Brussels Airlines: How to claim step-by-step (Montreal Convention) — Rights & Amounts

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

Flight delays can disrupt travel plans, create unexpected costs, and cause significant inconvenience. Under EU261/2004 and the UK’s retained version of the same rules (commonly referred to as UK261), many passengers may be entitled to flight delay compensation when a delay meets specific criteria. This guide explains eligibility, compensation amounts, the claim process, and the documents typically needed to support a claim.

Eligibility for Flight Delay Compensation

EU261/2004 and UK261 provide passenger rights for certain flights when a delay results in a late arrival at the final destination. Eligibility generally depends on the route, the airline, and the length and cause of the delay.

Which flights are covered

• EU261/2004: Typically applies to flights departing from an airport in the EU/EEA/Switzerland, and to flights arriving in the EU/EEA/Switzerland operated by an EU/EEA carrier.
• UK261: Typically applies to flights departing from the UK, and to flights arriving in the UK operated by a UK carrier.

Arrival delay threshold

Compensation eligibility is commonly assessed based on arrival delay at the final destination (not departure delay). In many situations, compensation may be due when arrival is delayed by 3 hours or more.

Extraordinary circumstances

Airlines are generally not required to pay 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 referenced in guidance include severe weather, air traffic control restrictions, airport closures, security incidents, and some sudden airspace restrictions. Routine technical issues and standard operational challenges are not automatically treated as extraordinary; the specific facts matter.

Connecting flights and final destination

Where travel involves one or more connections booked under the same reservation, the relevant delay is measured at the final destination. A short initial delay can still lead to compensation if it results in missing a connection and arriving 3+ hours late overall, provided the trip is within the scope of EU261/UK261 and no extraordinary circumstances apply.

Compensation Amounts (EU261/2004 and UK261)

Compensation amounts are generally based on the flight distance and the length of delay on arrival. Under EU261/2004, amounts are set in euros. Under UK261, the UK applies equivalent rules with payments typically made in pounds sterling, often using an airline’s conversion approach.

• Up to 1,500 km: €250
• 1,500 to 3,500 km: €400
• Over 3,500 km: €600

On some long-haul routes, compensation may be reduced by 50% where the arrival delay falls within specific lower bands for long-distance flights that still exceed 3 hours, depending on the circumstances and distance category.

Additional Rights During a Delay (Duty of Care)

Separate from compensation, EU261/UK261 may require airlines to provide care and assistance once a delay reaches certain thresholds (often linked to distance and delay duration). This can include:

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

Where an airline does not provide care, passengers may be able to request reimbursement for reasonable expenses, supported by receipts. Reasonableness and necessity are important when documenting costs.

How to Make a Flight Delay Compensation Claim

A typical claim process involves contacting the airline directly with the relevant details and supporting documents. Many airlines provide web forms specifically for EU261/UK261 claims.

Step-by-step approach

• Confirm coverage: Ensure the route and operating airline fall under EU261/UK261.
• Calculate arrival delay: Use the arrival time at the gate (or when passengers are permitted to disembark) as the practical benchmark, where available.
• Identify the cause: Record what the airline communicated about the reason for the delay.
• Submit a written claim: Provide booking reference, flight number, travel date, passenger names, and the compensation request under EU261 or UK261 as applicable.
• Keep a paper trail: Save emails, screenshots, and any responses from the airline.

Time limits

Limitation periods vary depending on the country whose courts would handle the claim (often linked to the departure/arrival location or where the airline is based). Passengers generally benefit from acting promptly, as evidence can be easier to obtain soon after travel.

Documents and Evidence to Keep

Strong documentation can help an airline assess a claim efficiently and can be important if a dispute arises.

• Booking confirmation and itinerary: Including any connection details under the same reservation.
• Boarding pass (if available): Paper or digital.
• Proof of delay: Screenshots of airport boards, airline notifications, or arrival-time records.
• Receipts for expenses: Meals, accommodation, transport, and other essential costs during the delay.
• Written delay explanation: Any messages from the airline referencing the reason for disruption.

FAQ

Is compensation based on departure delay or arrival delay?

Compensation is commonly determined by the arrival delay at the final destination. A flight that departs late may not qualify if it arrives less than 3 hours late, while a modest departure delay can still qualify if it causes a missed connection and a 3+ hour late arrival overall.

Can compensation apply if the airline offered vouchers?

A voucher or goodwill gesture does not automatically remove statutory rights. If an airline asks a passenger to accept a voucher as full and final settlement, the terms should be read carefully before acceptance.

Does bad weather always remove the right to compensation?

Severe weather may qualify as an extraordinary circumstance, but compensation decisions depend on the specific facts and whether the airline took all reasonable measures. Care and assistance obligations may still apply even when compensation is not due.

Can a passenger claim both compensation and reimbursement of expenses?

Compensation (a fixed amount) and reimbursement for reasonable care-related expenses are separate concepts. Where the rules apply, a passenger may be eligible for compensation and also seek reimbursement for reasonable out-of-pocket costs if the airline did not provide the required assistance.

What if a flight is operated by a different airline than the one that sold the ticket?

Claims are usually directed to the operating air carrier (the airline that actually operated the flight), even if the ticket was purchased from another airline under a codeshare arrangement.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when a flight is delayed and passengers arrive significantly late at their final destination. Eligibility depends on the flight’s coverage, the length of the arrival delay, and whether extraordinary circumstances were involved. When a delay occurs, careful record-keeping, prompt communication with the airline, and a clear, well-documented claim can help passengers pursue the compensation and assistance they may be entitled to under the applicable rules.