AJet: How to claim step-by-step (EU261) — Rights & Amounts

Flight Delay Compensation Under EU261/2004 and UK261

Passengers flying to, from, or within Europe may have legally protected rights when a flight is delayed, cancelled, or overbooked. The main rules come from EU Regulation 261/2004 (often called “EU261”) and its UK equivalent (“UK261”), which applies to qualifying flights involving the United Kingdom. Understanding when compensation is available, how much may be owed, and how to file a claim can help travellers pursue what the law allows.

Eligibility for Compensation

Compensation under EU261/2004 or UK261 depends on the flight’s route, the operating airline, the length of the delay at arrival, and the cause of the disruption. These rules apply to the operating carrier (the airline that actually operated the flight), even if the ticket was purchased from another company.

When EU261/2004 Applies

• Flights departing from an EU/EEA airport, regardless of the airline’s nationality
• Flights arriving in the EU/EEA operated by an EU/EEA carrier

When UK261 Applies

• Flights departing from the UK, regardless of the airline’s nationality
• Flights arriving in the UK operated by a UK carrier

Delay Thresholds That Typically Matter

For flight delay compensation, the key measure is usually the arrival delay at the final destination on the booking. A claim for compensation is generally considered where the arrival delay is 3 hours or more, provided the disruption was within the airline’s responsibility under the regulation.

Connecting Flights and Final Destination

Where a booking includes connections under one itinerary, the relevant delay is typically the delay on arrival at the final destination. A short delay on one segment may still qualify if it causes a missed connection and the final arrival is delayed by 3 hours or more.

Extraordinary Circumstances and Airline Responsibility

Compensation may not be owed if the airline can show the delay or cancellation was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The assessment depends on the facts of the disruption.

Examples that may be considered extraordinary can include certain severe weather events, air traffic control restrictions, or security risks. Issues more closely tied to the airline’s normal operations are less likely to qualify as extraordinary. Each claim depends on evidence about what happened and what steps the airline took.

Compensation Amounts

Under EU261/2004 and UK261, compensation is commonly set by distance bands. The amounts are typically expressed in euros under EU261, with UK261 using the UK framework (often paid in pounds sterling depending on the airline). The distance is usually calculated as the great-circle distance between origin and destination on the affected journey.

Standard Compensation Bands (Typical EU261 Structure)

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

Possible Reductions in Some Re-Routing Scenarios

Where an airline offers re-routing and the passenger arrives within certain time limits compared to the original schedule, compensation can sometimes be reduced. The exact reduction rules depend on distance and the length of the arrival delay after re-routing.

Refunds and Rebooking Rights (Separate From Compensation)

Compensation is not the same as a refund. In many disruption situations, passengers may also have the right to choose between:

• Reimbursement of the ticket price for the unused part (and sometimes used parts if the journey no longer serves its purpose)
• Re-routing at the earliest opportunity
• Re-routing at a later date at the passenger’s convenience, subject to seat availability

Right to Care: Meals, Accommodation, and Communications

When a delay is long enough, airlines may owe a “right to care,” which can include reasonable meals and refreshments, access to communications, and hotel accommodation with transport where an overnight stay becomes necessary. These obligations can apply even where compensation is not owed, depending on the circumstances and the length of the wait.

How to File a Claim

A practical claim process typically involves documenting the disruption, submitting a written claim to the operating airline, and keeping careful records. Many airlines provide online claim forms, though claims can also be submitted in writing.

Step-by-Step Claim Approach

• Confirm the operating airline and the flight details on the booking
• Calculate the arrival delay at the final destination
• Identify the applicable regime (EU261/2004 or UK261)
• Submit a claim to the airline with supporting documents
• Keep copies of all communications, receipts, and evidence

What to Include in the Claim

• Passenger name(s) exactly as on the booking
• Flight number, date, and route
• Booking reference and ticket details
• Scheduled and actual arrival times
• A clear statement requesting compensation under EU261/2004 or UK261 (as applicable)
• Bank details or the airline’s preferred method for payment processing

Documents to Gather

Strong documentation improves the chances of a smooth claim. Passengers may wish to compile:

• Boarding pass and e-ticket confirmation
• Proof of delay (screenshots of airport boards, airline notifications, or arrival time evidence)
• Receipts for meals, transport, and hotel costs where applicable
• Written communications with the airline or travel provider
• Evidence of re-routing and the time of arrival at the final destination

Frequently Asked Questions

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

No. EU261/2004 and UK261 are statutory passenger rights regimes. Travel insurance is separate and may cover additional losses, but it is not required to pursue compensation under these regulations.

Are all flight delays over 3 hours automatically compensated?

No. A delay of 3 hours or more at arrival is a common threshold, but compensation generally depends on whether the cause falls within the airline’s responsibility under the regulation and whether any extraordinary circumstances apply.

Can a passenger claim compensation for a cancelled flight?

Cancellation can qualify for compensation depending on the timing of notice, the replacement flight offered, and whether extraordinary circumstances apply. Separate rights to refund or re-routing may also apply.

What if a passenger accepts a voucher?

Airlines may offer vouchers, but passengers are often entitled to request payment by bank transfer or other methods. The effect of accepting a voucher can depend on the terms accepted and the specific facts, so passengers should keep written records of what was agreed.

Who pays compensation when the flight is sold by one airline but operated by another?

Responsibility typically rests with the operating carrier. Claims should usually be directed to the airline that operated the disrupted flight.

Conclusion

EU261/2004 and UK261 provide structured passenger rights for flight delays, cancellations, and denied boarding on qualifying journeys. When a delay reaches 3 hours or more at arrival and the cause falls within the airline’s responsibility, passengers may be entitled to fixed-sum compensation based on flight distance, alongside separate rights to care, rebooking, or refund depending on the situation. A careful, evidence-based claim submitted to the operating airline remains the most practical route to enforcing these rights.