Wizz Air: Compensation time limits (EU261) — Examples & Scenarios

Flight Delay Compensation Under EU261/2004 and UK261

Passengers affected by flight delays may have rights to compensation and assistance under EU Regulation 261/2004 (EU261) or the UK equivalent (UK261). These rules can apply when a flight arrives late, is cancelled, or a passenger is denied boarding, depending on the route, the airline, and the circumstances. This guide explains when flight delay compensation may be available, how much it can be, and how to make a claim in a practical, evidence-based way.

Eligibility for Flight Delay Compensation

Eligibility for flight delay compensation depends on whether EU261 or UK261 applies, the length of the delay on arrival, and whether the cause was within the airline’s control.

When EU261 may apply

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

When UK261 may apply

• Flights departing from a UK airport, regardless of airline nationality
• Flights arriving into the UK operated by a UK carrier (and in certain cases where UK261 is otherwise applicable following the UK’s retained law framework)

Delay threshold: arrival delay is what matters

For most delay compensation claims, the key measure is delay at final destination on arrival, not the departure delay. Compensation is commonly linked to an arrival delay of 3 hours or more, provided the disruption was not caused by extraordinary circumstances.

Situations that can affect eligibility

• Connecting itineraries: If flights are on a single booking, the arrival delay at the final destination is typically assessed.
• Re-routing: If the airline re-routes the passenger and the arrival delay is reduced, compensation may be reduced or not due depending on timing and distance.
• Notice and cancellations: Cancellations can trigger similar rights, but the rules can differ based on notice and re-routing offered.

Compensation Amounts Under EU261/UK261

Where a passenger qualifies, compensation under EU261/UK261 is generally set in fixed amounts based primarily on flight distance, and can be reduced in some re-routing cases.

• €250 for flights up to 1,500 km
• €400 for intra-EU flights over 1,500 km and other flights between 1,500 km and 3,500 km
• €600 for flights over 3,500 km

Under UK261, the fixed compensation amounts are set in pounds sterling equivalents under retained UK law. The exact payable figure may vary with the applicable conversion framework and any statutory updates, but the distance bands and structure reflect the EU model.

When compensation may be reduced

Compensation may be reduced (often by 50%) where the airline offers re-routing and the passenger arrives within certain time thresholds relative to the scheduled arrival time, depending on distance band. The exact reduction depends on the arrival delay after re-routing.

Extraordinary Circumstances and Common Denial Reasons

Airlines can refuse compensation if they can show the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Whether something qualifies is fact-specific.

Examples often argued as extraordinary circumstances

• Severe weather conditions affecting safe operation
• Air traffic control restrictions
• Security risks or airport closures
• Political instability

Issues commonly within the airline’s responsibility

Many operational and technical problems are typically within the airline’s control. However, each case depends on evidence and the precise cause of delay, including what measures the airline took to prevent or mitigate the disruption.

Right to Care: Assistance During the Delay

Separate from compensation, EU261/UK261 can provide a right to care when passengers face long delays. This may include:

• Meals and refreshments appropriate to the waiting time
• Two communications (such as phone calls or emails)
• Hotel accommodation where an overnight stay becomes necessary
• Transport between the airport and accommodation (where applicable)

Entitlement depends on delay length and flight distance. Passengers should keep receipts if they pay for essentials themselves, particularly if the airline does not provide assistance at the airport.

How to Claim Flight Delay Compensation

A well-organised claim typically improves the chance of a clear outcome. The process below reflects common best practice for EU261/UK261 claim handling.

Step 1: Confirm the regulation and route

Passengers should confirm whether EU261 or UK261 applies based on the departure country, arrival country, and operating carrier.

Step 2: Calculate the arrival delay

The relevant delay is usually measured as the time the aircraft doors open at the final destination compared to the scheduled arrival time.

Step 3: Submit the claim to the operating airline

Claims are typically made to the operating carrier, not necessarily the airline that sold the ticket. Passengers should use the airline’s official compensation form or customer relations channel where available.

Step 4: Keep communications in writing

Passengers should keep a record of claim submissions, airline replies, booking documents, and any delay confirmations or notifications received.

Step 5: Escalate if necessary

If an airline rejects the claim and the passenger believes the decision is incorrect, escalation routes can include alternative dispute resolution (where available), the relevant national enforcement body, or legal action in the appropriate jurisdiction. The best route can depend on flight route, airline, and the passenger’s place of residence.

Documents to Support a Compensation Claim

Passengers generally benefit from collecting and retaining evidence as early as possible. Useful documents may include:

• Booking confirmation and itinerary
• Boarding pass (or proof of check-in)
• Delay or cancellation notifications from the airline
• Any written reason provided for the delay
• Receipts for meals, transport, and accommodation during the disruption
• Proof of arrival time if there is a dispute (for example, timestamped messages or airport records where available)

FAQ: Flight Delay Compensation

Does a passenger need travel insurance to claim EU261/UK261 compensation?

No. EU261/UK261 compensation is a statutory right where the conditions are met. Travel insurance can cover additional losses, but it is separate from regulation-based compensation.

Is compensation available for delays under 3 hours?

Compensation for delay typically requires an arrival delay of 3 hours or more under EU261/UK261, subject to exceptions and the airline’s ability to prove extraordinary circumstances.

If the airline offers vouchers, can a passenger still claim cash?

Compensation under EU261/UK261 is generally payable in money (such as cash, bank transfer, or cheque). Vouchers may be offered, but acceptance can be optional. Passengers should review any voucher terms carefully before agreeing.

Can compensation be claimed for missed connections?

Potentially, yes. If the passenger was on a single booking and arrived at the final destination 3 hours or more late, EU261/UK261 may apply depending on route and operating carrier.

What if the delay was caused by weather?

Severe weather can qualify as an extraordinary circumstance, but outcomes depend on the facts, including how the weather affected the specific flight and whether reasonable measures were taken to avoid or reduce the delay.

Conclusion

Flight delay compensation under EU261/2004 and UK261 can provide meaningful redress when passengers arrive significantly late and the disruption was within the airline’s responsibility. In addition to compensation, passengers may also have a right to care, including meals, accommodation, and transport in qualifying situations. A successful claim typically comes down to confirming which regulation applies, measuring the arrival delay accurately, and submitting a well-documented request to the operating airline.