Jazeera Airways: When compensation is refused (US DOT rules) — What to Do

Flight delay compensation under EU261/2004 and UK261

Passengers may have rights to flight delay compensation when travel disruption meets the legal thresholds set by EU Regulation 261/2004 (EU261) or its UK equivalent (UK261). These rules can apply when a flight arrives significantly late and the causes are within the airline’s responsibility. Understanding the basic eligibility criteria, compensation amounts, and the claim process can help passengers pursue what may be owed after a delayed flight.

When EU261/2004 or UK261 may apply

EU261 may apply when a flight departs from an EU/EEA airport (plus Switzerland) or arrives into the EU/EEA on an EU/EEA carrier. UK261 may apply when a flight departs from a UK airport or arrives into the UK on a UK carrier. Which regime applies depends on the route and operating carrier, but the core passenger protections are broadly similar.

Key eligibility requirements

• Arrival delay: Compensation is generally tied to arrival delay, not departure delay. A delay is typically assessed based on the time the aircraft door opens at the destination.
• Delay threshold: Compensation may be payable when arrival is 3 hours or more later than scheduled.
• Confirmed booking and check-in: The passenger generally must have a confirmed reservation and comply with check-in requirements (unless the airline caused the failure to check in).
• Airline responsibility: The disruption generally must not be caused by extraordinary circumstances.

What counts as “extraordinary circumstances”

Under EU261/UK261, airlines may avoid paying compensation if they can show the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. This is a fact-specific assessment.

Examples that may be extraordinary

• Severe weather that makes safe operation impossible
• Air traffic control restrictions or airspace closures
• Security risks and certain emergency situations
• Some strikes or industrial action that is external to the airline’s control

Examples that may be within the airline’s control

• Many operational issues such as routine technical or maintenance problems
• Crew scheduling issues in ordinary circumstances
• Aircraft rotation problems that are part of normal operations

Compensation amounts for delayed flights

Where compensation is due under EU261/UK261, the amount is generally based on flight distance and the length of delay. The standard compensation bands under EU261 are:

• €250 for flights up to 1,500 km
• €400 for intra-EU flights 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, compensation is paid in pounds sterling using UK-set amounts aligned to the EU structure, and the airline may apply the legally permitted reductions in certain long-haul scenarios where arrival delay falls within specified ranges.

Compensation depends on the final destination

When an itinerary involves connections booked under a single booking, the relevant delay is typically measured at the final destination. A short delay on the first segment may still lead to compensation if it causes a missed connection and total arrival delay reaches the threshold.

Right to care: meals, refreshments, and accommodation

Separate from cash compensation, EU261/UK261 provide a right to assistance (“right to care”) during qualifying delays. Depending on delay length and route, airlines may be required to provide:

• Meals and refreshments in reasonable relation 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 is necessary

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

How to claim flight delay compensation

A practical claim approach is to gather evidence, submit a clear request to the operating airline, and keep records of all communications.

Step-by-step claim process

• Identify the operating carrier: The airline that operated the flight is typically responsible, even if the ticket was sold by another airline.
• Confirm applicability: Check whether EU261 or UK261 applies based on departure/arrival location and carrier.
• Calculate the delay: Use the arrival time at the final destination (door opening time where possible).
• Submit a written claim: Provide booking details, flight number, date, route, and the compensation amount sought under EU261/UK261.
• Request reimbursement separately: If claiming expenses for meals/hotel/transport, list items and attach receipts.
• Escalate if needed: If the airline rejects the claim, passengers may consider the airline’s alternative dispute resolution option (where available) or the relevant national enforcement body route, depending on the circumstances.

Documents and evidence to support a claim

Airlines typically assess claims more efficiently when passengers provide complete documentation. Useful items include:

• Booking confirmation and e-ticket receipt
• Boarding pass (if available)
• Proof of actual arrival time (for example, airline notification, airport information, or time-stamped records)
• Receipts for expenses incurred due to the delay (meals, hotel, transport)
• Written communications from the airline about the cause of the delay

FAQ

Is compensation based on departure delay or arrival delay?

Under EU261/UK261, compensation is generally assessed based on arrival delay at the final destination.

Does a delay always mean compensation is owed?

No. Compensation typically requires an arrival delay of 3 hours or more and that the delay was not caused by extraordinary circumstances.

Can compensation be claimed for connecting flights?

Compensation may be available when a missed connection results in a qualifying arrival delay at the final destination, particularly when the itinerary is on a single booking.

Can passengers claim both expenses and compensation?

Yes, in many situations the right to care (and reimbursement of reasonable expenses when care is not provided) is separate from cash compensation, provided the legal conditions are met.

What if the airline says the delay was due to extraordinary circumstances?

The airline may avoid paying compensation if it can show extraordinary circumstances and that reasonable measures would not have avoided the delay. Passengers may request a clear explanation and keep records that support their position.

Conclusion

EU261/2004 and UK261 can provide meaningful protections when flights arrive significantly late, including fixed-sum compensation in eligible cases and practical support during long waits. Passengers who document the disruption carefully and submit a clear claim to the operating airline may be better placed to secure the compensation and reimbursements the law provides.