SAS: Compensation time limits (Montreal Convention) — FAQ

Flight delay compensation under EU261/2004 and UK261

Flight disruption can cause missed connections, extra costs, and significant inconvenience. Under EU Regulation 261/2004 (EU261) and its UK equivalent (UK261), eligible passengers may be entitled to fixed compensation when a flight is delayed, cancelled, or when boarding is denied. This guide explains when compensation may apply, how much may be available, and how to make a claim in a practical, evidence-based way.

Eligibility for compensation

EU261 may apply when the flight departs from an EU/EEA airport, or when it arrives in the EU/EEA on an EU/EEA-licensed carrier. UK261 may apply when the flight departs from the UK, or when it arrives in the UK on a UK-licensed carrier. The rules are similar, but the applicable regime depends on the flight’s routing and operating carrier.

When a delay may qualify

Compensation is generally assessed based on the length of the delay at the final destination. A delay of at least three hours on arrival may qualify for compensation, provided other conditions are met and the airline cannot rely on a valid legal exemption.

When cancellations and denied boarding may qualify

For cancellations, compensation may be due depending on the notice period, any re-routing offered, and the arrival time of the replacement flight. For denied boarding (typically due to overbooking), compensation may be due unless the passenger voluntarily gave up the seat in exchange for benefits agreed with the airline.

Key exclusions: extraordinary circumstances

Airlines may avoid paying EU261/UK261 compensation if they can show the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The assessment depends on the specific facts and evidence. Passengers should note that “extraordinary circumstances” is not a blanket excuse and does not automatically apply to all operational or technical issues.

Compensation amounts

Under EU261/UK261, compensation is fixed and based primarily on flight distance and the length of delay at arrival. The amounts below are commonly applied under the regulation.

• Up to 1,500 km: €250 (or UK equivalent under UK261 where applicable)
• 1,500–3,500 km: €400 (or UK equivalent)
• Over 3,500 km: €600 (or UK equivalent)

In some rerouting scenarios following a cancellation, the compensation amount may be reduced depending on how close the replacement arrival time is to the original schedule, as set out in the regulation.

Right to care and assistance during disruption

Separate from compensation, EU261/UK261 provides a right to care when delays reach certain thresholds. This can include meals and refreshments, communication, and hotel accommodation with transport where an overnight stay becomes necessary, depending on the length of the delay and flight distance. Airlines typically provide vouchers or arrange accommodation, but passengers may also keep receipts where they reasonably pay out-of-pocket.

How to claim compensation

A claim is typically made directly to the operating airline, not the booking platform. The operating carrier is the airline that actually flew (or was scheduled to fly) the flight.

Step-by-step claim process

• Confirm the applicable regime: identify whether EU261 or UK261 applies based on departure/arrival location and operating carrier licensing.
• Check arrival delay: document the delay at the final destination (gate arrival time is often more relevant than takeoff delay).
• Identify the cause given: record the airline’s stated reason, but rely on evidence where possible.
• Submit a written claim: use the airline’s online form or customer relations email, clearly requesting compensation under EU261/UK261.
• Keep records: save confirmation emails, screenshots, and any responses from the airline.
• Escalate if needed: if the airline rejects the claim and the passenger disagrees, escalation routes may include an approved alternative dispute resolution body (where available), a national enforcement authority, or court proceedings depending on jurisdiction and deadlines.

Documents and evidence to prepare

Having clear documentation improves the chance of a smooth outcome. Passengers typically rely on the following:

• Booking confirmation: showing passenger name, flight number, and itinerary
• Boarding pass (if available): or proof of check-in
• Receipts: for meals, transport, or accommodation where the airline did not provide care
• Delay evidence: screenshots of arrival time, airline notifications, airport display boards, or flight tracking information
• Communication records: emails, chat transcripts, or letters with the airline

Frequently asked questions

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

No. EU261/UK261 compensation is a statutory right when eligibility requirements are met. Travel insurance may cover additional losses, but it is separate from EU261/UK261 compensation.

Can a passenger claim both compensation and a refund?

Refund and rerouting rights can arise with cancellations or long delays, depending on circumstances. Compensation is separate and depends on eligibility and exemptions. A passenger may be entitled to both in some situations, but the correct outcome depends on the disruption type and choices made at the time.

What if the flight was delayed due to bad weather?

Severe weather is often treated as an extraordinary circumstance. However, entitlement depends on the specific facts, including whether the airline took reasonable measures and whether the weather genuinely caused the disruption for that flight.

What if the airline says it was an air traffic control restriction?

Air traffic control restrictions may qualify as extraordinary circumstances. Passengers can still request a clear explanation and keep evidence of the actual delay and the airline’s communications.

How long does an airline have to respond?

Response times vary by airline and volume of claims. Passengers should keep a clear written record and follow up if no response is received within a reasonable time.

Conclusion

EU261/2004 and UK261 provide strong passenger rights for flight delays, cancellations, and denied boarding, including fixed compensation in qualifying cases and a separate right to care during disruption. A well-documented claim, submitted to the operating airline with clear references to the regulation, can improve the likelihood of a timely and accurate outcome.