Aegean Airlines: Lost baggage claim (Turkey SHY Passenger) — Documents You Need

Flight delay compensation under EU261/2004 and UK261

Passengers facing a flight delay may have rights to flight delay compensation under EU261/2004 or UK261, depending on the route, the airline, and where the disruption occurred. These regulations set out when compensation may be owed, the fixed compensation amounts, and the basic steps for making a claim. This guide explains how eligibility typically works, what evidence helps, and how passengers can pursue a flight delay claim in a practical way.

Eligibility for flight delay compensation

Eligibility under EU261/2004 or UK261 generally depends on three key factors: (1) the length of the delay at final destination, (2) whether the flight falls within the scope of the regulation, and (3) the cause of the delay.

When a delay can qualify

Compensation is typically linked to arrival delay at the final destination. Under EU261/2004 and UK261, compensation may be due where the passenger arrives at the final destination 3 hours or more late, subject to the regulation applying and the delay not being caused by extraordinary circumstances.

Which flights are covered

Coverage depends on the airline and itinerary:

• EU261/2004 can apply to flights departing from an EU/EEA airport (regardless of airline), and to flights arriving into the EU/EEA when operated by an EU/EEA carrier.
• UK261 can apply to flights departing from a UK airport (regardless of airline), and to flights arriving into the UK when operated by a UK carrier.

Extraordinary circumstances

Airlines may deny compensation if the delay was caused by extraordinary circumstances. These are situations that are not inherent in the normal activity of the airline and are outside its actual control. Even where extraordinary circumstances apply, passengers may still have separate rights to care and assistance (such as meals and accommodation) depending on the circumstances and length of disruption.

Compensation amounts for flight delays

EU261/2004 and UK261 set fixed compensation bands based primarily on flight distance and the delay length. The standard compensation amounts are commonly described as:

• €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

Under UK261, compensation is set in pounds sterling at the UK-equivalent rates. The exact amount depends on the specific route and circumstances.

How to make a flight delay claim

A flight delay claim under EU261/2004 or UK261 is typically made directly to the operating airline. The operating airline is the carrier that actually flew (or was supposed to fly) the flight, which may differ from the company that sold the ticket.

Step-by-step claim process

• Confirm the arrival delay at the final destination (3+ hours is the common compensation threshold).
• Check whether the flight is within scope of EU261/2004 or UK261 based on departure/arrival and the carrier’s status.
• Identify the operating airline and use its official customer relations or compensation claim channel.
• Submit a written claim stating the flight number, date, booking reference, and arrival delay, and request compensation under the relevant regulation (EU261/2004 or UK261).
• Keep copies of everything submitted and any responses received.

Time limits

Limitation periods vary by jurisdiction and the legal basis of the claim. Passengers typically benefit from acting promptly and keeping clear records from the date of travel.

Documents and evidence to support a claim

Strong documentation often helps a flight delay compensation request progress faster. Useful items can include:

• Booking confirmation and e-ticket details
• Boarding pass (if available)
• Proof of arrival time (such as airline messages, airport information, or written confirmation)
• Receipts for reasonable out-of-pocket expenses if claiming reimbursable care costs (where applicable)
• Written communication from the airline describing the disruption

FAQ

Is compensation based on departure delay or arrival delay?

Compensation is generally assessed based on the delay at arrival at the final destination, rather than the departure delay.

Can passengers claim if the airline offered vouchers or a small goodwill payment?

Passengers should review the terms carefully before accepting any offer. Some offers may be presented as full and final settlement of claims. Where in doubt, passengers typically keep communications in writing.

What if the flight was delayed due to bad weather or air traffic control restrictions?

These situations may qualify as extraordinary circumstances, which can remove the airline’s obligation to pay compensation. However, depending on circumstances, passengers may still have rights to care and assistance.

Does EU261/2004 or UK261 apply to connecting flights?

Where travel involves connections, the key measure is usually the delay at the final destination under the booking. Coverage and eligibility depend on the overall itinerary, the carriers involved, and whether the journey falls within the regulation’s scope.

Conclusion

EU261/2004 and UK261 can provide meaningful flight delay compensation when passengers arrive at their final destination 3 hours or more late and the delay is within the airline’s responsibility. By checking whether the flight falls within scope, understanding extraordinary circumstances, and submitting a clear claim with supporting documents, passengers can improve the chance of a smooth and successful outcome.