Austrian Airlines: Compensation time limits (Montreal Convention) — Examples & Scenarios

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

Flight delays can disrupt plans, create unexpected costs, and cause significant inconvenience. Under EU261/2004 and the UK’s retained version of that law (often called UK261), eligible passengers may be entitled to fixed compensation and “duty of care” assistance when a flight is delayed, cancelled, or results in denied boarding. This guide explains when flight delay compensation may apply, what amounts may be available, and how to submit a claim in a clear, practical way.

Eligibility for Flight Delay Compensation

Compensation for a flight delay is not automatic in every situation. Eligibility depends mainly on the flight’s route, the operating carrier, the length of the delay at arrival, and the reason for the disruption.

When EU261/2004 May Apply

EU261/2004 can apply where:

• The flight departs from an airport in the EU/EEA or Switzerland, regardless of airline, or
• The flight arrives in the EU/EEA or Switzerland and is operated by an EU/EEA/Swiss carrier.

When UK261 May Apply

UK261 can apply where:

• The flight departs from an airport in the United Kingdom, regardless of airline, or
• The flight arrives in the United Kingdom and is operated by a UK carrier.

Delay Threshold: Measured at Arrival

For compensation purposes, the key measure is typically the delay at the final destination arrival time, not the departure delay. In many situations, compensation becomes relevant when the arrival delay is 3 hours or more.

Extraordinary Circumstances May Exclude Compensation

Under EU261/2004 and UK261, 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 can include certain severe weather events or air traffic control restrictions. Routine operational issues or standard technical problems are not automatically extraordinary, and each case depends on its facts.

Compensation Amounts for Flight Delays

When compensation is due, the amount is typically fixed based on flight distance and the length of delay at arrival. Under EU261/2004 and UK261, the standard brackets are commonly described as follows:

• €250 (or UK equivalent) for flights up to 1,500 km
• €400 (or UK equivalent) for flights within the EU/EEA/UK over 1,500 km and for other flights between 1,500 km and 3,500 km
• €600 (or UK equivalent) for flights over 3,500 km

In some eligible long-haul scenarios, the compensation may be reduced by 50% if the delay length falls within certain thresholds set by the regulation. The airline’s assessment usually depends on the precise distance and arrival delay.

Airline Duty of Care During Delays

Separate from fixed compensation, EU261/2004 and UK261 impose care and assistance obligations on airlines once delays reach certain time thresholds. Depending on the delay length and flight distance, passengers may be entitled to:

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

If an airline does not provide required assistance, passengers may be able to seek reimbursement for reasonable, necessary expenses. Receipts and clear proof of purchase are typically important.

How to Claim Flight Delay Compensation

A flight delay compensation claim is generally made to the operating carrier (the airline that actually flew or was scheduled to fly the flight), not necessarily the company that sold the ticket.

Step 1: Confirm Jurisdiction and Flight Details

The passenger should identify whether EU261/2004 or UK261 applies by checking the departure and arrival airports and the operating airline’s status. The booking confirmation and boarding pass often show the flight number, route, and date.

Step 2: Calculate Arrival Delay and Distance

The passenger should record the actual arrival time at the final destination (typically when at least one aircraft door opens). For connecting trips, the delay is usually measured at the final destination on the booking, not the intermediate stop.

Step 3: Submit the Claim to the Airline

Most airlines provide online claim forms for EU261/2004 or UK261 requests. A claim usually requires basic passenger identification and flight details, and it is often supported by evidence such as the boarding pass or booking reference.

Step 4: Escalate if the Airline Rejects the Claim

If an airline refuses compensation, a passenger may consider escalation routes depending on the circumstances:

• Using an airline’s alternative dispute resolution (ADR) body (where applicable)
• Submitting a complaint to the relevant national enforcement body
• Considering court action within the applicable limitation period and jurisdiction

A rejection should be reviewed carefully to see whether the airline is relying on extraordinary circumstances and whether the explanation matches the evidence.

Documents and Evidence to Support a Claim

Well-organized documentation can make a claim easier to evaluate and may reduce disputes. Passengers typically keep:

• Booking confirmation and e-ticket receipt
• Boarding pass (or proof of check-in)
• Any written delay or disruption notices from the airline
• Photos of airport boards showing delay information (if available)
• Receipts for meals, transport, and hotel costs (if reimbursement is required)
• Any email or SMS communications about schedule changes

FAQ

Does a passenger need travel insurance to claim under EU261/2004 or UK261?

No. EU261/2004 and UK261 are passenger rights regimes separate from travel insurance. Insurance may assist with additional losses, but it is not required to pursue statutory compensation.

Is compensation available if the flight arrived less than 3 hours late?

In many cases, fixed compensation is closely tied to an arrival delay of 3 hours or more. However, other rights like duty of care can apply earlier, depending on the length of the delay and flight distance.

Can passengers claim for connecting flights?

Where the journey is booked as a single itinerary, the arrival delay is typically measured at the final destination. If the final arrival delay meets the threshold and the route falls within EU261/2004 or UK261 scope, compensation may be possible.

What if the airline offers vouchers instead of money?

Airlines may offer vouchers, but passengers can generally request payment in money where compensation is due under EU261/2004 or UK261. Any acceptance of vouchers should be considered carefully, especially if it requires waiving further rights.

Does the reason for the delay matter?

Yes. Even if a delay meets time and route criteria, the airline may argue that extraordinary circumstances apply. Passengers often benefit from requesting a clear, written reason for the disruption and keeping supporting evidence.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when flights are delayed, including fixed compensation in eligible cases and practical assistance at the airport. A successful flight delay compensation claim typically depends on confirming that the regulation applies, documenting the arrival delay, and maintaining clear records. When an airline rejects a claim, escalation through ADR, enforcement bodies, or legal routes may be appropriate depending on the facts.