Austrian Airlines: Baggage delay compensation (Montreal Convention) — Documents You Need

Flight Delay Compensation (EU261/2004 and UK261): How to Claim What You May Be Owed

Flight disruption can derail travel plans and create unexpected costs. Under EU261/2004 and its UK equivalent (commonly referred to as UK261), air passengers may be entitled to flight delay compensation, reimbursement, re-routing, and a right to care in certain situations. This guide explains when compensation may apply, how much may be available, and how to file a practical, well-supported claim.

Eligibility for flight delay compensation

EU261/2004 and UK261 protection generally depends on where the flight departs from, the airline’s operating carrier status, and how long the arrival delay is at the final destination.

When EU261/2004 may apply

• Departing from an EU/EEA airport, regardless of airline, may fall under EU261/2004.
• Arriving in the EU/EEA on an EU/EEA carrier from a non-EU/EEA airport may fall under EU261/2004.

When UK261 may apply

• Departing from a UK airport, regardless of airline, may fall under UK261.
• Arriving in the UK on a UK carrier from a non-UK airport may fall under UK261.

Delay length that typically triggers compensation

For flight delay compensation, the key measure is usually the delay on arrival at the final destination.

• 3 hours or more on arrival may qualify for compensation, depending on cause and other conditions.

Situations where compensation may not be due

Airlines may not have to pay flight delay compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. These can include certain severe weather events, air traffic control restrictions, and some security risks. Each case depends on the facts, and airlines generally must explain the reason for the disruption.

Compensation amounts under EU261/2004 and UK261

Compensation is typically based on flight distance and length of delay. The amounts below are the standard EU261/2004 figures, and UK261 uses equivalent amounts in pounds sterling set by UK rules and practice.

• Up to 1,500 km: €250 per passenger (or UK equivalent)
• 1,500 km to 3,500 km: €400 per passenger (or UK equivalent)
• Over 3,500 km: €600 per passenger (or UK equivalent)

For some long-haul journeys, compensation may be reduced in specific circumstances where arrival delay falls within certain thresholds. Eligibility and any reduction depend on route type and delay length at arrival.

Right to care during long delays

Separate from compensation, EU261/2004 and UK261 can require airlines to provide care and assistance during qualifying delays, generally including:

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

If the airline does not provide care when required, passengers may be able to seek reimbursement for reasonable out-of-pocket expenses, supported by receipts.

How to claim flight delay compensation

A successful flight delay compensation claim usually relies on clear documentation and a direct request to the operating airline.

Step 1: Confirm the operating carrier and actual arrival delay

• Identify the operating airline (the carrier that operated the flight, not necessarily the seller of the ticket).
• Record the arrival time at the final destination, as the arrival delay is typically measured by when at least one aircraft door opens and passengers can disembark.

Step 2: Gather the reason for the delay

Airlines often cite technical issues, operational constraints, weather, or air traffic control. Since compensation can depend on whether the cause was within the airline’s control, it is helpful to keep written notifications, airport announcements if available, and any email or app updates.

Step 3: Submit the claim to the airline

• Use the airline’s official claims channel (webform or customer relations email).
• Request EU261/2004 compensation or UK261 compensation as applicable.
• Include booking details, passenger names, flight number, date, route, and requested compensation amount.

Step 4: Keep the claim focused and evidence-based

Claims tend to progress more smoothly when they are concise and supported with documents. If the airline rejects the claim, it typically helps to request the specific disruption reason and whether extraordinary circumstances are being relied on.

Documents to support a flight delay claim

Passengers generally benefit from preparing a complete set of supporting materials. Useful documents usually include:

• Booking confirmation or e-ticket receipt
• Boarding pass (if available) or proof of check-in
• Receipts for meals, transport, and hotel costs claimed under the right to care
• Written delay confirmations from the airline (emails, app notifications, or customer service messages)
• Bank details for payment (provided only through official and secure airline processes)

FAQ

Does a delay need to be 3 hours to get compensation?

Flight delay compensation is typically linked to an arrival delay of 3 hours or more at the final destination, provided the flight is eligible under EU261/2004 or UK261 and the disruption was not caused by extraordinary circumstances.

Is compensation different from reimbursement?

Yes. Compensation is a fixed amount intended to address inconvenience. Reimbursement and care relate to out-of-pocket costs and assistance during disruption. A passenger may be entitled to one or more of these remedies depending on the situation.

Can connecting flights qualify?

Connecting itineraries may qualify if the arrival delay at the final destination meets the relevant threshold and the itinerary falls within EU261/2004 or UK261. The airline responsible is usually the operating carrier for the disrupted segment, depending on how the booking and journey were structured.

What if the airline says the delay was caused by extraordinary circumstances?

Airlines may deny flight delay compensation by relying on extraordinary circumstances. Passengers generally benefit from requesting a clear written explanation and keeping all evidence. Whether the circumstances qualify and whether reasonable measures were taken can be fact-specific.

How long does an airline have to respond?

Response times vary by airline and jurisdiction. Passengers typically keep copies of all correspondence and follow up in writing if no response is received within a reasonable period.

Conclusion

EU261/2004 and UK261 can provide meaningful protections when a flight is significantly delayed, including fixed compensation in eligible cases and practical assistance at the airport. A well-prepared claim supported by clear travel documents, receipts, and accurate arrival delay details can improve the chances of a timely outcome.