Red Wings: Denied boarding compensation (EU261) — Mistakes to Avoid

Flight Delay Compensation Under EU261/UK261

Flight delay compensation is available to many passengers when a flight arrives significantly late and the delay was within the airline’s responsibility. The main rules come from EU Regulation 261/2004 (EU261) and, for flights covered in the United Kingdom, the UK version of the same regime (UK261). These protections can apply to delays, cancellations, and denied boarding, but this guide focuses on delays and how eligible passengers can pursue compensation in a practical way.

Eligibility for flight delay compensation

Eligibility typically depends on (1) where the flight departed from, (2) which airline operated the flight, and (3) the length of the delay at arrival. Under EU261, the rules generally apply to flights departing from an EU/EEA airport (plus Switzerland) regardless of airline, and to flights arriving into the EU/EEA (plus Switzerland) when operated by an EU/EEA carrier. Under UK261, similar coverage applies for relevant flights departing from the UK, and certain flights into the UK when operated by a UK carrier.

Delay length required

For compensation related to delays, passengers commonly need an arrival delay of at least three hours. “Arrival” is normally assessed at the time at which at least one aircraft door is opened and passengers are permitted to disembark.

Extraordinary circumstances (when compensation may not be owed)

Airlines do not generally owe EU261/UK261 compensation when a delay is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. This may include certain severe weather events, air traffic control restrictions, security risks, and some airport operational disruptions. Routine technical problems are not automatically extraordinary; eligibility depends on the specific cause and facts.

What passengers can still claim even if compensation is not due

Even where cash compensation is not payable, passengers may still have rights to “care and assistance” during long delays, such as meals and refreshments, communications, and—when necessary—hotel accommodation and transport between the airport and accommodation, depending on delay length and flight distance. Where a delay is very long, passengers may also have rights related to rerouting or reimbursement, depending on the situation.

Compensation amounts under EU261/UK261

When compensation is due for a delay of three hours or more at arrival, the amount is generally based on flight distance:

• €250 for flights up to 1,500 km
• €400 for flights within the EU/EEA (and Switzerland) 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 set in pounds sterling at the UK-equivalent statutory rates. The applicable amount depends on distance and the nature of the disruption, following the UK’s version of the EU rules.

Possible reductions in compensation

In some circumstances involving rerouting that limits the final delay, compensation can be reduced. Whether a reduction applies depends on flight distance and the length of the arrival delay after rerouting, assessed against the thresholds in the regulation.

How to claim flight delay compensation

A compensation claim is typically made directly to the operating airline. A practical process often includes the following steps:

• Confirm coverage under EU261 or UK261 based on route and operating carrier
• Check the arrival delay (aiming to document that it was 3+ hours)
• Identify the cause of the delay where possible (airline communications and airport notices can help)
• Submit a written claim to the airline with supporting documents
• Escalate if needed using the airline’s complaints process and, where appropriate, an approved alternative dispute resolution (ADR) body or relevant national enforcement body

Passengers should keep copies of all submissions and responses, and avoid relying solely on verbal assurances at the airport.

Time limits

Time limits for bringing EU261/UK261-related claims can vary by country and legal forum. Passengers are typically advised to act promptly and not assume a uniform deadline across all jurisdictions.

Documents and evidence to support a claim

Strong documentation can make the process faster and reduce disputes about eligibility. Commonly useful items include:

• Booking confirmation and itinerary showing flight number and scheduled times
• Boarding pass (or other proof of check-in and travel)
• Proof of arrival time (e.g., a written confirmation from the airline if available, or other credible records)
• Receipts for reasonable expenses during the delay (meals, hotel, transport), where reimbursement is sought
• Written communications from the airline about the delay reason (emails, app notifications, airport screens if captured)

FAQ

Does a passenger need travel insurance to claim EU261/UK261 compensation?

No. EU261/UK261 compensation is a statutory right where conditions are met. Travel insurance can help with additional losses or expenses depending on the policy, but it is separate from regulation-based compensation.

Is compensation based on delay at departure or delay at arrival?

For delay compensation under EU261/UK261, the key measure is typically the delay at arrival, not the departure delay.

Can a passenger claim if the airline offered vouchers or a goodwill payment?

A passenger can usually still request the statutory compensation where eligible. However, any settlement agreement or acceptance of a payment “in full and final settlement” may affect rights, depending on wording. Passengers should review terms carefully before accepting.

Can compensation be claimed for missed connections?

Potentially, yes. Where a journey is booked as a single itinerary, the final arrival delay at the destination is typically the relevant measure. Eligibility can depend on where the disruption occurred, which regulation applies, and whether extraordinary circumstances were involved.

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

Passengers can request a clearer explanation and keep records. If the reason is disputed, escalation through the airline’s formal complaint channel and, where available, ADR or the relevant enforcement pathway may be appropriate.

Conclusion

Flight delay compensation under EU261 and UK261 can offer meaningful cash payments when passengers arrive three hours or more late and the airline is responsible for the disruption. In addition to compensation, passengers may have rights to care and assistance during long delays. A well-supported claim, backed by clear documentation and submitted to the operating airline, is often the most practical route to enforcing these rights.