Pegasus Airlines: Damaged baggage claim (EU261) — Examples & Scenarios

Flight Delay Compensation: Your Rights Under EU261/2004 and UK261

Flight delay compensation can help passengers recover money when travel plans are disrupted. Under EU261/2004 and the UK equivalent (often referred to as UK261), passengers may have a right to compensation and assistance when a flight arrives late, is cancelled, or when boarding is denied in certain circumstances. This guide explains who may be eligible, how much compensation may be available, how to claim, and what documents to keep.

Eligibility for flight delay compensation

Eligibility depends on the route, the operating airline, the length of the delay on arrival, and the reason for the disruption. EU261/2004 and UK261 apply to many flights to, from, and within Europe and the UK, but the rules are not universal for every itinerary.

When EU261/2004 may apply

• Flights departing from an EU/EEA airport, regardless of the airline’s nationality.
• Flights arriving into the EU/EEA operated by an EU/EEA carrier (for example, a flight into the EU operated by a non-EU airline may fall outside EU261/2004).

When UK261 may apply

• Flights departing from a UK airport, regardless of the airline’s nationality.
• Flights arriving into the UK operated by a UK carrier (depending on the operating carrier and itinerary).

Delay threshold (arrival time matters)

Under EU261/2004 and UK261, compensation is typically assessed based on the arrival delay (the time the aircraft doors open at the destination), not the departure delay. In many cases, compensation becomes possible where arrival is 3 hours or more late, provided the disruption was within the airline’s control.

Extraordinary circumstances (when compensation may be refused)

Airlines may refuse compensation if the delay or cancellation was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Examples can include certain severe weather events, air traffic control restrictions, security incidents, or sudden airport closures. Each claim depends on the facts, and passengers can request a clear explanation supported by evidence.

Compensation amounts under EU261/2004 and UK261

Compensation amounts are generally determined by flight distance and the length of the arrival delay. For flight delays reaching the compensation threshold, EU rules set compensation in euros, and UK rules apply equivalent amounts in pounds sterling.

EU261/2004 compensation bands (typical amounts)

• €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

UK261 compensation bands (typical amounts)

• £220 for flights up to 1,500 km
• £350 for flights between 1,500 km and 3,500 km
• £520 for flights over 3,500 km

Some long-haul scenarios may allow for a reduced compensation amount depending on the delay duration and route category under the regulations. The airline’s final assessment should explain the band used and why.

Right to care: meals, refreshments, and accommodation

Even where compensation is not owed, passengers may still have a right to assistance (right to care) while waiting, depending on delay length and flight distance. This may include:

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

Where an airline does not provide care, passengers may be able to claim reasonable costs back, supported by receipts. Spending should remain necessary and proportionate for the circumstances.

How to claim flight delay compensation

A practical claim process usually follows a clear set of steps. Passengers should submit the claim to the operating airline (the airline that actually flew or was meant to fly the aircraft), even if the ticket was bought through a travel agent or as part of a package.

Step-by-step claim process

• Step 1: Confirm the basic details including flight number, date, route, and the actual arrival delay.
• Step 2: Identify the applicable regime (EU261/2004 or UK261) based on departure/arrival airports and the operating airline.
• Step 3: Request compensation and/or reimbursement using the airline’s official claims channel (online form or customer relations email).
• Step 4: Keep communications in writing and save reference numbers, screenshots, and replies.
• Step 5: Escalate if necessary to an appropriate alternative dispute resolution scheme, national enforcement body, or other recognised complaint route where available for that airline and jurisdiction.

Claim timing and limitation periods

Time limits for bringing a claim can vary depending on the jurisdiction and the legal basis of the claim. Passengers should submit claims as soon as possible and keep records. Where a passenger is close to a deadline, professional advice can be considered.

Documents to keep for a successful claim

Strong documentation can make a flight delay compensation claim easier to assess. Passengers should keep:

• Booking confirmation and e-ticket receipt
• Boarding pass (or proof of check-in)
• Proof of delay such as airline notifications, airport departure/arrival boards, or written confirmation from airline staff
• Receipts for expenses (meals, accommodation, transport) where reimbursement is requested
• Correspondence with the airline, including claim reference numbers and responses

FAQ

Does a passenger need travel insurance to claim under EU261/UK261?

No. Flight delay compensation under EU261/2004 or UK261 is a statutory right where the conditions are met. Travel insurance can still help with additional losses not covered by the regulations, depending on policy terms.

Is compensation paid for a departure delay?

Compensation is generally linked to arrival delay at the final destination. A long departure delay can still trigger the right to care, and in many situations an arrival delay of 3 hours or more may make compensation possible if no extraordinary circumstances apply.

What if the airline says the delay was caused by extraordinary circumstances?

The airline should explain the reason clearly and, where appropriate, provide supporting information. Passengers can ask what measures were taken to avoid or reduce the delay, as the extraordinary circumstances defence typically depends on both the cause and whether reasonable steps were taken.

Can passengers claim if the flight was cancelled instead of delayed?

Yes, cancellations can fall under EU261/2004 and UK261. Eligibility can depend on when the passenger was informed, whether a suitable rerouting was offered, the arrival time compared to the original schedule, and the reason for the cancellation.

Does it matter if the ticket was purchased through a travel agent or as part of a package holiday?

The claim for EU261/UK261 compensation is normally made against the operating airline. Package organisers may have separate obligations under package travel rules, but that is distinct from regulation-based compensation.

Conclusion

Flight delay compensation under EU261/2004 and UK261 can provide meaningful financial relief when a flight arrives late and the disruption is within the airline’s control. Passengers can improve their chances of success by confirming arrival delay times, understanding extraordinary circumstances, keeping receipts, and submitting a clear claim to the operating airline with supporting documents.