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

Flight delays can disrupt plans, add unexpected costs, and create significant inconvenience. Under EU261/2004 and UK261, passengers may have a right to flight delay compensation and care when their flight is delayed, cancelled, or they are denied boarding in covered circumstances. This guide explains eligibility, compensation amounts, the claim process, required documents, and practical answers to common questions.

Eligibility for flight delay compensation

Compensation eligibility depends on the route, the operating carrier, the length of the delay at arrival, and the reason for the disruption. The rules apply under EU261/2004 for qualifying journeys involving the EU/EEA/Switzerland and under UK261 for qualifying journeys involving the United Kingdom.

When EU261/2004 applies

• Departures from the EU/EEA/Switzerland on any airline are typically covered.
• Arrivals into the EU/EEA/Switzerland on an EU/EEA/Swiss carrier are typically covered.

Coverage generally depends on where the flight departs and the nationality of the operating airline for inbound flights to the EU/EEA/Switzerland.

When UK261 applies

• Departures from the UK on any airline are typically covered.
• Arrivals into the UK on a UK carrier are typically covered.

UK261 mirrors the EU rules in structure and passenger protections, applying to qualifying UK journeys after Brexit.

Delay length required for compensation

For flight delay compensation, the key measure is the arrival delay at the final destination, not the departure delay. Compensation is generally considered when the passenger arrives 3 hours or more late and the delay is attributable to the airline rather than extraordinary circumstances.

Extraordinary circumstances (when compensation may not be owed)

Airlines may not owe compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. These can include certain severe weather events and some air traffic management decisions. Each case depends on evidence and the specific cause of delay.

Operational issues within the airline’s control typically do not automatically qualify as extraordinary circumstances. Passengers should still submit a claim if the cause is unclear or disputed.

Compensation amounts under EU261/2004 and UK261

Compensation is usually based on the flight distance and the arrival delay. The standard compensation bands are:

• €250 (or UK261 equivalent in pounds) for flights up to 1,500 km
• €400 (or UK261 equivalent in pounds) for flights within the EU over 1,500 km and for other flights between 1,500–3,500 km
• €600 (or UK261 equivalent in pounds) for flights over 3,500 km

These amounts apply when compensation is due and may vary in specific long-haul scenarios depending on the total arrival delay. The airline may also offer vouchers, but passengers can typically request payment by bank transfer or other permitted methods rather than accepting vouchers if they prefer.

Right to care and assistance during a delay

Separate from cash compensation, EU261/UK261 can require airlines to provide care and assistance during long delays. This may include:

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

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

How to claim flight delay compensation

A passenger typically claims directly from the operating airline, not necessarily the company that sold the ticket. The process commonly follows these steps:

• Confirm eligibility by checking the route, operating carrier, and arrival delay at the final destination.
• Gather evidence including booking confirmation, boarding pass (if available), and proof of delay.
• Submit a written claim to the airline through its official claim channel, citing EU261/2004 or UK261 as applicable.
• Keep records of all correspondence and responses.
• Escalate if needed using the airline’s complaint process and any available dispute resolution channels relevant to the route and airline.

Claims are stronger when they clearly identify the flight number, travel date, booking reference, the arrival delay at the final destination, and the compensation amount requested under the regulation.

Documents and evidence to support a claim

Airlines commonly request supporting documents. A claimant typically benefits from having:

• Booking confirmation or e-ticket receipt showing passenger name(s), route, and date
• Boarding pass or proof of check-in where available
• Proof of arrival delay such as airline notifications, screenshots of flight status, or written confirmation from the airline
• Receipts for meals, transport, or accommodation claimed as reimbursement under the right to care
• Bank details for payment (if the airline requests them)

Passengers should keep copies of everything submitted and note the dates they contacted the airline.

FAQ

Does a passenger get compensation for a departure delay?

Compensation is generally assessed based on the arrival delay at the final destination. A long departure delay that still results in arrival under 3 hours late typically does not trigger EU261/UK261 compensation, although care and assistance may still apply depending on waiting time and distance.

What matters for connecting flights?

For itineraries with connections on the same booking, the key measure is the arrival delay at the final destination. If the missed connection leads to arrival 3 hours or more late and the disruption is within the airline’s responsibility, compensation may be owed.

Is compensation owed when the delay is caused by weather or air traffic control?

Some weather-related disruptions and certain air traffic management restrictions can be considered extraordinary circumstances. In such cases, compensation may not be payable, but the airline may still owe care and assistance in applicable situations. Each claim depends on the specific facts and the airline’s evidence.

Can a passenger accept vouchers instead of cash?

An airline may offer vouchers, but compensation can typically be requested in money by permitted methods. Passengers should review any voucher terms before accepting, especially regarding expiration dates and restrictions.

Can expenses be reimbursed even if compensation is not owed?

Yes. The right to care and assistance is separate from cash compensation. Where care applies, reasonable out-of-pocket expenses may be reimbursed if the airline did not provide assistance and the passenger keeps receipts.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when a passenger faces a long flight delay, including cash compensation in eligible cases and essential care during disruptions. A strong claim focuses on the route and operating carrier rules, the arrival delay at the final destination, and solid supporting documents. When the cause of delay is unclear, submitting a well-documented claim remains a practical step toward enforcing passenger rights.