Iberia: Lost baggage claim (Montreal Convention) — Checklist

Flight Delay Compensation Guide (EU261/2004 and UK261)

Passengers facing disruption often have legal rights to assistance and, in many cases, cash compensation. Under EU Regulation 261/2004 (EU261) and the UK’s retained equivalent, commonly referred to as UK261, eligible travellers may claim compensation when a flight arrives significantly late and the airline is responsible. This guide explains who can claim, how much compensation may be available, and how to file a claim in a practical, traveller-friendly way.

Eligibility for flight delay compensation

EU261 and UK261 apply based on the route and the operating airline. Eligibility generally depends on (1) where the flight departed from, (2) the airline operating the flight, and (3) the length of the arrival delay.

When EU261 applies

• Flights departing from an EU/EEA airport (including EU member states plus Iceland, Norway, and Liechtenstein), regardless of the airline; and
• Flights arriving into the EU/EEA when operated by an EU/EEA carrier.

When UK261 applies

• Flights departing from a UK airport, regardless of the airline; and
• Flights arriving into the UK when operated by a UK carrier.

Arrival delay threshold (the key test)

For monetary compensation, the delay is assessed at arrival (when at least one aircraft door opens and passengers are permitted to disembark). In most eligible cases, compensation is linked to an arrival delay of 3 hours or more.

Extraordinary circumstances (when compensation may be refused)

Airlines may deny compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Common examples can include certain severe weather events and some air traffic control restrictions. Each claim depends on facts, and the airline should explain the reason for the delay and why it considers it extraordinary.

Who can claim

• Ticketed passengers with a confirmed reservation who checked in on time (or met the airline’s stated check-in requirements).
• Adults claiming for themselves, and typically parents/guardians for minors where applicable.
• Passengers on reward tickets may be covered if the booking resulted in a confirmed reservation and was not free to the public without limitation.

Compensation amounts under EU261/UK261

Compensation under EU261 and UK261 is typically calculated using flight distance and the length of the delay at arrival. The standard amounts are:

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

For UK261, amounts are commonly referenced in pounds sterling based on the UK’s retained rules, although airlines may still present figures aligned to the EU amounts depending on their process. The applicable scheme depends on whether EU261 or UK261 governs the journey.

Connecting flights and through-journeys

Where a passenger travels on a single booking with connecting flights, the relevant delay is usually measured by the arrival time at the final destination. This can matter when the first segment is delayed but the overall arrival delay remains under three hours, or when a short initial delay causes a missed connection and a long final delay.

Right to care: meals, accommodation, and communication

Separate from cash compensation, EU261 and UK261 provide a right to care in qualifying situations. When a delay reaches certain time thresholds (which vary by distance), airlines are generally expected to provide:

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

If the airline does not provide care at the airport, passengers should keep costs reasonable and retain receipts for reimbursement requests.

How to claim flight delay compensation

A claim is typically made directly to the operating airline (the carrier that actually flew or would have flown the flight), not necessarily the company that sold the ticket. Most airlines offer an online claim portal.

Step-by-step claim process

• Confirm the flight details: flight number, date, route, booking reference, and passenger names.
• Check the arrival delay: compensation usually requires an arrival delay of 3+ hours.
• Identify the legal regime: EU261 or UK261 based on departure/arrival and carrier.
• Submit the claim via the airline’s online form or customer relations address, referencing EU261/UK261.
• Keep a record of submissions, emails, and any case or reference number.

What to include in the written claim

• Passenger information and contact details
• Booking reference and ticket/itinerary details
• Actual arrival time and a short description of what occurred
• Request for compensation under EU261/UK261 and the applicable distance band where known
• Bank details if the airline requests them for payment

If the airline refuses or does not respond

If an airline rejects a claim, passengers can ask for the airline’s full reasoning and any evidence it relies on (for example, an explanation of the cause of the delay). Depending on the route and airline, further options may include escalation to an approved dispute resolution body where available, or pursuing the matter in court. Any escalation should be based on the applicable jurisdiction for the flight and the passenger’s circumstances.

Documents to keep for a delay claim

Strong documentation can make a claim smoother. Passengers should keep:

• Boarding pass or proof of check-in
• Booking confirmation and e-ticket/itinerary
• Receipts for meals, transport, and accommodation (for reimbursement requests)
• Written notifications from the airline about the disruption (emails, app notifications, SMS)
• Photos of airport information screens where helpful

FAQ

Is compensation based on departure delay or arrival delay?

Under EU261 and UK261, compensation is generally based on the arrival delay at the final destination, not the departure delay.

Can compensation be claimed if the airline provided vouchers or meals?

Yes. The right to care (meals, accommodation, communications) is separate from cash compensation. Receiving care does not automatically remove eligibility for compensation.

Does a technical problem qualify for compensation?

Eligibility depends on the cause and whether it was within the airline’s control. Passengers should request a clear explanation from the airline and assess whether it claims extraordinary circumstances.

What if the flight was delayed due to bad weather?

Some weather-related events may be considered extraordinary circumstances. The airline should explain the specific weather issue and why it could not be avoided even with reasonable measures.

What about delays on connecting flights?

Where the journey is on a single booking, the key measure is typically the arrival delay at the final destination. A missed connection can therefore be relevant even if the initial delay was relatively short.

Conclusion

EU261 and UK261 can provide meaningful protection when flights arrive late, including both assistance at the airport and financial compensation in eligible cases. By focusing on the arrival delay, keeping documents, and submitting a clear claim to the operating airline, passengers can improve their chances of a successful outcome while staying aligned with the rules that apply to their route.