Iberia: Flight cancellation compensation (UK261) — How It Works

Flight Delay Compensation Under EU261/2004 and UK261

Passengers affected by significant flight disruption may have rights to assistance and, in some cases, cash compensation under Regulation (EC) No 261/2004 (EU261) or its UK equivalent (UK261). These rules can apply to flight delays, cancellations, missed connections, and denied boarding, depending on the route, airline, and circumstances.

This guide explains how flight delay compensation works, when a claim may be possible, what amounts may be payable, and how to submit a claim correctly using practical, document-based steps.

Eligibility for Flight Delay Compensation

Under EU261 and UK261, compensation is not automatic for every delay. Eligibility depends on the operating airline, the flight route, the length of the delay at arrival, and whether the cause was within the airline’s control.

When EU261 may apply

EU261 generally applies when:

• The flight departs from an airport in the EU/EEA/Switzerland, regardless of the airline; or
• The flight arrives in the EU/EEA/Switzerland and is operated by an EU/EEA/Swiss carrier.

When UK261 may apply

UK261 generally applies to similar scenarios connected to the United Kingdom, including flights departing from the UK, and certain flights arriving in the UK depending on the operating carrier and the applicable legal framework.

Delay threshold (arrival time matters)

For compensation related to delay, the key measure is typically the delay at arrival (when at least one aircraft door is opened and passengers are permitted to disembark). Compensation may be available when the arrival delay is 3 hours or more, subject to other conditions.

Extraordinary circumstances

Airlines may lawfully refuse compensation if the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Whether an event qualifies depends on the facts, and airlines are expected to explain the reason for refusal with sufficient detail.

Compensation Amounts for Flight Delays

Under EU261/UK261, compensation levels generally depend on the flight distance and the length of the delay at arrival. These amounts are typically fixed-sum amounts set by the regulation.

Typical compensation bands (in euros under EU261)

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

Under UK261, compensation is payable in pounds sterling using the UK’s applicable fixed amounts and conversion approach, depending on the route and distance.

Care and assistance during long delays

Separate from cash compensation, EU261/UK261 can require airlines to provide care and assistance when delays reach certain thresholds, which may include:

• Meals and refreshments appropriate to the waiting time
• Access to communication (such as calls or emails)
• Hotel accommodation and transport where an overnight stay becomes necessary

If the airline does not provide required assistance, passengers may be able to recover reasonable out-of-pocket costs with receipts, depending on the circumstances and local enforcement practice.

How to Make a Compensation Claim

A flight delay compensation claim is typically made directly to the operating airline. A clear, evidence-based submission improves the chance of a timely decision.

Step-by-step claim process

• Confirm applicability: Identify whether EU261 or UK261 applies based on the departure/arrival country and operating airline.
• Calculate arrival delay: Use the actual arrival time, not departure time, and keep evidence of the delay.
• Submit to the operating airline: Use the airline’s online claim form or customer relations contact channel.
• State the legal basis: Reference EU261/2004 or UK261, the flight number, date, route, booking reference, and passenger names.
• Attach evidence: Provide boarding passes, booking confirmation, and receipts for expenses where relevant.
• Keep records: Save copies of all messages, submission confirmations, and responses.

What to do if the airline refuses or delays a response

If the airline rejects the claim, passengers may request a detailed explanation of the cause of disruption and the reason the airline believes compensation is not due. Where appropriate, passengers may escalate through available complaint and dispute-resolution routes, which can differ by country and airline. Any escalation should be based on documented facts and the airline’s stated reason.

Documents to Gather Before Submitting

Well-organised documentation can make a compensation claim easier to assess and reduce delays. Commonly useful documents include:

• Booking confirmation and e-ticket receipt
• Boarding pass (or proof of check-in)
• Proof of the actual arrival delay (airline notifications, airport screens, written confirmation where available)
• Receipts for food, transport, and accommodation purchased due to the delay
• Correspondence from the airline about the disruption
• Photographs of airport information screens (optional but helpful)

FAQ

Is compensation based on departure delay or arrival delay?

Compensation eligibility for delays is generally assessed using the delay at arrival. A late departure does not necessarily mean compensation is due if arrival is less than three hours late.

Can passengers claim if they accepted rebooking?

Rebooking does not automatically remove rights. The key factors remain the final arrival delay and the underlying cause of disruption, subject to the rules on extraordinary circumstances and other requirements.

Do passengers still have rights if the delay was overnight?

Overnight delays often trigger an airline’s obligations for care and assistance, including accommodation where necessary. Compensation may also be due if the arrival delay threshold is met and the disruption was not caused by extraordinary circumstances.

Can passengers claim expenses as well as compensation?

Care and assistance (and reimbursement of reasonable costs where the airline fails to provide it) is separate from fixed compensation. Depending on the facts, a passenger may seek both, provided the costs are reasonable, necessary, and supported by receipts.

How long do passengers have to claim?

Time limits depend on the applicable national limitation period and the forum used to bring the claim. Passengers should check the limitation period relevant to the departure/arrival country and act promptly to preserve evidence.

Conclusion

EU261/2004 and UK261 can provide meaningful protections for passengers facing long flight delays, including fixed-sum compensation in qualifying cases and practical assistance while waiting. A successful claim typically depends on showing the arrival delay, confirming that the regulation applies to the route and airline, and responding to any extraordinary-circumstances arguments with clear documentation.

Passengers who prepare evidence early, submit a precise claim to the operating airline, and keep thorough records are generally in the best position to enforce their rights under EU261 or UK261.