LOT Polish Airlines: Damaged baggage claim (UK261) — FAQ

Flight Delay Compensation Rights Under EU261/2004 and UK261

Passengers affected by airline disruption may have legal rights to care, refunds, rerouting, and in some cases cash compensation. Flight delay compensation is most commonly governed by EU Regulation 261/2004 (EU261) and its UK equivalent, UK261, depending on the route and the airline. These rules apply to many delayed flights departing from airports in the EU/EEA/UK, and to certain flights arriving into those regions when operated by an eligible carrier.

This guide explains who may qualify, what compensation amounts may be available, how to make a claim, what documents to keep, and how to handle common airline objections—using a practical approach consistent with EU261/2004 and UK261.

Eligibility for Flight Delay Compensation

Eligibility for flight delay compensation typically depends on the passenger’s route, the operating airline, and the length of the delay at arrival. Under EU261/2004 and UK261, compensation for delay generally becomes relevant when the passenger arrives at the final destination 3 hours or more after the scheduled arrival time, and when the disruption is within the airline’s responsibility.

When EU261/2004 or UK261 may apply

• Departures from the EU/EEA: EU261/2004 generally applies regardless of the airline.
• Arrivals into the EU/EEA: EU261/2004 may apply when the operating carrier is an EU/EEA carrier.
• Departures from the UK: UK261 generally applies regardless of the airline.
• Arrivals into the UK: UK261 may apply when the operating carrier is a UK/EU/EEA carrier, depending on the operating carrier’s status under the retained rules.

Delay is measured at arrival, not departure

For compensation purposes, the key measure is the delay at the final destination arrival time. A flight that departs late but makes up time and arrives under 3 hours late generally does not trigger compensation for delay.

Situations that may reduce or remove eligibility

Airlines may 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. Typical examples airlines may argue include certain severe weather, air traffic control restrictions, and some airport operational emergencies. Each case is fact-specific, and routine technical issues are not automatically extraordinary under the regulatory framework.

Compensation Amounts Under EU261/2004 and UK261

When a passenger qualifies for flight delay compensation, the amount is generally fixed by law and based mainly on flight distance and arrival delay length. The compensation is per passenger, not per booking.

• Up to 1,500 km: €250 (or the UK261 equivalent for UK-governed flights)
• 1,500–3,500 km: €400 (or equivalent)
• Over 3,500 km: €600 (or equivalent)

On certain long-haul routes with arrival delays in a lower band, the regulation allows for reduced compensation in some scenarios. Airlines frequently assess this based on the precise distance and the final arrival delay.

Compensation is separate from refunds and expenses

EU261/2004 and UK261 compensation is not the same as a ticket refund, and it is not the same as reimbursement for meals, hotels, or transport. A passenger may be entitled to care and assistance (and, where applicable, reimbursement of reasonable expenses) even when cash compensation is not owed due to extraordinary circumstances.

Claim Process: How to Request Flight Delay Compensation

A practical claim process typically involves identifying the governing regime (EU261/2004 or UK261), confirming the arrival delay at the final destination, and submitting a written claim to the operating airline.

Step-by-step approach

• Confirm eligibility: Record the scheduled and actual arrival time at the final destination, not just the departure delay.
• Check route and carrier: Determine whether EU261/2004 or UK261 applies based on departure/arrival location and operating airline.
• Submit a written claim: Use the airline’s online form or customer relations email and clearly request compensation under EU261/2004 or UK261.
• Request care/expense reimbursement where relevant: Attach receipts for meals, transport, or hotel costs if the airline failed to provide assistance.
• Keep communication in writing: Maintain copies of forms, emails, and responses.

What to say in the claim

A clear claim typically includes: passenger names, booking reference, flight number, date, route, scheduled vs. actual arrival time, and a direct request for statutory compensation under EU261/2004 or UK261. If expenses are claimed, the claim should list each cost, explain why it was necessary, and attach receipts.

Documents to Keep for a Successful Claim

Strong documentation often makes the difference when an airline challenges a flight delay compensation request. Passengers should keep:

• Boarding pass (or proof of check-in)
• Booking confirmation with passenger names and itinerary
• Delay evidence such as screenshots of arrival time, airport boards, or airline messages
• Receipts for meals, hotel accommodation, and transport (if claiming reimbursement)
• Written correspondence with the airline

When the trip involves connections, documents for all flight segments should be retained because compensation is assessed using the arrival delay at the final destination.

FAQ: Flight Delay Compensation and Passenger Rights

What counts as a 3-hour delay?

Under EU261/2004 and UK261, the relevant delay for compensation is typically the time the aircraft arrives at the gate at the final destination compared to the scheduled arrival time. A delay of 3 hours or more at that point is the usual threshold for delay compensation eligibility, subject to other conditions.

Do passengers still have rights if the delay was caused by extraordinary circumstances?

Even when compensation is not owed due to extraordinary circumstances, passengers may still be entitled to care and assistance depending on the delay length and circumstances. This can include meals, refreshments, and hotel accommodation with transport where an overnight stay becomes necessary, subject to proportionality and the airline’s obligations.

Can passengers claim compensation for a missed connection?

If a delay causes a missed connection and the passenger arrives at the final destination 3 hours or more late, compensation may be due under EU261/2004 or UK261 when the itinerary qualifies and the disruption is within the airline’s responsibility. The key measure remains the arrival delay at the final destination.

Is a voucher the same as compensation?

A voucher is not the same as statutory cash compensation. Airlines may offer vouchers as an alternative, but passengers generally have the right to request the compensation in money when eligible under EU261/2004 or UK261.

How long does an airline have to respond?

Response times vary by airline and workload. A passenger should keep written records and follow up if the airline does not respond within a reasonable period. Where escalation is necessary, the appropriate dispute resolution route depends on the airline, the country involved, and the applicable scheme.

Conclusion

Flight delay compensation under EU261/2004 and UK261 can provide fixed, legally defined payments when a passenger arrives 3 hours or more late and the disruption is within the airline’s control. Even when compensation is not available due to extraordinary circumstances, passengers may still have important rights to care and assistance. A well-documented claim that focuses on arrival delay, route eligibility, and clear supporting evidence is the most practical way to pursue the rights provided by the regulation.