Pegasus Airlines: When compensation is refused (EU261) — Rights & Amounts

EU261/2004 and UK261 Flight Compensation Guide

Passengers in Europe often have enforceable rights when flights are delayed, cancelled, or overbooked. Under EU261/2004 (and the UK’s retained version known as UK261), airlines may owe fixed compensation and must provide care in certain situations. This guide explains when compensation may be available, how much may be owed, and how to make a claim in a practical, evidence-led way.

Eligibility for compensation under EU261/2004 and UK261

Compensation under EU261/2004 or UK261 generally depends on the flight route, the operating airline, the disruption outcome, and the cause of the disruption.

Flights covered by EU261/2004

• Flights departing from an аэропорт in the EU/EEA or Switzerland (regardless of airline nationality).
• Flights arriving into the EU/EEA or Switzerland operated by an EU/EEA/Swiss carrier.

Flights covered by UK261

• Flights departing from the United Kingdom (regardless of airline nationality).
• Flights arriving into the United Kingdom operated by a UK or EU carrier (as commonly applied in UK261 practice).

Disruption types that may qualify

• Long delays: Compensation may be due if arrival at the final destination is delayed by 3 hours or more.
• Cancellations: Compensation may be due depending on notice period, rerouting offered, and arrival times.
• Denied boarding: Compensation may be due when boarding is refused against the passenger’s will (typically overbooking), provided the passenger complied with check-in and boarding rules.
• Missed connections: Compensation may be due when a delay on an earlier segment causes late arrival at the final destination by 3+ hours, particularly when booked under one itinerary.

Extraordinary circumstances and when airlines may not owe compensation

Airlines may avoid paying fixed compensation if they can show the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. These situations are fact-specific. Commonly cited examples include certain severe weather events, air traffic control restrictions, security risks, and some airport operational disruptions. Routine technical issues and day-to-day operational problems are often disputed and should be assessed based on the airline’s evidence and the actual cause of the disruption.

Compensation amounts under EU261/2004 and UK261

When compensation is owed, EU261/2004 sets fixed amounts based mainly on flight distance. UK261 uses the same structure, with payments typically made in GBP in the UK context.

• €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

In some rerouting scenarios on longer routes, compensation may be reduced by 50% if the airline offers suitable rerouting and arrival delay falls within certain time thresholds set by the regulation. Eligibility and reductions depend on the specific rebooking and the actual arrival time at the final destination.

Right to care and assistance during disruption

Separate from compensation, EU261/2004 and UK261 can require airlines to provide care and assistance when passengers are delayed beyond certain time thresholds, regardless of the cause in many cases. Depending on circumstances, this may include meals and refreshments, communication, and hotel accommodation with transport when an overnight stay becomes necessary.

When an airline does not provide assistance in real time, passengers may be able to reclaim reasonable out-of-pocket expenses. Receipts should be retained and spending should be proportionate to the situation.

How to claim flight compensation

A successful claim usually relies on clear documentation, correct legal framing, and persistence.

Step 1: Confirm the operating airline and arrival delay

EU261/2004 and UK261 obligations generally fall on the operating carrier, not necessarily the ticket seller. The key measurement for delay-based claims is the time of arrival at the final destination (often understood as when at least one aircraft door opens and passengers are permitted to disembark).

Step 2: Submit a written claim to the airline

Passengers should submit a claim through the airline’s official complaints or EU261/UK261 claim route. The claim should state the flight number, date, booking reference, route, the length of delay at final destination (or cancellation/denied boarding details), and the requested compensation amount based on distance bands.

Step 3: Escalate if the airline refuses or does not respond

If a claim is rejected, passengers typically have options such as escalating to an approved alternative dispute resolution body where available, contacting a relevant national enforcement body, or pursuing action through the courts in an appropriate jurisdiction. The best route depends on where the flight was operating, the airline’s scheme participation, and the passenger’s location.

Documents and evidence to keep

• Boarding pass and/or check-in confirmation
• Booking confirmation showing itinerary and passenger names
• Proof of disruption such as airline emails/SMS, airport information screenshots, and photos of departure boards
• Delay evidence noting arrival time at the final destination
• Receipts for meals, transport, and accommodation (if claiming expenses for care)
• Correspondence with the airline and any complaint reference numbers

FAQ

Does a 3-hour delay automatically mean compensation is due?

A delay of 3 hours or more at arrival is a key threshold, but compensation generally depends on whether the cause qualifies and whether the flight is within EU261/2004 or UK261 scope. Airlines may refuse payment if they can demonstrate extraordinary circumstances and reasonable measures.

Can passengers claim for a cancelled flight?

Compensation may be owed for cancellations depending on the notice given and the suitability of rerouting offered. Even when compensation is not owed, passengers typically have rights to rerouting or a refund, as well as potential care obligations during waiting time.

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

Airlines should provide a clear explanation of the cause and why it meets the legal test. Passengers may challenge vague or generic reasons and request more detail, especially where the explanation appears to reflect operational constraints.

Can expenses be claimed if the airline did not provide a hotel or meals?

Where the right to care applies, reasonable expenses may be recoverable if the airline failed to provide assistance. Receipts and evidence of necessity are important, and spending should remain proportionate.

Who pays: the airline or the travel agent?

EU261/2004 and UK261 compensation obligations generally sit with the operating carrier, even when the ticket was purchased through a third party.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when flights are disrupted, including fixed compensation in qualifying cases and practical care during long waits. Passengers who document the disruption carefully, claim directly with the operating airline, and escalate appropriately when needed are best placed to secure the remedies the law may provide.