LOT Polish Airlines: When compensation is refused (UK261) — What to Do

Flight Delay Compensation Under EU261/2004 and UK261

Flight delays can disrupt plans, cause unexpected costs, and create significant inconvenience. Under EU Regulation 261/2004 (EU261) and its UK equivalent (UK261), eligible passengers may be entitled to compensation and care when flights are delayed, cancelled, or when boarding is denied. The rules and outcomes depend on the route, the operating airline, the length of the delay at arrival, and the reason for the disruption.

Eligibility for Flight Delay Compensation

Eligibility under EU261/UK261 typically depends on whether the regulation applies to the flight, and whether the delay meets the required threshold at arrival. Compensation is generally linked to arrival delay, not departure delay.

When EU261 Applies

• Flights departing from an EU/EEA airport, regardless of the airline’s nationality.
• Flights arriving into the EU/EEA when operated by an EU/EEA carrier.

When UK261 Applies

• Flights departing from the United Kingdom, regardless of the airline.
• Flights arriving into the United Kingdom when operated by a UK or EU carrier (as applicable under UK rules and carrier status).

Delay Thresholds That Commonly Trigger Compensation

Compensation is typically considered when the passenger arrives at the final destination 3 hours or more later than scheduled. The final destination is usually the last flight on the booking, including connections, rather than an intermediate airport.

Key Exclusions: Extraordinary Circumstances

Even when a delay exceeds the relevant threshold, compensation may not be owed if the airline can show the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Examples often cited include certain severe weather events or air traffic control restrictions. Routine technical problems and standard operational issues are not automatically extraordinary and should be assessed on the specifics of the incident.

Compensation Amounts Under EU261/UK261

When compensation is owed, the amount generally depends on the flight distance and the length of the delay at arrival. Compensation is set in fixed bands under the regulation.

EU261 Compensation Bands (Common Reference Amounts)

• €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

UK261 Compensation

UK261 mirrors the same band approach, with compensation typically expressed in GBP amounts aligned to the regulation’s framework. The exact payable figure may depend on the administrator’s method and the applicable UK guidance. Passengers should expect the airline to state the amount and basis when accepting liability.

Care and Assistance During Delays

Separate from compensation, EU261/UK261 can require airlines to provide care and assistance during lengthy delays. This may include refreshments, meals, and communications in proportion to waiting time, and in some cases hotel accommodation and transport between the airport and hotel when an overnight stay becomes necessary. The obligation depends on delay length and flight distance.

How to Claim Flight Delay Compensation

A claim is usually made directly to the operating airline (the carrier that actually flew or was scheduled to fly the flight). A practical approach is to submit the airline’s official compensation form or written request and include concise details of the booking, delay, and impact.

Step-by-Step Claim Process

• Confirm the route and operating airline to determine whether EU261 or UK261 applies.
• Check arrival delay at final destination, including connections, and record the actual arrival time.
• Submit a written claim to the airline citing EU261/UK261 and requesting compensation where eligible.
• Keep all communication and receipts for any reasonable out-of-pocket costs during the delay.
• Escalate if necessary using the airline’s complaint process, relevant alternative dispute resolution options (where available), or a competent national enforcement body, depending on the jurisdiction and circumstances.

Refunds and Rebooking Options

Depending on the disruption and the passenger’s choice, EU261/UK261 may provide rights to reimbursement (refund) or rerouting (rebooking) under certain conditions. These remedies are distinct from fixed compensation and are assessed based on the nature and duration of the disruption and whether the flight becomes no longer useful for the passenger’s travel plan.

Documents to Support a Claim

Clear documentation strengthens a claim and helps speed up processing. Passengers are generally expected to show they had a valid booking and that the flight experienced the alleged delay.

Recommended Evidence

• Booking confirmation showing passenger name(s), flight details, and itinerary
• Boarding pass (if available) or proof of check-in
• Proof of delay such as airline notifications, screenshots, or airport information boards
• Receipts for reasonable meals, accommodation, and transport purchased due to the delay (where care was not provided)
• Correspondence with the airline, including claim reference numbers

FAQ: EU261/UK261 Flight Delay Compensation

Is compensation based on departure delay or arrival delay?

Compensation is generally assessed based on arrival delay at the final destination. A late departure does not automatically mean compensation is owed if the arrival delay is below the relevant threshold.

Do connecting flights count as one journey?

Where flights are on a single booking, conditions are typically assessed at the final destination. A disruption on one leg that causes a long arrival delay at the end of the itinerary can be relevant even if individual segments appear shorter.

Can passengers claim both expenses and fixed compensation?

Fixed compensation and reimbursement of certain reasonable expenses can be separate concepts. Compensation is subject to eligibility rules, while expense reimbursement usually relates to the airline’s duty to provide care and assistance during the disruption.

How long do passengers have to claim?

Time limits depend on the applicable national rules and limitation periods. Passengers should submit claims as soon as possible and keep records, as the allowable claim window can vary by jurisdiction.

What if the airline says the cause was extraordinary circumstances?

If the airline relies on extraordinary circumstances, it should be able to explain the basis. Passengers can request clarification and supporting detail. Eligibility depends on the specific facts and whether the airline took reasonable measures to avoid or mitigate the delay.

Conclusion

EU261/2004 and UK261 provide meaningful passenger rights when flights are significantly delayed, including potential fixed compensation and support during long waits. Whether compensation is owed depends on where the flight departed and arrived, which airline operated it, the arrival delay at the final destination, and the cause of the disruption. With clear documentation and a structured claim, passengers can pursue the remedies available under the applicable rules.