British Airways: Baggage delay compensation (Montreal Convention) — Checklist

Flight Delay Compensation: EU261/2004 and UK261 Guide

Flight delays can disrupt plans, cause missed connections, and create unexpected costs. Under EU Regulation 261/2004 (often called EU261) and the UK’s equivalent rules (UK261), eligible passengers may be entitled to fixed compensation and “right to care” support when a flight is significantly delayed and the airline is responsible. This guide explains eligibility, compensation amounts, how to claim, and what documents to keep—using clear, practical steps.

Eligibility for flight delay compensation

EU261/2004 and UK261 can apply depending on the airline and route. A passenger’s eligibility typically depends on where the flight departs from, where it arrives, and whether the carrier is an EU/UK carrier.

When EU261/2004 applies

• Flights departing from an EU/EEA airport (including Iceland, Norway, and Switzerland) on any airline.
• Flights arriving into the EU/EEA on an EU/EEA carrier.

When UK261 applies

• Flights departing from a UK airport on any airline.
• Flights arriving into the UK on a UK or EU carrier (subject to route specifics and carrier status under UK rules).

Delay length: the key threshold

For compensation, the delay is measured by the time the passenger arrives at the final destination (when at least one aircraft door opens and passengers are permitted to disembark). Compensation generally becomes payable when the arrival delay is 3 hours or more, and the delay was within the airline’s control.

Airline responsibility and extraordinary circumstances

Compensation is not usually payable if the delay was caused by “extraordinary circumstances” that could not have been avoided even if all reasonable measures had been taken. This can include certain severe weather events or air traffic control restrictions. However, routine technical issues and many operational problems are commonly treated as within the airline’s responsibility. Each case depends on evidence and the actual cause of disruption.

Compensation amounts under EU261/2004 and UK261

EU261/2004 and UK261 provide fixed sums based on flight distance and delay length. The amounts are set by law and are not based on ticket price.

Fixed compensation bands (arrival delay of 3+ hours)

• €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 (generally long-haul)

Possible reduction on some long-haul reroutes

In certain rerouting situations on longer flights, the compensation may be reduced by 50% if the airline gets the passenger to the destination within a specified time window. The exact application depends on the route category and arrival delay on the replacement itinerary.

Right to care: meals, accommodation, and communication

Separate from compensation, passengers may be entitled to assistance during long delays. Depending on the delay length and distance, airlines may have to provide:

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

If the airline does not provide reasonable care, passengers generally should keep receipts for necessary expenses and request reimbursement afterward.

How to claim flight delay compensation

A claim typically starts with contacting the operating airline. The operating carrier (the airline that ran the flight) is usually responsible, even if the ticket was sold by a different airline or travel agent.

Step-by-step claim process

• Confirm applicability: Check whether EU261/2004 or UK261 applies based on departure/arrival and carrier.
• Calculate the delay: Use arrival time at final destination (door opening) and compare against scheduled arrival.
• Identify the cause: Request the reason for the delay in writing where possible.
• Submit a claim to the airline: Use the airline’s online form or customer relations address. Include flight details, booking reference, and passengers’ names.
• Attach evidence: Provide boarding passes, booking confirmations, and any delay notifications.
• Keep records: Save copies of all correspondence, submission confirmations, and receipts.

Package holidays and code-share bookings

For package travel, the airline remains the usual party for EU261/UK261 compensation because the regulation targets the operating carrier. Refunds or other remedies under package travel rules may be separate from EU261/UK261 compensation and depend on the contract and circumstances.

Documents to collect before and after a delay

Strong documentation makes claims easier to assess and can reduce back-and-forth with the airline.

Essential documents

• Booking confirmation or e-ticket receipt
• Boarding pass (or proof of check-in)
• Flight number, date, and route (including connections)
• Any airline delay notifications (emails, app messages, SMS)
• Evidence of actual arrival time (photos of airport displays, timestamps, or written confirmation when available)

Expense receipts for right-to-care reimbursement

• Meals and refreshments purchased during the wait
• Hotel invoices (if an overnight stay was necessary)
• Transport receipts between airport and accommodation

Expenses generally should be reasonable and proportionate. Luxury purchases are less likely to be reimbursed.

FAQ: EU261/2004 and UK261 flight delay claims

Does a 2-hour delay qualify for compensation?

Compensation typically depends on arriving 3 hours or more late at the final destination. A 2-hour delay may still trigger the airline’s duty of care depending on distance, but it usually does not trigger fixed compensation.

What if the delay caused a missed connection?

If the booking was on a single ticket and the passenger arrived at the final destination 3+ hours late, compensation may be payable (subject to airline responsibility and extraordinary circumstances). The final arrival delay is what usually matters.

Can passengers claim if they accepted vouchers or assistance?

Accepting meals, hotel accommodation, or rerouting does not automatically remove the right to compensation, provided eligibility requirements are met. However, accepting certain settlements offered “in full and final settlement” may affect further claims depending on what was agreed in writing.

Is compensation available for weather or air traffic control delays?

Compensation is not usually payable where the cause is extraordinary circumstances such as certain severe weather or air traffic control restrictions. Care and assistance obligations may still apply depending on the situation.

How long does an airline have to respond?

Response times vary by airline and workload. Passengers generally should keep written records and follow up if there is no response within a reasonable period.

Conclusion

EU261/2004 and UK261 provide valuable protections for passengers facing long flight delays, including fixed compensation in eligible cases and practical “right to care” support during disruption. A successful claim typically depends on route eligibility, reaching the 3-hour arrival delay threshold, and whether the delay was within the airline’s responsibility. Keeping clear documents and submitting a complete claim to the operating airline can improve the chances of a timely and accurate outcome.