Norwegian: Flight cancellation compensation (Montreal Convention) — How It Works

Flight Delay Compensation Claim Guide (EU261/2004 and UK261)

Flight delays can be stressful and expensive, especially when they cause missed connections, overnight stays, or lost holiday time. Under EU261/2004 and the UK’s retained version of the same rules (often called UK261), many passengers may be entitled to flight delay compensation and basic care (such as meals and accommodation) in certain situations. This guide explains who may be eligible, how much compensation may be available, how to claim, and what documents to keep.

Eligibility for Flight Delay Compensation

Eligibility depends on where the flight departed from, where it was going, the airline’s operating status (EU/UK carrier or not), the length of the delay at arrival, and the reason for the delay.

When EU261/2004 may apply

• Departing from an EU/EEA airport (including Iceland, Norway, and Switzerland): EU261/2004 can apply regardless of the airline.
• Arriving into the EU/EEA on an EU/EEA carrier: EU261/2004 can apply when the operating carrier is based in the EU/EEA (including Iceland, Norway, and Switzerland).

When UK261 may apply

• Departing from a UK airport: UK261 can apply regardless of the airline.
• Arriving into the UK on a UK carrier: UK261 can apply when the operating carrier is a UK airline.

Delay threshold at arrival

For compensation, the relevant delay is typically measured at arrival (when at least one aircraft door is opened and passengers are permitted to disembark). Generally, compensation may be available when the delay at arrival is 3 hours or more, depending on circumstances.

Extraordinary circumstances (when compensation may not be owed)

Airlines may deny compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Whether something is “extraordinary” depends on the facts. Examples often cited include certain severe weather events or air traffic control restrictions. Many operational issues may not qualify as extraordinary. Each case should be assessed based on evidence and the specific cause given by the airline.

Compensation Amounts Under EU261/2004 and UK261

If compensation is due, the standard amounts are typically based on flight distance and length of delay at arrival. The amounts below reflect commonly applied EU261/UK261 compensation levels.

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

For certain long-haul flights, compensation may be reduced in some circumstances if the arrival delay is below specific thresholds. Airlines may also offer vouchers, but passengers can generally request monetary compensation where the rules apply.

Right to Care and Assistance During Delays

Separate from compensation, EU261/UK261 can require airlines to provide care and assistance during qualifying delays. This may include:

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

If the airline does not provide care when it should, passengers may be able to claim reimbursement for reasonable expenses, supported by receipts.

How to Make a Flight Delay Compensation Claim

A practical claim process usually involves confirming eligibility, gathering evidence, writing to the operating airline, and escalating if necessary.

Step 1: Confirm the operating carrier and delay at arrival

The operating carrier (the airline that actually flew the plane) is typically responsible under EU261/UK261. The delay should be measured at arrival, not departure.

Step 2: Request the reason for the delay in writing

Airlines often categorize delay causes broadly. A written explanation can be helpful if compensation is disputed on the basis of “extraordinary circumstances.”

Step 3: Submit the claim to the airline

Most airlines provide an online form. The claim should include passenger details, booking references, flight information, and the requested compensation amount under EU261/UK261.

Step 4: Keep communication and set a reasonable response deadline

Airlines may take time to respond. Keeping a record of dates, emails, and case numbers supports follow-up and escalation.

Step 5: Escalate if denied or ignored

If the airline refuses compensation and the passenger believes the refusal is unjustified, escalation options may include:

• Using an approved alternative dispute resolution (ADR) scheme where available and applicable
• Contacting the relevant national enforcement body (NEB) for guidance on regulatory compliance
• Considering court action within applicable limitation periods, where appropriate

Documents and Evidence to Keep

Strong documentation can improve the chances of a successful flight delay compensation claim.

• Booking confirmation and e-ticket receipt
• Boarding pass (or proof of check-in)
• Proof of delay at arrival (screenshots, airport notices, written confirmations)
• Receipts for meals, transport, and accommodation if claiming reimbursement
• Photos of airport information screens, if available
• Written correspondence with the airline

FAQ

Does a 2-hour delay qualify for EU261/UK261 compensation?

Compensation typically requires an arrival delay of 3 hours or more. However, shorter delays can still trigger the airline’s right to care obligations depending on distance and circumstances.

Is compensation due if the airline offers a voucher?

Airlines may offer vouchers, but passengers can generally request payment in money where EU261/UK261 compensation applies. Accepting a voucher may affect later rights depending on the terms accepted.

What if the delay caused a missed connection?

If the passenger was booked on a single itinerary and arrived at the final destination 3 hours or more late, compensation may be available subject to eligibility and extraordinary circumstances.

Can passengers claim for expenses as well as compensation?

Compensation and expense reimbursement can be separate. When care was required but not provided, reasonable expenses supported by receipts may be reimbursable. Compensation depends on meeting the relevant delay and eligibility criteria.

How long do passengers have to claim?

Time limits can vary by jurisdiction and route. Passengers should act promptly and check the applicable limitation period for the country whose rules govern the claim.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when a flight arrives significantly late, including standardized compensation in eligible cases and the right to care during qualifying delays. A successful flight delay compensation claim typically depends on the arrival delay length, route eligibility, the operating carrier, and whether extraordinary circumstances genuinely apply. Keeping clear records, submitting a concise claim, and escalating through appropriate channels can improve the likelihood of a fair outcome.