ITA Airways: Flight delay compensation (Montreal Convention) — Complete Guide

Flight Delay Compensation Under EU261/2004 and UK261

Passengers affected by disrupted air travel may have rights to assistance and financial compensation under EU Regulation 261/2004 (EU261) or its UK equivalent (UK261). These rules can apply when a flight is delayed, cancelled, or a passenger is denied boarding, depending on the journey, the airline, and the circumstances. This guide explains when flight delay compensation may be available, how much may be claimed, and how to make a claim in a practical, evidence-based way.

Eligibility for Compensation

EU261 may apply to flights departing from an EU/EEA airport, and to flights arriving in the EU/EEA operated by an EU/EEA-based carrier. UK261 may apply to flights departing from the United Kingdom, and to flights arriving in the United Kingdom operated by a UK carrier. Eligibility depends on the specific route and airline used.

Minimum Delay Threshold for Compensation

For a delay to potentially trigger compensation, the passenger generally must reach the final destination with a delay of at least three hours compared with the scheduled arrival time. The relevant time is the arrival time at the final destination on the booking, not the departure delay.

Extraordinary Circumstances

Compensation is generally not payable 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. Passengers may still be entitled to care and assistance during qualifying delays even where compensation is not payable.

Connecting Flights and Final Destination

For journeys with connections under a single booking, the delay is assessed at the final destination. A delay on an early segment can qualify if it causes arrival at the final destination three hours or more late.

When the Rules Commonly Apply

• Flights departing from the EU/EEA, regardless of airline
• Flights arriving in the EU/EEA when operated by an EU/EEA carrier
• Flights departing from the UK, regardless of airline
• Flights arriving in the UK when operated by a UK carrier

Compensation Amounts

When compensation is payable under EU261 or UK261, the amount is typically based on flight distance and the length of the delay on arrival. The regulation sets fixed compensation bands in euros for EU261 (and an equivalent structure under UK261). The distance is measured by the great-circle distance between the origin and destination under the regulation’s framework.

EU261/UK261 Fixed Compensation Bands

• Up to 1,500 km: €250 (or UK261 equivalent)
• 1,500–3,500 km: €400 (or UK261 equivalent)
• Over 3,500 km: €600 (or UK261 equivalent), subject to possible reduction in some long-haul rerouting scenarios

Care and Assistance During Delays

Separate from compensation, EU261/UK261 can require airlines to provide assistance during significant delays, which may include meals and refreshments, communication access, and hotel accommodation with transport where an overnight stay becomes necessary. The trigger for care depends on the length of delay and flight distance.

How to Make a Claim

A claim is usually made directly to the operating airline. Passengers should keep communication clear and provide evidence of the booking, the delay, and the arrival time at the final destination.

Step-by-Step Claim Process

• Confirm applicability: Identify whether EU261 or UK261 applies based on the route and operating carrier.
• Confirm delay on arrival: Use the scheduled and actual arrival times at the final destination.
• Gather evidence: Booking confirmation, boarding pass, and proof of delay (airline messages, airport notifications, or other reliable records).
• Submit a written claim: Request compensation under EU261/UK261 and include relevant flight details and documentation.
• Follow up: Keep copies of all correspondence and note dates of submissions and responses.

Operating Carrier vs. Booking Platform

The claim is generally directed to the operating carrier (the airline that actually flew or was scheduled to fly the flight), not necessarily the airline that sold the ticket or the travel agent that arranged the booking.

Documents and Evidence to Keep

Well-organised documentation can help avoid delays and disputes during the claim process.

• Proof of booking: E-ticket receipt or booking confirmation showing flight numbers and passenger names
• Boarding passes: If available, for each flight segment
• Delay evidence: Airline emails/SMS, airport screenshots, written delay confirmations where provided
• Receipts for expenses: Meals, hotel, and transport costs if seeking reimbursement for care obligations
• Notes: Times of announcements, rebooking details, and names of airline representatives spoken to (if applicable)

FAQ

Is compensation available for any flight delay?

Compensation is not automatic for all delays. Under EU261/UK261, compensation typically requires arrival at the final destination at least three hours late and that the disruption was not caused by extraordinary circumstances. Care and assistance obligations may still apply even where compensation is not payable.

Does a departure delay qualify if the arrival is less than three hours late?

Compensation is generally assessed by arrival delay at the final destination. A late departure that is recovered in flight so that arrival is less than three hours late will usually not meet the compensation threshold.

Do passengers have rights if they accept rerouting?

Rerouting can affect the outcome depending on the final arrival delay and the precise circumstances. Compensation under EU261/UK261 is primarily linked to the arrival delay at the final destination and whether an extraordinary circumstance applies, rather than the fact of rerouting alone.

Can expenses be reimbursed?

If the airline’s duty of care applies, reasonable expenses for meals, refreshments, and, where necessary, accommodation and transport may be reimbursable if the airline did not provide them directly. Receipts should be kept and claims should be made to the airline with supporting documents.

What if the airline refuses the claim?

Passengers may ask the airline for a written explanation and keep records of the decision. Depending on the route and applicable regime, escalation options can include alternative dispute resolution where available, or court proceedings, but the right path depends on the specific facts and jurisdiction.

Conclusion

EU261 and UK261 can provide meaningful protection for passengers facing significant flight delays, including fixed compensation in qualifying cases and practical assistance at the airport. Eligibility depends on the route, operating carrier, delay on arrival at the final destination, and whether extraordinary circumstances apply. By documenting the disruption and submitting a clear claim to the operating airline, passengers can place themselves in the strongest position to enforce their rights under EU261/2004 or UK261.