Azimuth Airlines: Damaged baggage claim (EU261) — Examples & Scenarios

Flight Delay Compensation (EU261/2004 and UK261): How to Claim What Passengers May Be Owed

Flight disruption can cause missed connections, lost time, and unexpected costs. Under EU Regulation 261/2004 (EU261) and the UK’s retained version known as UK261, eligible passengers may be entitled to fixed compensation and certain care rights when a flight is delayed, cancelled, or they are denied boarding. This guide explains when compensation may apply, how much may be available, and how to submit a claim in a practical and well-documented way.

Eligibility for flight delay compensation

Compensation depends on the route, the operating airline, and what caused the delay. EU261 and UK261 apply to many flights departing from the EU/EEA/Switzerland or the United Kingdom, and to certain flights arriving into those areas when operated by a qualifying carrier.

Flights generally covered by EU261

• Flights departing from an EU/EEA airport or Switzerland (regardless of airline nationality)
• Flights arriving into the EU/EEA from outside the EU/EEA when the operating carrier is an EU/EEA carrier

Flights generally covered by UK261

• Flights departing from a UK airport (regardless of airline nationality)
• Flights arriving into the UK from outside the UK when the operating carrier is a UK or EU/EEA carrier (in line with the UK’s retained rules)

Delay threshold: when compensation may be triggered

For flight delays, fixed compensation is typically linked to the time passengers arrive at their final destination (gate arrival time) compared with the scheduled arrival time. Compensation is commonly considered when the delay at final destination is 3 hours or more, provided the disruption was within the airline’s responsibility and not caused by extraordinary circumstances.

Extraordinary circumstances: when compensation may be refused

Airlines may deny compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The assessment is fact-specific. Examples often raised by airlines include severe weather, air traffic control restrictions, and certain security risks. Routine technical issues and operational problems are not automatically extraordinary; the airline typically needs to justify the reason clearly.

Connecting itineraries and “final destination”

For multi-leg journeys booked under one booking reference, the relevant delay is the arrival delay at the final destination, not the delay on an individual segment. If a late first leg causes a missed connection and a late arrival overall, eligibility may depend on whether the itinerary falls within EU261 or UK261 coverage and whether the cause was within the airline’s control.

Compensation amounts under EU261 and UK261

When compensation is due, it is typically a fixed sum based on the flight distance and the length of delay at final destination. The amounts below reflect the standard EU261 structure, which is mirrored in UK261 with payments made in pounds sterling when pursued under UK rules.

Standard compensation bands

• €250 for flights up to 1,500 km
• €400 for flights within the EU over 1,500 km, and for other flights between 1,500 km and 3,500 km
• €600 for flights over 3,500 km

Potential reductions on certain long-haul reroutings

For some long-distance disruptions where the airline offers rerouting and the arrival delay is limited, the regulation allows the carrier to reduce the compensation by 50% in specific circumstances. Whether a reduction applies depends on flight distance and the final arrival delay after rerouting.

Care and assistance rights (separate from compensation)

Even where compensation is not payable, passengers may still have rights to care and assistance once delays reach certain time thresholds. This can include meals and refreshments, access to communications, and hotel accommodation and transport where an overnight stay becomes necessary. What is “appropriate” depends on the delay length and circumstances, and passengers should keep receipts where they pay out of pocket.

How to claim flight delay compensation

Claims are usually made directly to the operating airline. A clear submission with supporting evidence improves the chances of a timely resolution.

Step 1: Confirm the flight is within EU261 or UK261 scope

Passengers should confirm the departure and arrival airports, the operating carrier (not just the marketing carrier), and whether the itinerary was booked as a single journey.

Step 2: Calculate the arrival delay at final destination

The key measure is the difference between the scheduled arrival time and the actual time the aircraft doors opened at the final destination. Boarding delays alone are not decisive if the flight makes up time and arrives under the threshold.

Step 3: Identify the airline’s stated reason and assess whether it may be extraordinary

Passengers should request the airline’s disruption reason in writing if it is not provided. Where the airline relies on extraordinary circumstances, it is generally expected to provide a coherent explanation and, where relevant, indicate what reasonable measures were taken to avoid or mitigate the delay.

Step 4: Submit a written claim to the airline

A claim typically includes passenger details, booking reference, flight number, date, route, the delay length at final destination, and the compensation amount sought under EU261 or UK261. Passengers should keep a copy of the submission and any responses.

Step 5: Escalate if necessary

If the airline rejects the claim or does not respond within a reasonable period, passengers may consider escalation routes such as an approved alternative dispute resolution body (where applicable) or the relevant national enforcement body, depending on the jurisdiction and the airline’s scheme participation. Court action may be an option for some claims, and professional advice may be appropriate for complex disputes.

Documents and evidence to support a claim

Strong documentation helps establish the booking, the delay length, and any additional costs.

Essential documents

• Booking confirmation and e-ticket or itinerary receipt
• Boarding pass (or evidence of check-in)
• Proof of actual arrival time (airline notification, airport records, or credible travel app logs)
• Any written communication from the airline explaining the delay cause

Receipts for care and assistance expenses

If passengers paid for meals, transport, or accommodation during a qualifying delay, receipts should be retained. Reimbursement requests are typically evaluated for reasonableness and necessity in light of the delay and what the airline offered.

FAQ

Is compensation available for a delay under 3 hours?

Fixed compensation is generally associated with arriving at the final destination 3 hours or more late. However, separate care and assistance rights may still apply during long waits, depending on the delay duration and flight distance.

Does a voucher affect the right to cash compensation?

Compensation under EU261/UK261 is generally payable in money, although airlines may offer vouchers. Passengers are not usually required to accept a voucher instead of cash, and any alternative form of payment should be agreed by the passenger.

Can passengers claim if the airline says it was bad weather?

Bad weather may qualify as extraordinary circumstances, but eligibility depends on the specific facts, including timing, severity, and whether the airline took reasonable measures. Passengers may request clarification and supporting details from the airline.

What if the delay caused a missed connection?

If the journey was booked as a single itinerary and the final arrival delay meets the threshold, compensation may be considered based on the final destination delay and the cause of the disruption, provided EU261 or UK261 applies to the itinerary.

Do passengers have a right to meals and accommodation during delays?

EU261/UK261 provide rights to care and assistance during significant delays, which can include meals, communications, and accommodation where necessary. These rights are separate from fixed compensation and may apply even when compensation is not owed.

Conclusion

EU261 and UK261 can provide meaningful protection when flights are seriously delayed, including fixed compensation in eligible cases and practical care rights during long waits. Passengers improve their chances of success by focusing on the final arrival delay, confirming whether the flight falls within the regulation’s scope, and submitting a well-documented claim to the operating airline.