Air Arabia: Flight delay compensation (Turkey SHY Passenger) — Complete Guide

Flight Delay Compensation Under EU261/2004 and UK261

Flight delays can disrupt travel plans, create unexpected costs, and cause significant inconvenience. Under EU261/2004 and the UK’s retained version of these rules (commonly called UK261), passengers may be entitled to compensation and/or assistance when a flight is delayed, depending on the route, carrier, and reason for the disruption. This guide explains when compensation may apply, how much may be available, and how a passenger can make a claim in practice.

Eligibility for Flight Delay Compensation

Eligibility for compensation under EU261/2004 or UK261 generally depends on three key factors: the flight’s geographic scope, the operating airline, and the length of the delay at arrival. Compensation is not automatic for every delay, and airlines may avoid paying compensation if the delay was caused by extraordinary circumstances.

When EU261/2004 may apply

• Departures from an EU/EEA airport: EU261/2004 generally applies to flights departing from an EU/EEA airport, regardless of the airline’s nationality.
• Arrivals into the EU/EEA on an EU/EEA carrier: EU261/2004 generally applies to flights arriving into the EU/EEA if the operating airline is an EU/EEA carrier.

When UK261 may apply

• Departures from the UK: UK261 generally applies to flights departing from a UK airport, regardless of airline nationality.
• Arrivals into the UK on a UK/EU carrier: UK261 may apply to flights arriving into the UK where the operating airline falls within the scope of the UK rules.

Delay length at arrival

For compensation purposes, the key measurement is typically the delay on arrival at the final destination (often when at least one aircraft door is opened and passengers can disembark). In many cases, compensation is considered when the arrival delay is 3 hours or more, subject to the airline’s defenses and the route conditions.

Operating carrier responsibility

Claims under EU261/2004 and UK261 are generally made against the operating airline, meaning the airline that actually performed the flight, even if the ticket was sold by a different airline or travel company.

Extraordinary circumstances (when compensation may be withheld)

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 circumstances qualify is fact-specific. Examples that are often assessed in practice include severe weather, air traffic control restrictions, and certain security risks. Routine operational issues typically require closer scrutiny, and passengers may still be entitled to assistance even when compensation is not payable.

Compensation Amounts for Flight Delays

Compensation under EU261/2004 and UK261 is typically based on the flight distance and the length of the delay, subject to eligibility and extraordinary circumstances. Amounts are set in euros under EU261/2004 and are broadly mirrored under UK261 in local currency terms.

Standard compensation bands (EU261/2004 reference amounts)

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

On certain long-haul journeys, compensation may be reduced in specific scenarios depending on the length of the delay and the route category under the regulation. The airline’s assessment should align with the applicable legal framework for the specific itinerary.

Right to care and assistance during long delays

Separate from compensation, passengers may be entitled to care and assistance during qualifying delays. Depending on delay length and distance, this may include:

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

If an airline does not provide required assistance, a passenger may be able to seek reimbursement for reasonable and proportionate expenses, supported by receipts.

How to Claim Flight Delay Compensation

A practical claim process generally involves documenting the disruption, submitting a claim to the operating airline, and escalating the matter if needed. The steps below apply broadly under EU261/2004 and UK261.

Step 1: Confirm basic eligibility

• Check whether the flight falls under EU261/2004 or UK261 based on departure/arrival and carrier
• Confirm the arrival delay at the final destination
• Identify the operating airline responsible for the flight

Step 2: Request the reason for delay

Airlines commonly cite reasons such as weather, air traffic control decisions, technical issues, or operational constraints. The stated reason can influence whether extraordinary circumstances are likely to apply, but the airline should still demonstrate that the conditions meet the legal standard and that reasonable measures were taken.

Step 3: Submit the claim to the airline

Most airlines provide an online form for EU261/2004 or UK261 claims. A complete submission typically includes flight details, passenger information, booking references, and documented delay evidence. The claim should be directed to the operating carrier.

Step 4: Escalate if the airline refuses or does not respond

If an airline rejects a claim and the passenger believes the decision is incorrect, escalation options may include:

• Using an approved alternative dispute resolution body, where available
• Submitting a complaint to a relevant national enforcement body, depending on jurisdiction
• Seeking legal redress where appropriate

Escalation routes and suitability can depend on the departure country, the carrier, and the specific facts of the disruption.

Documents and Evidence to Support a Claim

Well-organized documentation can strengthen a passenger’s position and streamline processing.

Helpful documents

• Booking confirmation and itinerary
• Boarding pass or proof of check-in (where available)
• Proof of arrival delay (airport notifications, airline messages, screenshots, or personal notes of actual arrival time)
• Receipts for meals, transport, and accommodation where reimbursement is sought
• Written communications with the airline regarding the reason for delay

Practical recordkeeping tips

• Keep screenshots of gate updates and delay notifications
• Note the time the aircraft door opened at the destination
• Save all receipts and ensure expenses are reasonable relative to the delay

FAQ: EU261/2004 and UK261 Flight Delay Compensation

Is compensation based on delay at departure or arrival?

Compensation eligibility generally depends on the delay at arrival at the final destination on the booking, not the departure delay.

Does a passenger still have rights if compensation is not payable?

Yes. Even where extraordinary circumstances apply and compensation is not due, passengers may still be entitled to care and assistance during qualifying delays.

Do connecting flights count?

When flights are on the same booking, the relevant delay is usually assessed at the final destination. A short delay on the first leg may still lead to a 3+ hour arrival delay at the end of the journey.

Can an airline offer vouchers instead of cash?

Airlines may offer vouchers, but compensation under these regimes is commonly payable in money unless the passenger agrees to accept an alternative form such as a voucher.

What if the ticket was booked through a travel agent?

The claim is generally made against the operating airline, not the travel agent, although booking documents from the agent can help prove itinerary and passenger details.

Conclusion

EU261/2004 and UK261 can provide meaningful protections when a flight arrives significantly late, including standardized compensation in qualifying cases and practical care obligations during extended waits. A successful claim typically depends on confirming the flight’s coverage, documenting the arrival delay, and understanding whether extraordinary circumstances are likely to apply. With clear documentation and a structured approach, passengers can pursue the compensation and assistance the law may provide.