ITA Airways: Compensation time limits (Turkey SHY Passenger) — Examples & Scenarios

Flight Compensation Under EU261/2004 and UK261

Flight disruption can cause significant inconvenience, especially when it affects onward travel, accommodation plans, or business commitments. Under EU Regulation 261/2004 (EU261) and its UK equivalent (UK261), passengers may have legal rights to compensation and assistance when a flight is delayed, cancelled, or when a passenger is denied boarding in certain circumstances.

This guide explains, in practical terms, when compensation may apply, how compensation amounts are calculated, what steps to follow to submit a claim, and what documents are typically required.

Eligibility for Compensation

Compensation under EU261 or UK261 is not automatic for every disruption. Eligibility depends on the route, the airline, the type of disruption, the length of delay, and whether the disruption was caused by extraordinary circumstances.

When EU261 May Apply

• Departures from an EU/EEA airport: EU261 generally applies to flights departing from airports in the EU/EEA, regardless of the airline’s nationality.
• Arrivals into an EU/EEA airport with an EU/EEA carrier: EU261 generally applies to flights arriving into the EU/EEA if operated by an EU/EEA airline.

When UK261 May Apply

• Departures from a UK airport: UK261 generally applies to flights departing from the UK, regardless of the airline’s nationality.
• Arrivals into the UK with a UK/EU/EEA carrier: UK261 generally applies to certain inbound flights to the UK where the operating airline meets the regulation’s scope.

Types of Disruption Covered

• Flight delays: Compensation may be available when the passenger arrives at the final destination 3 hours or more after the scheduled arrival time, depending on the cause.
• Flight cancellations: Compensation may be available depending on how much notice was provided and the timing of any rebooked arrival.
• Denied boarding: Compensation may be available when boarding is denied against the passenger’s will (commonly due to overbooking), provided the passenger presented themselves correctly for check-in and boarding.

Extraordinary Circumstances

Airlines are not required to pay compensation if they can show the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. These situations are fact-specific and must be assessed case by case. Passengers may still be entitled to care and assistance, even when compensation is not due.

Compensation Amounts (EU261/UK261)

Under EU261 and UK261, compensation is generally based on the flight distance and the length of the arrival delay (or the impact of re-routing following a cancellation). The commonly referenced standard compensation bands are:

• Up to 1,500 km: €250
• 1,500–3,500 km: €400
• Over 3,500 km: €600

Under UK261, amounts are set in pounds sterling and broadly mirror the EU261 structure in value, though the exact amount payable and currency handling may vary depending on circumstances.

In some re-routing scenarios, compensation may be reduced by 50% if the passenger is offered an alternative flight that arrives within certain time thresholds set by the regulation.

Passenger Rights to Care and Assistance

Separate from compensation, EU261 and UK261 provide rights to assistance when disruption reaches certain thresholds. This may include:

• Meals and refreshments in reasonable relation to the waiting time
• Two communications (such as phone calls, emails, or fax messages)
• Hotel accommodation and transport between the airport and hotel when an overnight stay is necessary
• Re-routing or refund options in qualifying cancellation and delay situations, depending on the circumstances

Airlines typically provide vouchers or arrange services directly, but where passengers pay out of pocket, it is usually important to keep receipts and ensure expenses are reasonable and necessary.

How to Claim Flight Compensation

A structured approach improves the likelihood of a smooth claim process. The steps below are commonly followed for EU261/UK261 claims.

Step 1: Confirm the Operating Airline and Route

Eligibility depends on the operating carrier (the airline that actually flew or would have flown the flight) and the departure/arrival airports. Codeshare marketing information may differ from the operating airline responsible under the regulation.

Step 2: Record the Actual Arrival Delay

For delay claims, the key metric is typically the time of arrival at the gate at the final destination, not the takeoff time. Where a journey includes connections, the delay should be assessed at the final destination on the booking.

Step 3: Request the Reason for Disruption

Airlines may cite operational, technical, weather, air traffic control, or other causes. The stated reason can affect whether extraordinary circumstances apply. Passengers generally benefit from retaining written confirmation where available.

Step 4: Submit the Claim to the Airline

Most airlines provide an online form for EU261/UK261 compensation requests. Claims typically require booking details, flight number, travel date, and passenger names. Passengers should keep copies of what was submitted and any responses received.

Step 5: Escalate if Necessary

If the airline rejects the claim or does not respond within a reasonable period, passengers may have further options such as alternative dispute resolution (where available and applicable) or escalation to a relevant national enforcement body, depending on the route and regulatory scope. Legal action may also be an option in some cases, subject to limitation periods and procedural rules.

Documents to Prepare

Having clear documentation can support both compensation and reimbursement requests. Commonly useful documents include:

• Booking confirmation showing passenger names and itinerary
• Boarding pass or proof of check-in (where available)
• Proof of disruption such as email/SMS notifications, airport information screens, or written airline statements
• Receipts for meals, accommodation, and transport if reimbursement is being requested
• Bank details for payment, if the airline requests them

FAQ

Is compensation available for a delay of less than 3 hours?

Compensation is commonly linked to arrival at the final destination 3 hours or more after the scheduled arrival time. Shorter delays may still trigger the right to care and assistance, depending on distance and waiting time thresholds.

Does a cancelled flight always lead to compensation?

No. Compensation depends on factors such as the amount of notice provided, whether a suitable alternative was offered, the arrival time of the alternative flight, and whether extraordinary circumstances apply.

Can passengers claim for missed connections?

Where travel is on a single booking and the disruption results in arrival at the final destination 3 hours or more late, compensation may be available if the flight falls within EU261 or UK261 scope and if extraordinary circumstances do not apply.

Can passengers claim for expenses as well as compensation?

Yes. Compensation and reimbursement for reasonable care-related expenses are separate concepts. Even where compensation is not payable due to extraordinary circumstances, assistance and reimbursement may still be relevant depending on the situation and what the airline provided.

How long does a passenger have to claim?

Time limits vary depending on whether EU261 or UK261 applies and the legal rules of the relevant jurisdiction. Passengers generally benefit from acting promptly and checking the limitation period that applies to their specific circumstances.

Conclusion

EU261/2004 and UK261 can provide meaningful protections when passengers face flight delays, cancellations, or denied boarding. Eligibility depends on the route, airline, delay length, and the cause of disruption, with extraordinary circumstances affecting compensation but not necessarily eliminating the right to care and assistance.

Passengers can strengthen their position by documenting what happened, keeping receipts for reasonable expenses, and submitting a clear claim to the operating airline. Where disputes arise, escalation routes may be available depending on the journey and applicable regulation.