Georgian Airways: Damaged baggage claim (US DOT rules) — FAQ

Flight Delay Compensation (EU261/2004 and UK261): What Passengers Can Claim

Flight delays can disrupt travel plans, create unexpected costs, and cause significant stress. Under EU261/2004 and the UK’s retained version (often referred to as UK261), eligible passengers may be entitled to fixed compensation from the operating airline when a delay results in a late arrival at the final destination. This guide explains how flight delay compensation works, when it applies, how much can be claimed, and how to file a claim in a practical, step-by-step way.

Eligibility for Flight Delay Compensation

Eligibility depends on where the flight departs from or arrives to, which airline operates the flight, the length of the delay at arrival, and the reason for the disruption. The rules apply to the operating carrier (the airline that actually flew or was scheduled to fly the flight), not necessarily the airline that sold the ticket.

When EU261/2004 applies

• Flights departing from an EU/EEA airport, regardless of airline nationality.
• Flights arriving into the EU/EEA operated by an EU/EEA-based carrier.

When UK261 applies

• Flights departing from a UK airport, regardless of airline nationality.
• Flights arriving into the UK operated by a UK-based carrier.

The delay must be measured at arrival

Compensation eligibility is determined by the arrival delay at the final destination on the booking. A delay is generally counted to arrival when at least one aircraft door is opened and passengers are permitted to disembark. In most cases, compensation is only available when the arrival delay is 3 hours or more.

Extraordinary circumstances can remove the right to compensation

Airlines do not have to pay EU261/2004 or UK261 compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Examples can include severe weather, air traffic management restrictions, and certain airport operational emergencies.

Routine technical faults and ordinary operational issues are not automatically extraordinary. The airline must show the cause and demonstrate it took reasonable measures. Where the disruption is within the airline’s control, compensation may still be due.

Connecting flights and missed connections

For itineraries on a single booking, the relevant delay is the arrival delay at the final destination. A short delay on the first leg that causes a missed connection can still qualify if the final arrival delay reaches the 3-hour threshold and the journey falls within EU261/2004 or UK261 scope.

Compensation Amounts Under EU261/2004 and UK261

Compensation is fixed based on flight distance and delay length. Under the regulations, eligible passengers may claim the following standard amounts (subject to specific conditions and possible reductions in certain rerouting situations):

• €250 for flights up to 1,500 km
• €400 for flights between 1,500 km and 3,500 km
• €600 for flights over 3,500 km

Under UK261, the compensation levels are set in GBP equivalents as implemented in UK law. The same distance bands and general principles are used, but the amounts are paid in pounds sterling under the UK regime.

Potential reductions after rerouting

In some circumstances where the airline offers rerouting and the passenger arrives with a shorter delay within specific limits, the regulation permits a reduction of the fixed compensation. Whether a reduction applies depends on the flight distance and the final arrival delay after rerouting.

What Passengers Are Also Entitled To During a Delay

Separate from compensation, EU261/2004 and UK261 provide a right to care and assistance when a delay reaches certain thresholds. This may include:

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

These rights can apply even where extraordinary circumstances mean compensation is not payable. The airline’s duty to provide care can still arise based on the delay length and flight distance.

How to Claim Flight Delay Compensation

Passengers typically claim directly from the operating airline using its complaints or compensation form. The claim should be made in writing and supported with clear information showing the booking details and the extent of the delay.

Step-by-step claim process

• Confirm eligibility by checking route scope (EU261/2004 or UK261), operating carrier, and arrival delay of 3 hours or more.
• Gather evidence including booking confirmation, boarding pass (if available), and any written delay notifications.
• Submit the claim to the operating airline with passenger names, flight number, date, route, and the final arrival delay.
• Request the correct legal basis by referencing EU261/2004 or UK261, depending on the journey.
• Keep records of emails, screenshots, and any responses from the airline.

Time limits to claim

Limitation periods vary depending on the jurisdiction and the court that would hear a claim. Passengers should submit claims as soon as possible and avoid waiting until close to any potential deadline.

Documents to Prepare

Airlines may request documents to verify the booking and the passengers on it. The following documents commonly help support a flight delay compensation claim:

• Booking confirmation or e-ticket receipt showing passenger names and itinerary
• Boarding pass or check-in confirmation (where available)
• Proof of arrival time, such as airport app screenshots, airline notifications, or travel timeline records
• Receipts for expenses (meals, hotel, transport) where seeking reimbursement under the duty of care
• Written correspondence with the airline regarding the delay and its cause

FAQ

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

Under EU261/2004 and UK261, compensation for delays generally requires an arrival delay of 3 hours or more at the final destination, subject to other eligibility rules and the absence of extraordinary circumstances.

Is compensation paid per booking or per passenger?

Compensation is typically per passenger, provided each passenger has a confirmed reservation and meets the eligibility requirements.

Can passengers claim if the flight was delayed due to bad weather?

Severe weather is often treated as an extraordinary circumstance, meaning compensation may not be payable. However, passengers may still have rights to care and assistance depending on the delay length. Each case depends on the specific weather conditions and operational impact.

Can passengers claim for missed connections?

For a journey booked under a single reservation, missed connections can qualify if the final arrival delay at the destination is 3 hours or more and the trip falls within EU261/2004 or UK261 scope.

What if the airline offers vouchers instead of money?

Compensation under EU261/2004 and UK261 is generally payable in money. Vouchers may be offered, but passengers are typically entitled to request payment by eligible methods provided in the regulation and implementing rules.

Conclusion

EU261/2004 and UK261 offer clear protections for passengers facing lengthy delays, including fixed compensation in eligible cases and assistance during the wait. The key factors are the flight’s scope under the regulations, the arrival delay at the final destination, and whether extraordinary circumstances apply. With the right documents and a structured submission to the operating airline, passengers can pursue flight delay compensation more effectively and secure the rights the regulations provide.