Georgian Airways: When compensation is refused (US DOT rules) — What to Do

Flight Delay Compensation Under EU261/2004 and UK261

Passengers may have rights to flight delay compensation under EU261/2004 or UK261 when a flight arrives significantly late and the disruption is within the airline’s responsibility. These rules can apply to many flights departing from the EU/EEA/Switzerland or the UK, and in some cases to flights arriving into those areas on an EU/UK carrier. The specific outcome depends on the route, the operating airline, the length of the delay at arrival, and whether the cause is considered “extraordinary circumstances.”

Eligibility for Compensation

Compensation eligibility is typically assessed based on the delay at arrival (when at least one aircraft door opens and passengers can disembark), the journey distance, and the circumstances behind the disruption.

When EU261/2004 May Apply

• A flight departs from an EU/EEA airport or Switzerland, regardless of airline nationality; or
• A flight arrives into the EU/EEA from a non-EU country and is operated by an EU/EEA carrier.

When UK261 May Apply

• A flight departs from a UK airport, regardless of airline nationality; or
• A flight arrives into the UK and is operated by a UK carrier.

Minimum Delay Threshold

Compensation generally becomes relevant where the arrival delay is 3 hours or more, provided the airline is responsible and the disruption is not caused by extraordinary circumstances.

Extraordinary Circumstances

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 commonly treated as extraordinary include certain severe weather events, air traffic control restrictions, and some security risks. Each case depends on evidence and the specific facts of the disruption.

Compensation Amounts (EU261/UK261)

Under EU261/2004 and UK261, compensation amounts are usually calculated by flight distance and the delay at arrival. The standard compensation bands are:

• €250 for flights of 1,500 km or less
• €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 (typically long-haul)

Under UK261, compensation is paid in GBP (pounds sterling) at the UK-set amounts, which broadly mirror the EU261 bands.

Reduced Compensation on Some Long-Haul Re-Routings

In certain long-haul situations where the airline offers rerouting and the arrival delay falls within specified shorter thresholds, the compensation may be reduced. Whether a reduction applies depends on distance, rerouting, and the final arrival delay.

Right to Care and Assistance During Delays

Separate from compensation, passengers may be entitled to assistance while waiting, depending on delay length and flight distance. This can include:

• Meals and refreshments in reasonable relation to the waiting time
• Two communications (for example, phone calls or emails)
• Hotel accommodation and transport where an overnight stay becomes necessary

If the airline does not provide assistance when required, passengers may be able to recover reasonable costs, supported by receipts and a clear explanation of necessity.

How to Claim Flight Delay Compensation

A claim is usually made to the operating airline (the carrier that actually flew or was scheduled to fly the flight). Passengers typically follow these steps:

• Identify the regulation (EU261/2004 or UK261) based on departure/arrival location and airline nationality.
• Confirm the arrival delay was 3 hours or more.
• Check the cause of the delay and whether it may qualify as extraordinary circumstances.
• Submit a written claim through the airline’s customer relations channel, keeping copies of all correspondence.
• Escalate if needed to an approved alternative dispute resolution body or relevant national enforcement route where applicable, or seek independent legal advice.

What a Strong Claim Includes

• Flight number, date, booking reference, and passenger names
• Scheduled and actual arrival time (with supporting evidence where possible)
• Clear statement that the claim is made under EU261/2004 or UK261
• Requested compensation amount based on distance band
• Bank details for payment (only via a secure process)

Documents to Keep

To support a compensation or reimbursement claim, passengers typically retain:

• Boarding pass and e-ticket confirmation
• Booking confirmation and receipts showing payment
• Proof of the delay (airline email/SMS, airport screen photo, or written confirmation)
• Receipts for meals, transport, and accommodation (if claiming care costs)
• Any rerouting details (new boarding passes, updated itinerary)

Frequently Asked Questions

Is compensation owed for a delay caused by bad weather?

Compensation is generally not owed where the delay is caused by extraordinary circumstances such as certain severe weather conditions. However, the airline may still owe care and assistance, and the facts matter—especially where disruption is connected to operational decisions rather than unavoidable weather impacts.

Does a delay count at departure or arrival?

For compensation under EU261/UK261, the key measurement is usually the arrival delay at the final destination on the booking.

What if the airline offers vouchers instead of money?

Passengers are generally entitled to receive compensation in money (for example, bank transfer) unless they voluntarily agree to accept vouchers or another form of settlement.

Can connecting flights be covered?

Connecting itineraries may be covered when booked as a single reservation and the final destination arrival delay meets the threshold. The applicable regulation depends on the route, carriers involved, and departure/arrival locations.

Is care and assistance different from compensation?

Yes. Care and assistance relate to support during the wait (meals, communications, accommodation where needed). Compensation is a separate fixed-sum amount that depends on delay length, distance, and responsibility.

Conclusion

EU261/2004 and UK261 can provide meaningful protection for passengers affected by long flight delays, including fixed compensation in eligible cases and practical support during the disruption. The strongest outcomes typically come from documenting the delay, understanding whether extraordinary circumstances apply, and submitting a clear claim to the operating airline with appropriate evidence.