Brussels Airlines: Lost baggage claim (Montreal Convention) — Documents You Need

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

Flight delays can disrupt plans, create unexpected costs, and cause significant stress. Under EU Regulation 261/2004 (EU261) and, for many UK-related journeys, UK261, passengers may be entitled to flight delay compensation and certain types of assistance. This guide explains, in practical terms, when compensation may be available, how much it can be, and how to make a claim correctly.

Eligibility for Flight Delay Compensation

Eligibility depends on where the flight departs from or arrives to, the operating airline, the length of the delay at arrival, and the reason for the disruption.

When EU261 applies

• Departing from an EU/EEA airport (including EU member states, plus EEA states), regardless of the airline’s nationality; or
• Arriving into the EU/EEA on an EU/EEA-based carrier.

When UK261 applies

• Departing from a UK airport, regardless of the airline’s nationality; or
• Arriving into the UK on a UK-based carrier.

Delay length: the key threshold is arrival time

For delay compensation under EU261/UK261, the standard threshold is usually a delay of 3 hours or more at final destination. “Arrival” is typically assessed by when at least one aircraft door opens and passengers are permitted to disembark.

Connecting flights and final destination

For itineraries with a connection booked under a single reservation, the relevant delay is measured at the final destination, not at the intermediate stop. A missed connection can qualify if the passenger arrives at the final destination 3 hours or more late and other eligibility rules are met.

When compensation may be refused: extraordinary circumstances

Even when a flight arrives 3+ hours late, compensation may be denied if the airline can show the delay was caused by extraordinary circumstances and that it took all reasonable measures to avoid or reduce the delay.

Examples that may qualify as extraordinary circumstances can include certain severe weather events, air traffic control restrictions, and some security-related incidents. Each case is fact-specific, and airlines may still owe care and assistance even when compensation is not payable.

Compensation Amounts Under EU261 and UK261

Compensation is typically calculated based on the flight distance and the length of delay at arrival. The standard fixed amounts are:

• €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

Under UK261, the amounts are set in pounds sterling and are broadly equivalent in structure, reflecting the same distance bands.

Reduced compensation in certain rerouting scenarios

In some circumstances where the airline offers rerouting and the passenger arrives within a specified time window, compensation may be reduced. The exact reduction depends on flight distance and the arrival delay after rerouting.

Care and Assistance During a Delay

Separate from compensation, EU261/UK261 can require airlines to provide care and assistance during long delays. Depending on delay length and flight distance, this can include:

• Meals and refreshments in reasonable relation to 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 appropriate care, 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 claim is usually built on clear evidence, correct legal framing, and persistence.

Step 1: Identify which law applies (EU261 or UK261)

The applicable regime depends primarily on departure airport, arrival airport, and the airline’s operating carrier status (EU/EEA, UK, or neither). Claims should be directed under the correct set of rules to avoid unnecessary delay.

Step 2: Confirm the arrival delay at final destination

Document the actual arrival delay at final destination. Boarding time or takeoff delay is not the main metric for compensation; arrival delay is.

Step 3: Request the reason for the delay in writing

Airlines often state a general reason at the airport, but a written statement or official message can be helpful later. If the airline relies on extraordinary circumstances, it should be able to explain the basis for that position.

Step 4: Submit a claim to the operating airline

Compensation claims are typically made to the operating carrier (the airline that operated the flight), not necessarily the airline that sold the ticket. Claims are commonly submitted via the airline’s website form or customer relations contact method.

Step 5: Escalate if needed

If the airline rejects a valid claim or does not respond within a reasonable time, escalation routes may include alternative dispute resolution where available, the relevant national enforcement body, or court proceedings where appropriate. The correct escalation route depends on the route, carrier, and the passenger’s circumstances.

Documents and Evidence to Keep

Strong documentation can materially improve the chances of success. Useful items include:

• Boarding pass and e-ticket/booking confirmation
• Proof of routing and connections under the same booking
• Written delay notifications or emails/messages from the airline
• Photos of departure boards showing delay information (where available)
• Receipts for meals, transport, and accommodation if the airline did not provide care

FAQ: Flight Delay Compensation

Does a delay need to be 3 hours at departure or arrival?

For compensation, the key measure is typically arrival delay at the final destination. A long departure delay may still result in no compensation if the aircraft arrives less than 3 hours late.

Can passengers claim for a missed connection?

If the itinerary was booked as a single reservation and the passenger reaches the final destination 3 hours or more late, compensation may be available under EU261/UK261, subject to the reason for the delay and whether extraordinary circumstances apply.

Can compensation be claimed if the airline offered vouchers or miles?

EU261/UK261 compensation is typically a cash entitlement, and passengers are not required to accept vouchers instead. If an alternative is accepted, passengers should check the terms carefully before agreeing.

Can passengers claim both reimbursement of costs and compensation?

Care and assistance (and reimbursement of reasonable expenses when care was not provided) is separate from fixed compensation. Depending on circumstances, both may be relevant.

Is compensation available for delays caused by weather or air traffic control?

Some weather events and air traffic control restrictions may qualify as extraordinary circumstances, which can remove the airline’s obligation to pay fixed compensation. However, airlines may still owe care and assistance during qualifying delays.

Who should receive the compensation payment?

Compensation is generally payable to the affected passenger(s). When multiple passengers are on the same booking, each eligible passenger can have an individual entitlement.

Conclusion

EU261 and UK261 can provide meaningful rights when a flight arrives late, including fixed flight delay compensation in eligible cases and care and assistance during long disruptions. A well-prepared claim typically focuses on the arrival delay at the final destination, confirms which legal regime applies, and supports the request with clear evidence. When airlines deny a claim on extraordinary circumstances, the stated reason and supporting details matter, and passengers can consider escalation routes when appropriate.