim’s success. Passengers should retain:

• Booking confirmation and e-ticket receipt
• Boarding pass (or proof of check-in where boarding pass is unavailable)
• Flight number, date, and route details
• Evidence of arrival time at the final destination (for example, messages from the airline, airport records, or contemporaneous screenshots)
• Written explanation from the airline about the delay cause, if provided
• Receipts for meals, transport, and accommodation if claiming duty-of-care reimbursement

FAQ

Is compensation owed for any delay?

Compensation typically requires an arrival delay of at least 3 hours and the absence of extraordinary circumstances, with EU261/UK261 applicability depending on route and operating carrier.

Does a missed connection count as a delay?

If the passenger arrives at the final destination 3 hours or more late due to a missed connection on a protected itinerary, compensation may be available if EU261/UK261 applies and other criteria are met.

Can passengers claim both a refund and compensation?

Compensation is a separate right from ticket refunds or rerouting options, but the available remedies depend on the disruption type and the choices made at the time. Refund and rerouting rules are distinct from compensation rules and may affect what is recoverable overall.

What if the airline offers vouchers?

Passengers are not generally required to accept vouchers instead of a cash compensation payment where compensation is owed. If a voucher is offered, passengers should ensure they understand the terms before accepting.

How long do passengers have to claim?

Time limits vary depending on the legal jurisdiction and where a claim is brought. Passengers should check the limitation period that applies to their route and forum and act promptly.

Conclusion

EU261/2004 and UK261 can provide meaningful protection for passengers facing long delays, including fixed-sum compensation in eligible cases and practical assistance during the wait. A careful assessment of route eligibility, arrival delay duration, and the airline’s stated cause is central to understanding whether compensation is due. Keeping clear records and submitting a structured claim supported by documents can help passengers enforce their rights effectively.