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

Flight delays can disrupt travel plans, create unexpected costs, and cause significant inconvenience. In many cases, passengers may have a legal right to flight delay compensation under EU261/2004 or UK261. This guide explains when compensation may apply, how much may be payable, and how to make a claim in a clear, practical way.

Eligibility for Flight Delay Compensation

Flight delay compensation is not automatic in every situation. Eligibility depends on the flight’s route, the operating airline, and the length and cause of the delay.

When EU261/2004 may apply

• Flights departing from an EU/EEA airport (regardless of airline), or
• Flights arriving into the EU/EEA on an EU/EEA-licensed carrier.

The rules apply to the operating airline (the airline that actually operates the flight), even if the ticket was booked through another carrier or travel company.

When UK261 may apply

• Flights departing from a UK airport (regardless of airline), or
• Flights arriving into the UK on a UK-licensed carrier.

UK261 is the UK’s retained version of EU261 and works in broadly the same way for passenger compensation rights.

Delay length: the key threshold

For compensation, the delay is usually assessed at the final destination. In practice, compensation is generally linked to arriving 3 hours or more later than the scheduled arrival time.

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. Examples often cited include some severe weather events and certain air traffic management restrictions. The airline typically needs to show that extraordinary circumstances applied and that reasonable steps were taken to prevent the delay.

By contrast, many routine operational issues within an airline’s control may not qualify as extraordinary circumstances, which can mean compensation remains payable if the other conditions are met.

Compensation Amounts (EU261/UK261)

Compensation under EU261/2004 and UK261 is generally set by distance bands. Amounts are typically stated in euros under EU261 and paid in the local currency equivalent where relevant (for UK261, often in pounds sterling or an equivalent amount).

• €250 for flights up to 1,500 km
• €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

In certain rerouting scenarios that lead to a shorter delay at arrival, the compensation can sometimes be reduced. The operating airline should be able to explain any reduction and how it was calculated.

How to Claim Flight Delay Compensation

A flight delay compensation claim is usually made directly to the operating airline. Many claims can be submitted through an airline’s online form or customer relations channel.

Step-by-step claim process

• Confirm applicability: check whether EU261/UK261 applies based on departure/arrival and carrier licensing.
• Check arrival delay: calculate the delay at the final destination (not simply the departure delay).
• Identify the operating airline: the legal obligation typically sits with the airline that operated the flight.
• Submit the claim: provide flight details, passenger details, and the requested compensation basis.
• Keep records: maintain copies of submissions, emails, and any responses.

Time limits (limitation periods)

Deadlines to bring a claim can vary depending on the legal jurisdiction that applies. Passengers should consider acting promptly and checking the relevant limitation period for their circumstances.

Documents and Evidence to Support a Claim

Having clear documentation can help a passenger demonstrate eligibility and speed up processing.

• Booking confirmation and itinerary
• Boarding pass (if available)
• Proof of delay (arrival time evidence, airline notifications, airport display screenshots, or correspondence)
• Receipts for reasonable expenses if claiming reimbursement for care and assistance (where applicable)
• Any rerouting details if the passenger was placed on an alternative flight

FAQ

Is compensation based on departure delay or arrival delay?

Compensation is generally linked to the delay at arrival at the final destination. A late departure does not automatically mean compensation if the flight makes up time and arrives within the relevant threshold.

Can passengers claim both compensation and expenses?

EU261/UK261 provides for different categories of rights. Depending on the situation, a passenger may be entitled to fixed compensation and also care and assistance (such as meals and refreshments) during long delays. Reimbursement for reasonable expenses may be relevant where the airline did not provide care and assistance when required.

Does it matter if the flight was booked through a travel agent?

Claims are typically made against the operating airline, even if the booking was made through a third party.

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

The airline generally must show that extraordinary circumstances applied and that reasonable measures were taken to avoid the delay. If a passenger disputes the explanation, keeping written correspondence and any available evidence can be helpful.

Do connecting flights count?

Where an itinerary involves connecting flights, the relevant delay is usually assessed at the final destination. If the delay at the final destination meets the threshold and EU261/UK261 applies to the itinerary, compensation may be available, subject to the cause of the disruption and other conditions.

Conclusion

Flight delay compensation under EU261/2004 and UK261 can provide meaningful financial relief when passengers arrive at their final destination 3 hours or more late and the delay is not caused by extraordinary circumstances. A successful claim typically depends on confirming the regulation’s applicability, documenting the arrival delay, and submitting a clear request to the operating airline with supporting evidence.