Kuwait Airways: Flight delay compensation (EU261) — How It Works

Flight Delay Compensation Guide (EU261/2004 and UK261)

This guide explains how flight delay compensation works under EU261/2004 and UK261, including who may be eligible, how much compensation may be available, and how to make a practical, well-supported claim. The rules are broadly similar, but the applicable regulation depends on the airline and the route.

Eligibility for compensation

Passengers may be entitled to compensation when a flight arrives at the final destination 3 hours or more later than scheduled, provided the disruption was within the airline’s responsibility and the flight falls within the scope of EU261/2004 or UK261.

When EU261/2004 may apply

• Flights departing from an EU/EEA airport (regardless of airline), and
• Flights arriving in the EU/EEA operated by an EU/EEA-based airline.

When UK261 may apply

• Flights departing from a UK airport (regardless of airline), and
• Flights arriving in the UK operated by a UK-based carrier.

Key eligibility points

• Delay is assessed at arrival at the final destination (when at least one aircraft door opens and passengers are permitted to disembark).
• If the passenger was rebooked and still arrived 3+ hours late, compensation may still be possible depending on the facts.
• Compensation may be refused when the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

Extraordinary circumstances (examples)

Airlines commonly rely on “extraordinary circumstances” to deny compensation. In general terms, examples may include severe weather, air traffic control restrictions, security risks, and airport closures. Routine technical issues and operational decisions are commonly disputed areas and depend heavily on evidence and the specific cause.

Compensation amounts

Under EU261/2004 and UK261, compensation is typically set by flight distance and the length of the delay at arrival. The standard compensation bands are:

• €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

In some situations involving rerouting on long-haul flights, compensation may be reduced by 50% if the arrival delay is within certain thresholds. Eligibility and the correct band depend on the final destination and overall journey distance rather than individual legs in many connecting-itinerary scenarios.

Claim process

A structured claim improves the chances of a timely and accurate outcome. A typical process includes:

• Confirm scope: establish whether EU261/2004 or UK261 applies based on departure airport, arrival airport, and carrier.
• Calculate delay at arrival: use the scheduled arrival time versus the actual arrival time at the final destination.
• Identify the cause: keep any airline messages, emails, and announcements that describe why the delay happened.
• Submit a claim to the airline: provide booking details, flight number, date, passenger names, and the compensation requested.
• Escalate if needed: if the airline rejects the claim and evidence supports eligibility, escalation options may include an alternative dispute resolution body (where available) or the relevant national enforcement framework.

Where to send the claim

Claims are generally submitted directly to the operating airline via its compensation or customer relations channel. Keeping all correspondence in writing is typically helpful for later escalation.

What documents to keep

Well-organised documentation can make the claim easier to assess and harder to dispute. Passengers typically benefit from keeping:

• Booking confirmation and itinerary (including connecting flights)
• Boarding pass (or proof of check-in)
• Any airline notifications about the delay (email, SMS, app screenshots)
• Receipts for reasonable expenses (meals, transport, accommodation) where applicable
• Photos of airport departure boards or timestamped notes showing key events

Right to care: meals, accommodation, and rerouting

Separate from compensation, EU261/2004 and UK261 provide for a duty of care in qualifying delays. Depending on the delay length and distance, airlines may need to offer assistance such as meals and refreshments, communications, and if an overnight stay is required, hotel accommodation and transport between the airport and the hotel. This support is distinct from compensation and may apply even where compensation is not payable due to extraordinary circumstances.

FAQ

Is compensation based on departure delay or arrival delay?

Compensation is generally assessed using the arrival delay at the final destination.

Does a missed connection count?

If a delay on an earlier leg causes a passenger to miss a connection and the passenger arrives at the final destination 3+ hours late, compensation may be available if the itinerary falls within EU261/2004 or UK261 and the cause was within the airline’s responsibility.

Can compensation be claimed and expenses reimbursed?

Compensation and reimbursement of qualifying care expenses are separate concepts. A passenger may be able to pursue both, depending on the circumstances and the evidence available.

What if the airline says “extraordinary circumstances”?

An airline may refuse compensation if extraordinary circumstances apply and reasonable measures could not have prevented the delay. Passengers commonly strengthen their position by asking the airline to specify the precise cause and to explain what reasonable measures were taken.

How long does a passenger have to claim?

Time limits can depend on the jurisdiction and the applicable legal framework. Passengers commonly act promptly and keep records from the day of travel to avoid avoidable disputes about evidence and timing.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when a flight arrives 3+ hours late, including fixed compensation in qualifying cases and practical support during long disruptions. The strongest claims usually combine clear proof of the arrival delay, route details showing the regulation applies, and documentation addressing the cause of the disruption.