Emirates: Damaged baggage claim (Turkey SHY Passenger) — FAQ

Flight Delay Compensation Under EU261/2004 and UK261

Flight delays can cause significant disruption, additional costs, and missed connections. In many cases, passengers may have a legal right to compensation and assistance under EU Regulation 261/2004 (EU261) or its UK equivalent (UK261). This guide explains when compensation may apply, how much may be available, and how to make a claim in a practical, step-by-step way.

Eligibility for Compensation

Compensation under EU261/UK261 generally depends on where the flight departs from, which airline operates the flight, and the length and cause of the delay. The rules apply differently depending on the journey type and carrier.

When EU261 May Apply

• Departing from an EU/EEA airport: EU261 typically applies regardless of the airline’s nationality.
• Arriving into the EU/EEA on an EU/EEA carrier: EU261 typically applies when the operating carrier is based in the EU/EEA.

EU261 generally covers flights from EU countries and the EEA (including Iceland, Norway, and Liechtenstein). Switzerland commonly follows similar standards through agreements, but eligibility should be checked carefully based on the specific route and carrier.

When UK261 May Apply

• Departing from the UK: UK261 typically applies regardless of the airline’s nationality.
• Arriving into the UK on a UK/eligible carrier: UK261 can apply depending on the carrier and route.

UK261 mirrors EU261 in most practical respects for passenger rights, including compensation thresholds and duty of care principles.

Delay Length That May Trigger Compensation

For flight delays, compensation is generally assessed based on the delay at the final destination (arrival delay), not the departure delay. Compensation may be due where a passenger arrives 3 hours or more late, provided the delay was within the airline’s responsibility.

Situations Where Compensation May Not Be Payable

Compensation is generally not payable when a delay is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. While each case depends on its facts, examples may include certain severe weather events or air traffic control restrictions.

Even when compensation is not due, airlines may still owe care and assistance (such as meals, refreshments, and accommodation where required) depending on the delay length and circumstances.

Compensation Amounts

Under EU261/UK261, compensation amounts are typically based on the flight distance and the length of the arrival delay.

• Up to 1,500 km: up to €250 (or the UK equivalent under UK261)
• 1,500 km to 3,500 km: up to €400 (or the UK equivalent under UK261)
• Over 3,500 km: up to €600 (or the UK equivalent under UK261)

On certain long-haul itineraries, the compensation may be reduced in specific circumstances, such as when the arrival delay falls within a lower time band. The precise calculation depends on the route and final arrival delay.

Airline Duty of Care During a Delay

Separate from compensation, EU261/UK261 provides a right to care and assistance when delays reach certain thresholds. Depending on the delay time and flight distance, airlines may need to provide:

• Meals and refreshments proportionate to the waiting time
• Two communications (for example, phone calls or emails)
• Hotel accommodation and transport between the airport and hotel if an overnight stay becomes necessary
• Re-routing or refund options in qualifying situations

If the airline does not provide assistance when required, passengers may be able to claim reimbursement for reasonable expenses, supported by receipts.

How to Claim Flight Delay Compensation

A claim is typically made to the operating carrier (the airline that actually operated the flight), even if the ticket was booked through another airline or travel agent.

Step-by-Step Claim Process

• Confirm eligibility: identify whether EU261 or UK261 applies and whether the arrival delay at the final destination was 3 hours or more.
• Check the reason for the delay: where possible, use written airline notifications, airport announcements, or customer service messages.
• Submit a claim to the airline: provide flight details, booking reference, passenger names, and arrival delay information.
• Keep communication in writing: retain copies of emails, webform confirmations, and responses.
• Escalate if needed: if the airline rejects the claim or does not respond within a reasonable period, passengers may be able to escalate through alternative dispute resolution (where available) or the relevant national enforcement approach, and may consider legal action in the appropriate jurisdiction.

Time Limits (Limitation Periods)

Time limits vary depending on the jurisdiction and the legal basis used. Passengers should avoid delay and submit claims as soon as practical after disruption. For UK261 claims, limitation rules can differ across the UK’s legal systems. For EU261 claims, limitation periods can vary by member state.

Documents and Evidence to Support a Claim

Well-organised evidence can improve the chances of a smooth claim process. Passengers typically should keep:

• Boarding pass and/or e-ticket confirmation
• Booking confirmation showing passenger names and itinerary
• Proof of delay (arrival time screenshots, airline messages, airport information where available)
• Receipts for expenses (meals, transport, hotel) if claiming reimbursement under duty of care principles
• Written correspondence with the airline

Frequently Asked Questions

Does a departure delay automatically qualify for compensation?

No. Compensation is generally assessed by the delay at arrival at the final destination. A late departure may still result in on-time or near on-time arrival, which may affect eligibility.

What if a passenger misses a connection due to the first flight being delayed?

If the itinerary is on a single booking and the passenger arrives at the final destination 3 hours or more late, compensation may be payable under EU261/UK261 (subject to eligibility and extraordinary circumstances). The final destination and total arrival delay are typically key.

Can passengers claim both compensation and expense reimbursement?

Potentially yes. Compensation (where due) addresses loss of time. Reimbursement for reasonable expenses may be possible where the airline failed to provide required care and assistance during the delay, provided receipts are available and costs are proportionate.

Are technical problems considered extraordinary circumstances?

Not always. Whether an issue is extraordinary depends on the specific facts and the nature of the problem. Airlines often investigate and may dispute claims on this basis. Passengers should keep any written explanations provided and request clarity if the airline’s reason is vague.

Does EU261/UK261 apply to package holidays?

It can. If the flight meets the regulation’s route and carrier requirements, passengers may still have rights under EU261/UK261 even when the trip was booked as part of a package. Separate rights may also exist under package travel rules, depending on the circumstances.

Conclusion

EU261 and UK261 can provide meaningful protection when passengers face long delays, including potential compensation for arrival delays of 3 hours or more and a right to care and assistance during disruption. Eligibility depends on the route, carrier, delay length, and the cause of the delay. With the right documents and a clear claim submission to the operating airline, passengers can pursue their rights in a practical and organised way.