easyJet: When compensation is refused (UK261) — Rights & Amounts

Flight Delay Compensation Claim Guide (EU261/2004 and UK261)

Passengers affected by long flight delays and cancellations may have the right to claim compensation under EU Regulation 261/2004 (EU261) or its UK equivalent (UK261). These rules apply in many common travel scenarios and can provide fixed-sum compensation when an airline is responsible for significant disruption. This guide explains when a passenger may be eligible, how much compensation may be available, and how to make a practical, well-supported claim.

Eligibility for compensation

Compensation under EU261/UK261 is not automatic for every delay. A claim is usually assessed based on (1) where the flight departed and arrived, (2) which airline operated the flight, (3) how long the delay was at the final destination, and (4) whether the disruption was within the airline’s control.

Which flights are covered

• EU261: Generally covers flights departing from an EU/EEA airport (including Iceland, Norway, and Switzerland), and flights arriving into the EU/EEA when operated by an EU/EEA-based carrier.
• UK261: Generally covers flights departing from a UK airport, and flights arriving into the UK when operated by a UK carrier.

Minimum delay threshold

For most compensation claims relating to delays, the key threshold is an arrival delay of 3 hours or more at the final destination. The relevant time is typically when at least one aircraft door opens and passengers are permitted to disembark.

Airline responsibility and extraordinary circumstances

Compensation is normally available where the delay was caused by issues within the airline’s responsibility. Airlines may avoid paying compensation if they can demonstrate the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

Common examples that may be treated as extraordinary circumstances can include severe weather affecting operations, air traffic control restrictions, certain security risks, and some emergency situations at the airport or in the airspace. Routine technical problems and typical operational issues are often assessed as within the airline’s control, but each case depends on evidence and the specific facts.

Compensation amounts under EU261/UK261

When compensation is due for a qualifying delay or cancellation, EU261/UK261 sets fixed amounts based primarily on flight distance and the length of delay. The figures below are the standard EU261/UK261 compensation bands.

• €250 for flights of 1,500 km or less
• €400 for flights within the EU/EEA of more than 1,500 km, and for other flights between 1,500 km and 3,500 km
• €600 for flights of more than 3,500 km (typically long-haul)

In some circumstances—particularly where re-routing results in a shorter delay on arrival—airlines may argue for a reduced compensation amount. Passengers should review the airline’s calculation and compare it to the arrival delay at the final destination.

Other passenger rights: care and assistance

Separate from compensation, EU261/UK261 provides rights to care and assistance during significant delays, usually depending on flight distance and the length of the wait. This can include meals and refreshments, communication (such as calls or emails), and in some cases hotel accommodation and transport where an overnight stay becomes necessary.

These rights can apply even where compensation is not owed due to extraordinary circumstances, provided the situation meets the thresholds for assistance.

How to claim: step-by-step process

Step 1: Confirm the operating airline and route coverage

Claims are typically made to the operating carrier (the airline that actually flew or was scheduled to fly the flight). The booking airline and operating airline may differ on codeshare itineraries.

Step 2: Calculate the arrival delay at the final destination

For connecting itineraries, the relevant delay is usually the delay at the final destination on the booking, not the delay of an individual segment. Passengers should record the actual arrival time and keep any proof available.

Step 3: Identify the cause of disruption

Airlines often provide a general reason, but passengers may support a claim by keeping written notifications, screenshots of airline messages, and any airport announcements where possible. The airline must justify reliance on extraordinary circumstances if it refuses compensation.

Step 4: Submit a written claim to the airline

A practical claim should include the booking reference, flight number, date, passenger names, and the requested compensation amount under EU261/UK261. Passengers should state the arrival delay and request payment, while keeping the tone factual.

Step 5: Escalate if the airline refuses or does not respond

If the airline rejects the claim or does not respond within a reasonable period, a passenger may consider escalation. Options can include an approved alternative dispute resolution (ADR) scheme where available, a relevant national enforcement body, or court proceedings depending on jurisdiction and circumstances. Any escalation should be supported with documentation and a clear timeline.

Documents and evidence to keep

• Boarding passes and booking confirmation (including e-tickets)
• Proof of delay (photos of airport boards, screenshots of airline notifications, timestamps)
• Receipts for meals, transport, and accommodation where assistance was not provided
• Itinerary details for connecting flights showing the final destination
• Written correspondence with the airline (emails, chat transcripts, complaint references)

FAQ

Can compensation be claimed for a delay under 3 hours?

Compensation for delay is generally linked to an arrival delay of 3 hours or more. Shorter delays may still trigger rights to care and assistance, depending on the circumstances and how long the passenger is required to wait.

Does a cancellation count the same as a delay?

Cancellations can also qualify for compensation under EU261/UK261, depending on the notice given, the re-routing offered, and the arrival time at the final destination. Each cancellation should be assessed based on when the passenger was informed and the alternative flight provided.

Does a missed connection qualify for compensation?

A missed connection can qualify where it results in arrival at the final destination 3 hours or more late and the itinerary is covered under EU261/UK261. The relevant delay is typically measured at the final destination.

Can an airline refuse compensation due to weather or air traffic control?

Airlines may refuse compensation if they can show the delay was caused by extraordinary circumstances such as severe weather or air traffic control restrictions, and that reasonable measures would not have avoided the delay. Passengers may request clarification and keep evidence that supports the actual cause.

Does EU261/UK261 cover expenses like hotels and meals?

EU261/UK261 includes rights to care and assistance during qualifying delays, which can include meals, refreshments, accommodation when required, and transport between the airport and hotel. Passengers should keep receipts where the airline does not provide assistance directly.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when flights are significantly delayed or cancelled, particularly where the airline is responsible and the arrival delay meets the required threshold. A well-prepared claim—supported by clear evidence, correct flight details, and an accurate calculation of arrival delay—improves the likelihood of a successful outcome. Passengers should keep documents, submit a timely claim to the operating airline, and consider escalation routes if the airline does not engage or rejects the claim without adequate justification.