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Flight Compensation Under EU261/2004 and UK261

Air passengers may have a legal right to compensation and assistance when a flight is disrupted. Under EU Regulation 261/2004 (EU261) and its UK equivalent (UK261), eligible travellers can claim fixed compensation amounts for certain delays, cancellations, and cases of denied boarding. These rules apply based on the route and the operating airline, and they come with specific conditions and exceptions.

This guide explains when passengers may be eligible, how much compensation may be available, and how to make a claim in a practical, well-documented way.

Eligibility

EU261 and UK261 apply only in defined circumstances. Eligibility depends on the departure airport, arrival airport, and whether the operating carrier is an EU/UK carrier.

When EU261 applies

• Flights departing from an EU/EEA airport (including Iceland, Norway, and Switzerland)
• Flights arriving in the EU/EEA from a non-EU/EEA country when operated by an EU/EEA carrier

When UK261 applies

• Flights departing from the United Kingdom
• Flights arriving in the United Kingdom from outside the UK when operated by a UK or EU carrier

Who is covered

• Passengers travelling on a confirmed reservation
• Passengers who checked in on time (unless prevented by the airline)
• Passengers travelling on tickets issued under a frequent flyer programme are generally covered; the key factor is that the passenger was accepted for travel on the flight

Types of disruption that may qualify

• Long delay: compensation may be due when arrival is delayed by 3 hours or more, subject to the cause
• Cancellation: compensation may be due depending on notice given and rebooking outcome
• Denied boarding: compensation may be due when boarding is refused against the passenger’s will (usually overbooking), subject to limited exceptions

Extraordinary circumstances (when compensation may not be owed)

Compensation is not owed if the airline can show the disruption 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, air traffic control restrictions, security risks, and some airport-related emergencies. Each case is fact-specific.

Even where compensation is not due, passengers may still have rights to care and assistance (such as meals, refreshments, accommodation, and transport where required) depending on the delay length and distance.

Compensation Amounts

Under EU261/UK261, compensation is fixed by flight distance and the length of delay at arrival (or the circumstances around a cancellation or denied boarding).

Compensation bands (standard amounts)

• €250 for flights of 1,500 km or less
• €400 for flights within the EU/EEA over 1,500 km and for other flights between 1,500 km and 3,500 km
• €600 for flights over 3,500 km

Potential reduction when re-routed

For some cancellations (and certain re-routing situations), the compensation may be reduced by 50% if the passenger is offered an alternative flight and the arrival delay falls within set thresholds based on distance. Whether a reduction applies depends on the exact arrival delay and the flight distance.

Compensation vs reimbursement and care

EU261/UK261 compensation is separate from:

• Ticket refund or re-routing: passengers may be entitled to a refund or an alternative flight in cancellation and certain delay scenarios
• Right to care: meals, refreshments, communications, accommodation, and transport when the disruption meets the relevant thresholds
• Additional damages: further claims may be possible under other legal regimes in limited circumstances, but EU261/UK261 provides set compensation and does not automatically cover all consequential losses

Claim Process

Passengers typically claim directly from the operating airline, not necessarily the company that sold the ticket. A clear, evidence-based approach improves the likelihood of a timely resolution.

Step 1: Confirm the legal framework

• Determine whether EU261 or UK261 applies based on departure/arrival and the operating carrier
• Identify the disruption type: delay, cancellation, or denied boarding
• Confirm arrival delay time at the final destination (for delays, the arrival time is the key metric)

Step 2: Identify the reason given by the airline

Airlines may cite operational issues, technical problems, weather, air traffic control, or knock-on delays. The reason matters because extraordinary circumstances can remove the obligation to pay compensation. Passengers may request clarification in writing if the explanation is vague.

Step 3: Submit a claim to the airline

• Use the airline’s online claim form or written customer relations channel
• State that the claim is made under EU261/2004 or UK261 as applicable
• Include flight details, booking reference, passenger names, and the disruption details
• Request the applicable fixed compensation amount and any reimbursement or expenses where relevant

Step 4: Escalate if the airline refuses or does not respond

If the airline rejects the claim or fails to respond within a reasonable time, passengers may consider escalation routes such as alternative dispute resolution where available, the relevant national enforcement body, or court proceedings. The appropriate escalation option depends on the flight route, the airline, and the passenger’s jurisdiction.

Documents to Prepare

Well-organised documentation supports both the initial claim and any later escalation.

• Booking confirmation and e-ticket receipt
• Boarding pass (or proof of check-in)
• Proof of disruption such as emails/SMS from the airline, airport screenshots, or written announcements
• Arrival time evidence where available (for example, messages showing arrival delay or records from the airline)
• Receipts for expenses (meals, transport, accommodation) if claiming care-related costs due to airline failure to provide assistance
• Any rebooking details including alternative flights offered and accepted

FAQ

Is compensation based on departure delay or arrival delay?

Under EU261/UK261 delay compensation is assessed by the delay at arrival at the final destination, not the departure delay.

Does a passenger still get compensation if the airline offers a voucher?

A passenger may generally request payment in money rather than a voucher. If a voucher is accepted, it is typically treated as an alternative form of settlement, so passengers should check the terms before agreeing.

What if the disruption was caused by bad weather?

Some weather conditions may qualify as extraordinary circumstances, which can mean compensation is not payable. However, the airline may still owe care and assistance depending on the situation and thresholds.

Do connecting flights count?

Where a journey is booked as a single itinerary to a final destination, the relevant arrival delay is usually measured at the final destination. Eligibility depends on the route, the operating carriers, and where the delay occurred.

Is a technical problem an extraordinary circumstance?

Whether compensation is payable depends on the specific cause. Some technical issues may be viewed as part of an airline’s normal operations, while other events may be treated differently. Passengers typically need the airline’s explanation to assess eligibility.

Conclusion

EU261/2004 and UK261 provide practical rights for passengers facing long delays, cancellations, or denied boarding, including fixed compensation amounts in eligible cases and assistance during disruption. A successful claim typically depends on confirming the applicable regime, documenting the arrival delay and disruption, and submitting a clear request to the operating airline with supporting evidence.