Finnair: When compensation is refused (Montreal Convention) — What to Do

Flight Delay Compensation (EU261/2004 and UK261): A Practical Guide

Flight delays can disrupt travel plans and create unexpected costs. Under EU Regulation 261/2004 (EU261) and its UK equivalent (UK261), passengers may be entitled to compensation and assistance when a flight arrives significantly late, depending on the circumstances. This guide explains common eligibility rules, compensation amounts, and how to make a claim in a practical, passenger-focused way.

Eligibility for Flight Delay Compensation

Eligibility typically depends on two core issues: whether the regulation applies to the flight, and whether the delay meets the time threshold and was not caused by extraordinary circumstances.

When EU261 applies

• Departures from the EU/EEA/Switzerland: EU261 generally applies to flights departing from an airport in the EU/EEA/Switzerland, regardless of the airline’s nationality.
• Arrivals into the EU/EEA/Switzerland on an EU/EEA/Swiss carrier: EU261 generally applies to flights arriving into the EU/EEA/Switzerland if the operating airline is based in the EU/EEA/Switzerland.

When UK261 applies

• Departures from the UK: UK261 generally applies to flights departing from an airport in the UK, regardless of the airline’s nationality.
• Arrivals into the UK on a UK carrier: UK261 generally applies to flights arriving into the UK if the operating airline is a UK carrier.

Delay threshold: arrival delay matters

Compensation eligibility is typically assessed by the delay at the final destination, not the departure delay. In practice, a delay of 3 hours or more on arrival is the key threshold for compensation, subject to the extraordinary circumstances rules.

Extraordinary circumstances can affect entitlement

Airlines may refuse compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Examples commonly referenced in guidance include severe weather, certain air traffic control restrictions, and some security risks. Technical issues and routine operational problems are often disputed areas, and outcomes depend on facts and evidence.

Connecting flights and final destination

For journeys involving connections booked as a single itinerary, eligibility and delay length are typically assessed at the final destination. A missed connection that results in arriving 3 hours or more late may qualify for compensation if the regulation applies and no extraordinary circumstances are established.

Compensation Amounts Under EU261/UK261

Where compensation is due, the amount is generally based on flight distance and the length of the delay on arrival.

Standard compensation bands

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

When compensation may be reduced

On certain long-haul routes, compensation can be reduced by 50% if a rerouting results in a shorter arrival delay within specified limits. The precise threshold depends on the flight distance and the arrival delay achieved after rerouting.

Compensation versus reimbursement and expenses

Compensation is distinct from other potential entitlements. Depending on the situation, passengers may also have rights to:

• Care and assistance: meals and refreshments, and where necessary hotel accommodation and transport to it
• Communication: access to email/phone calls in line with the regulation’s requirements
• Refund or rerouting: in cases such as severe disruption where the passenger chooses not to travel or where rerouting is offered

Reasonable expenses may be claimed where the airline fails to provide required care, provided evidence is kept and spending is proportionate to the circumstances.

How to Claim Flight Delay Compensation

A claim is usually made directly to the operating airline. The operating carrier is the airline that actually ran the flight, which can differ from the brand shown on the booking in codeshare arrangements.

Step-by-step claim process

• Confirm the regulation applies: check the departure/arrival location and the operating airline.
• Calculate the arrival delay: use the time the aircraft door opened at the destination as a practical marker, where available.
• Submit the claim to the airline: use the airline’s online form or customer relations channel and request compensation under EU261/UK261.
• Include supporting documents: attach booking confirmation and proof of travel.
• Keep records: save screenshots, emails, and receipts for additional expense claims.
• Escalate if needed: if the airline rejects the claim, passengers may use an approved alternative dispute resolution scheme where available, or the relevant national enforcement body guidance, and may consider legal action where appropriate.

Key points for a strong claim

• Use the correct flight details: flight number, date, route, and booking reference.
• Identify the final destination: especially for connecting itineraries.
• Be clear about the outcome requested: compensation amount plus reimbursement of reasonable expenses if applicable.

Documents to Keep

Documentation can make the difference between a quick approval and a long back-and-forth. Passengers should keep:

• Booking confirmation and itinerary: showing all flight segments and final destination
• Boarding passes: for each segment where available
• Proof of delay: airline delay notifications, airport screens (photos), or written confirmation if provided
• Receipts for expenses: meals, transport, and accommodation where the airline did not provide care
• Correspondence with the airline: emails, chat transcripts, and claim reference numbers

FAQ

Is compensation available for delays under 3 hours?

Compensation under EU261/UK261 is commonly linked to an arrival delay of 3 hours or more. Shorter delays may still trigger rights to care (such as refreshments) depending on the length of delay and flight distance.

Does a passenger have to accept vouchers instead of money?

Compensation is generally payable in money (such as bank transfer or cheque). Vouchers may be offered, but acceptance is typically optional.

What if the delay was caused by bad weather or air traffic control?

Severe weather and certain air traffic control restrictions are often treated as extraordinary circumstances. However, determinations depend on the specific facts, including whether the airline took reasonable measures to avoid or minimise the delay.

Can compensation apply to missed connections?

For a single booking with connections, eligibility is usually assessed based on arrival time at the final destination. A missed connection that results in arriving 3 hours or more late may qualify, subject to scope and extraordinary circumstances.

Can a passenger claim both compensation and expenses?

Where applicable, compensation can be claimed alongside reimbursement of reasonable expenses if the airline failed to provide required care and the passenger has supporting receipts.

Conclusion

EU261 and UK261 can provide meaningful protection for passengers facing long flight delays, including compensation for arrival delays of 3 hours or more and practical assistance during disruption. A well-supported claim should focus on whether the regulation applies, the arrival delay at the final destination, and clear evidence. Keeping documents and receipts, and escalating through appropriate channels when needed, can help passengers pursue the outcome the regulations are designed to provide.