Lufthansa: Flight delay compensation (UK261) — Complete Guide

Flight Delay Compensation Under EU261/2004 and UK261: A Practical Guide

Flight delays can disrupt travel plans, create unexpected costs, and cause significant inconvenience. In many cases, passengers may have a legal right to flight delay compensation under EU261/2004 (for eligible flights connected to the EU/EEA) and UK261 (for eligible flights connected to the United Kingdom). This guide explains who may be eligible, how much compensation may be available, how to make a claim, what documents are typically needed, and what to expect during the process.

Eligibility for Flight Delay Compensation

Under EU261/2004 and UK261, compensation depends on the flight’s connection to the EU/EEA or the UK, the length of the delay at arrival, and the reason for the disruption. Compensation is generally considered when a passenger arrives 3 hours or more later than scheduled.

When EU261/2004 may apply

• Flights departing from an airport in the EU/EEA (regardless of the airline), or
• Flights arriving into the EU/EEA on an EU/EEA-licensed carrier.

When UK261 may apply

• Flights departing from the UK (regardless of the airline), or
• Flights arriving into the UK on a UK-licensed carrier.

Key factors affecting eligibility

• Arrival delay: Compensation is typically assessed based on the delay at the final destination, not departure delay.
• Type of ticket: Passengers generally need a confirmed booking and must have checked in on time (unless the airline prevented check-in).
• Cause of delay: The airline 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.

Extraordinary circumstances (when compensation may be denied)

EU261/2004 and UK261 generally exclude compensation when the airline can show the delay was caused by extraordinary circumstances beyond its control and that reasonable measures were taken. Examples commonly treated as extraordinary can include:

• Severe weather affecting safe operation
• Air traffic control restrictions
• Security risks or airport emergencies
• Political instability

Routine operational issues are not automatically extraordinary. Each claim is typically assessed on its specific facts, and the airline’s explanation matters.

Flight Delay Compensation Amounts

Compensation under EU261/2004 and UK261 is commonly based on flight distance and the length of delay at arrival. The standard compensation bands 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

Potential reduction for certain long-haul delays

For some flights over 3,500 km, compensation may be reduced by 50% where the arrival delay is under a specified threshold. The details depend on the route and delay length. Passengers generally benefit from checking the airline’s stated position and comparing it to the regulation’s criteria for long-haul delays.

Compensation vs. right to care and assistance

Compensation is separate from the airline’s duty to provide care and assistance during significant delays. Depending on circumstances and delay length, passengers may be entitled to:

• Meals and refreshments
• Hotel accommodation where an overnight stay becomes necessary
• Transport between the airport and accommodation
• Communication (such as phone calls or emails)

These rights can apply even where compensation is not payable due to extraordinary circumstances.

How to Claim Flight Delay Compensation

A compensation claim is typically submitted directly to the operating airline. A practical approach is to keep the claim factual, include supporting evidence, and request a written explanation if the airline refuses.

Step-by-step claim process

• Confirm eligibility based on route, carrier, and arrival delay of 3+ hours.
• Collect evidence such as booking confirmation, boarding pass, and proof of arrival time.
• Submit a claim to the airline using its online form or customer relations channel.
• Ask for the reason for delay in writing if it is not clearly stated.
• Keep records of all correspondence, including dates and reference numbers.

Time limits (limitation periods)

Time limits for bringing claims can vary depending on the applicable national rules and jurisdiction. Passengers benefit from acting promptly and keeping all documentation so the claim can be supported if escalated later.

Documents and Evidence to Support a Claim

Strong documentation often helps resolve claims faster. Commonly useful items include:

• Booking confirmation or e-ticket receipt
• Boarding pass (or proof of check-in)
• Proof of delay at arrival (e.g., screenshots, written airline confirmation, or airport records where available)
• Receipts for expenses incurred due to the delay (meals, accommodation, transport), where reimbursement is sought
• Communication from the airline about the delay or rebooking

Expense reimbursement (where applicable)

If the airline did not provide care (meals, hotel, transport) when required, passengers may seek reimbursement for reasonable expenses. Receipts and a short explanation of necessity and cost are typically important.

FAQ

Is compensation based on departure delay or arrival delay?

Compensation is typically assessed based on the delay at the final destination arrival time. A late departure does not automatically mean compensation if the arrival delay is under 3 hours.

Does a rebooked flight affect eligibility?

Eligibility generally depends on the arrival time at the final destination compared to the original schedule. Rebooking can still result in compensation where the arrival delay meets the threshold and the cause is not extraordinary.

Can compensation be claimed for connecting flights?

Where a journey is booked under a single reservation and a delay causes a late arrival at the final destination, compensation may be considered based on the arrival delay at the final destination, subject to the applicable rules and the cause of disruption.

What if the airline says the delay was due to extraordinary circumstances?

If the airline refuses compensation citing extraordinary circumstances, passengers may request more detail and evidence, and keep all records. The airline typically needs to show both that the event was extraordinary and that reasonable measures were taken to avoid or reduce the delay.

Is compensation automatic?

Compensation is not always paid automatically. Passengers often need to submit a claim, provide basic documentation, and follow up if the airline requests more information or refuses.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when a flight arrives 3 hours or more late, offering standardized compensation in many cases and requiring airlines to provide care during significant delays. A successful claim often depends on confirming eligibility, documenting the delay and its impact, and submitting a clear, evidence-backed request to the airline. Acting promptly and keeping a complete paper trail can make the process more efficient and improve the chances of a fair outcome.