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Flight Delay Compensation (EU261/2004 and UK261): Passenger Rights and How to Claim

Passengers departing from an EU/EEA airport (or arriving in the EU/EEA on an EU/EEA carrier) may have a legal right to flight delay compensation under EU Regulation 261/2004 (EU261). Passengers departing from the United Kingdom (or arriving in the UK on a UK/EU carrier) may have similar rights under UK261, the UK’s retained version of EU261. This guide explains when flight delay compensation may be available, how much compensation can be owed, and how to make a claim with the airline.

Eligibility for flight delay compensation

Eligibility for flight delay compensation generally depends on (1) where the flight departed from or arrived to, (2) the operating carrier, (3) the length of the delay at final destination, and (4) the reason for the disruption.

When EU261 may apply

• Departing from the EU/EEA/Switzerland: EU261 typically applies regardless of the airline.
• Arriving in the EU/EEA/Switzerland: EU261 typically applies when the operating airline is an EU/EEA/Swiss carrier.

When UK261 may apply

• Departing from the UK: UK261 typically applies regardless of the airline.
• Arriving in the UK: UK261 typically applies when the operating airline is a UK or EU carrier.

Delay length: the 3-hour rule at final destination

For compensation, the key measure is usually the arrival delay at the passenger’s final destination on the booking. Compensation is typically considered when arrival is 3 hours or more late.

Connecting flights and missed connections

Where a booking includes a connection, the relevant delay is generally the arrival delay at the final destination, not the delay at the intermediate stop. A short first-leg delay can still lead to compensation eligibility if it causes a missed connection and the passenger arrives 3 hours or more late at the end of the journey.

Extraordinary circumstances may affect entitlement

Compensation is not usually payable when the delay is caused by extraordinary circumstances that could not have been avoided even if the airline had taken all reasonable measures. Whether circumstances qualify is fact-specific, and airlines may still owe care and assistance (such as meals, refreshments, and accommodation where required) even when compensation is not payable.

Flight delay compensation amounts

EU261 and UK261 provide fixed compensation bands based mainly on the flight distance and the length of delay on arrival. Amounts are set in euros under EU261 and in pounds sterling under UK261 (with the UK regulation mirroring the EU structure). The airline typically pays compensation per passenger, not per booking.

EU261 compensation bands (amounts in euros)

• €250 for flights of 1,500 km or less
• €400 for flights within the EU of more than 1,500 km, and for other flights between 1,500 km and 3,500 km
• €600 for flights of more than 3,500 km

In some long-haul scenarios, the airline may be able to reduce the compensation amount where the arrival delay falls within certain thresholds, depending on the distance band and the final delay. The specific reduction conditions depend on the exact routing and delay length.

UK261 compensation bands (amounts in pounds)

Under UK261, compensation amounts are set in pounds sterling and broadly mirror EU261’s structure. The exact figure may be shown by the airline in GBP and can depend on the route and distance band.

Care and assistance during a delay

Separate from compensation, EU261 and UK261 can require airlines to provide care and assistance when a delay reaches certain time thresholds. This can include meals and refreshments, access to communications, and hotel accommodation with transport where an overnight stay becomes necessary. The precise obligations depend on the delay duration and route distance.

How to claim flight delay compensation

A flight delay compensation claim is typically made directly with the operating airline (the carrier that actually flew or was scheduled to fly the flight). The claim should focus on the arrival delay at final destination, the booking details, and the reason given for the delay.

Step-by-step claim process

• Confirm applicability: Check whether EU261 or UK261 applies based on departure/arrival and airline type.
• Confirm the arrival delay: Use the actual arrival time at the final destination (door opening time is often used in practice for arrival).
• Identify the operating airline: Submit the claim to the carrier that operated the delayed flight.
• Submit a written claim: Use the airline’s online form or customer relations email and keep copies.
• Request compensation under EU261/UK261: State the flight number, date, route, booking reference, passenger names, and arrival delay.
• Follow up if needed: If the airline rejects the claim, it should provide reasons. Passengers may escalate to an appropriate national enforcement body or an alternative dispute resolution channel where available, or pursue the matter through court where appropriate.

Time limits

Time limits to bring a claim can differ depending on the legal jurisdiction connected to the flight (for example, where the claim is brought). Airlines may also publish internal complaint windows, but statutory limitation periods are determined by the relevant national law. Passengers should act promptly and keep records.

Documents and evidence to support a claim

Strong documentation can help a passenger demonstrate eligibility and speed up handling by the airline.

• Booking confirmation: E-ticket receipt or itinerary showing all legs and the final destination.
• Boarding pass(es): If available, especially for the affected segment.
• Proof of delay: Screenshots from the airline or airport, written confirmation, or contemporaneous notes of actual arrival time.
• Receipts for expenses: If claiming reimbursement for duty-of-care costs where the airline did not provide assistance.
• Communications with the airline: Emails, chat transcripts, and case reference numbers.

FAQ

Is compensation based on departure delay or arrival delay?

Compensation under EU261/UK261 is generally assessed based on the arrival delay at the final destination on the booking.

Does the reason for the delay matter?

Yes. Compensation is not usually payable when the delay is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The airline’s explanation, and the evidence available, can be important.

Can a passenger claim compensation and a refund?

EU261/UK261 provide separate rights that may apply in different circumstances, including rerouting, reimbursement, and care and assistance. Whether a refund is available depends on the specifics, such as whether the passenger travelled and what options were offered by the airline.

What if the ticket was part of a package holiday?

EU261/UK261 rights can still apply to the flight and are typically enforced against the operating airline. Additional rights may exist under package travel rules, but those depend on the booking structure and the organiser’s responsibilities.

Do EU261/UK261 rights apply to non-EU/UK airlines?

They can. For example, EU261 typically applies to any airline on flights departing from an EU/EEA airport, and UK261 typically applies to any airline on flights departing from the UK.

Conclusion

Flight delay compensation under EU261/2004 and UK261 can provide meaningful fixed compensation when passengers arrive at their final destination 3 hours or more late and the delay is within the airline’s responsibility. Even where compensation is not payable, passengers may still have rights to care and assistance during long delays. A well-documented claim submitted to the operating airline, with clear evidence of the arrival delay and the booking details, can improve the chances of a timely resolution.