AJet: Lost baggage claim (EU261) — Documents You Need

Flight Delay Compensation Guide Under EU261/2004 and UK261

Passengers facing disrupted travel may have rights to care, rerouting, refunds, and in some cases fixed-sum compensation under EU Regulation 261/2004 (EU261) or the UK equivalent (UK261). This guide explains when compensation may apply, how much may be owed, and how to make a claim in a practical, evidence-based way.

Eligibility for Compensation

Compensation under EU261/UK261 generally depends on the flight’s jurisdictional coverage, the length of the delay at arrival, and the cause of the disruption.

When EU261 applies

• Flights departing from an EU/EEA/Swiss airport, regardless of airline nationality; or
• Flights arriving into the EU/EEA/Switzerland operated by an EU/EEA/Swiss carrier.

When UK261 applies

• Flights departing from the UK, regardless of airline nationality; or
• Flights arriving into the UK operated by a UK carrier.

Delay threshold (arrival time matters)

For a delay-based compensation claim, the key benchmark is typically an arrival delay of 3 hours or more at the final destination. “Arrival” is usually assessed by when at least one aircraft door opens and passengers are permitted to disembark.

Extraordinary circumstances (when compensation may be refused)

Even where the delay meets the threshold, airlines may deny compensation if they can show the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Examples commonly treated as extraordinary include certain severe weather events, air traffic control restrictions, and some security risks. Determinations are fact-specific and depend on evidence and the real cause of the delay.

Compensation Amounts Under EU261/UK261

Where compensation is owed, EU261/UK261 sets fixed amounts primarily based on flight distance, and the delay length at arrival may affect eligibility. The usual compensation bands are:

• €250 for flights up to 1,500 km
• €400 for intra-EU flights over 1,500 km and all other flights between 1,500 km and 3,500 km
• €600 for flights over 3,500 km

Under UK261, the same structure applies but compensation is paid in the UK equivalent currency amount as set by the applicable UK rules and airline practice.

Connecting journeys and final destination

For itineraries involving connections booked under the same reservation, the delay is assessed at the final destination, not the intermediate airport. A short first-leg delay can still qualify if it leads to a missed connection and a 3+ hour arrival delay overall.

Right to Care: Meals, Accommodation, and Communications

Separate from compensation, passengers may be entitled to care and assistance during significant delays, typically including:

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

Care obligations apply based on delay length and flight distance thresholds set out in the regulation. Passengers should keep receipts if they pay out of pocket, choosing reasonable options aligned with the situation.

Refunds and Rerouting Options

When a delay is long enough, passengers may have the right to choose between:

• Refund for the unused ticket (and in some cases a return flight to the first departure point if relevant); or
• Rerouting to the final destination under comparable conditions at the earliest opportunity; or
• Rerouting at a later date at the passenger’s convenience, subject to seat availability.

These rights can apply even when compensation is not payable due to extraordinary circumstances.

How to Claim Flight Delay Compensation

A claim is typically made directly to the operating airline. A practical approach is to document the disruption carefully and submit a clear, dated request.

Step-by-step process

• Confirm coverage under EU261 or UK261 based on routing and airline.
• Record the arrival delay at the final destination and keep any airline notifications.
• Submit a written claim to the airline, stating that the request is made under EU261/UK261 and specifying the flight number, date, booking reference, and delay duration.
• Request reimbursement for reasonable care expenses where applicable, attaching receipts.
• Keep copies of all correspondence and attachments.

What airlines commonly ask for

• Passenger names as on the booking
• Booking reference (PNR) and ticket number (if available)
• Flight number, date, route, and final destination
• Bank details for payment (if compensation is approved)

Documents to Keep

Strong documentation can reduce delays and disputes. Recommended items include:

• Boarding pass or e-ticket confirmation
• Proof of delay duration (airport screenshots, airline messages, or photographs of departure/arrival boards)
• Receipts for meals, transport, and accommodation paid personally
• Any written explanation from the airline about the disruption
• Proof of connection itinerary where relevant (single booking confirmation)

FAQ

Does compensation depend on the departure delay or arrival delay?

Compensation eligibility is generally assessed by the arrival delay at the final destination, not the departure time.

Can compensation be claimed for a missed connection?

Yes, where the itinerary is under the same booking and the passenger arrives at the final destination 3 hours or more late, EU261/UK261 may apply, subject to extraordinary circumstances.

Is compensation still available when the airline provides vouchers or miles?

EU261/UK261 compensation is typically a cash right. Airlines may offer vouchers, but passengers are generally not required to accept them instead of money where cash compensation is due.

What if the airline says the delay was due to extraordinary circumstances?

An airline may refuse compensation on that basis, but the assessment depends on the specific cause and whether reasonable measures could have reduced the delay. Passengers may request a clear explanation and keep all evidence related to the disruption.

Can care and expense reimbursement apply even if compensation is denied?

Yes. The right to care can apply even where compensation is not payable, depending on the circumstances and delay length.

Conclusion

EU261 and UK261 can provide meaningful protection during flight delays, including care at the airport, rerouting or refunds in longer disruptions, and fixed compensation where eligibility requirements are met. A careful claim supported by clear evidence of the arrival delay, booking details, and reasonable receipts gives passengers the best chance of a smooth outcome.