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

Flight delays can disrupt plans, add unexpected costs, and create significant stress for travelers. In many cases, passengers may be entitled to flight delay compensation under EU261/2004 or UK261. These passenger rights rules can apply when delays meet specific thresholds and the airline is responsible for the disruption.

This guide explains when compensation may be available, how much passengers may be able to claim, and the steps to file a claim in a practical, structured way.

Eligibility for Flight Delay Compensation

Passenger entitlement to compensation depends on several factors, including the length of the delay at the final destination, the flight’s route, and whether the airline can rely on “extraordinary circumstances” as a defense.

When EU261/2004 can apply

• Departures from the EU/EEA/Switzerland: EU261/2004 can apply to flights departing from an airport in the EU/EEA or Switzerland, regardless of the airline’s nationality.
• Arrivals into the EU/EEA/Switzerland on an EU/EEA carrier: EU261/2004 can also apply to flights arriving into the EU/EEA or Switzerland when the operating airline is an EU/EEA/Swiss carrier.

When UK261 can apply

• Departures from the United Kingdom: UK261 can apply to flights departing from a UK airport, regardless of the airline’s nationality.
• Arrivals into the UK on a UK carrier: UK261 can also apply to flights arriving in the UK when the operating airline is a UK carrier.

The 3-hour delay rule at final destination

Compensation is generally linked to arriving at the final destination 3 hours or more later than scheduled. The relevant time is when at least one aircraft door is opened at the destination and passengers are permitted to disembark.

What “final destination” means

For connecting itineraries booked under a single reservation, the delay is typically assessed at the final destination shown on the ticket, not at a layover airport.

Situations where compensation may not be payable

Airlines may deny 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. Examples often cited by airlines include severe weather, air traffic control restrictions, and certain security risks. Whether a specific event qualifies is fact-dependent, and passengers may consider challenging a refusal when circumstances appear within the airline’s control.

Compensation Amounts for Flight Delays

Under EU261/2004 and UK261, compensation is based primarily on flight distance and the length of delay on arrival. Amounts are set by the regulations.

Standard compensation bands

• €250 (or UK261 equivalent): Flights of 1,500 km or less (typically when arrival delay is 3 hours or more).
• €400 (or UK261 equivalent): Intra-EU flights over 1,500 km and other flights between 1,500 km and 3,500 km (typically when arrival delay is 3 hours or more).
• €600 (or UK261 equivalent): Flights over 3,500 km (typically when arrival delay is 3 hours or more).

Potential reduction for some long-haul delays

For certain flights over 3,500 km, compensation may be reduced by 50% if the arrival delay falls within a specific time window. Whether a reduction applies depends on the flight type and delay length under the applicable regulation.

Compensation vs. refunds and rerouting

Compensation is distinct from the right to a refund or rerouting in some disruption scenarios. Depending on the circumstances and the options offered, passengers may be able to choose between alternative arrangements. Eligibility for compensation is assessed separately from refund/rerouting rights.

How to Claim Flight Delay Compensation

A claim is typically made directly to the operating airline, not necessarily the company that sold the ticket.

Step-by-step claim process

• Step 1: Confirm the arrival delay: Check the scheduled arrival time and the actual arrival time at the final destination.
• Step 2: Identify which regulation applies: Determine whether EU261/2004 or UK261 governs the flight based on the departure/arrival and carrier.
• Step 3: Gather evidence: Keep booking documents and proof of delay.
• Step 4: Submit a claim to the operating airline: Use the airline’s webform or claims email address and request compensation under EU261/2004 or UK261 as appropriate.
• Step 5: Follow up in writing: If the airline does not respond or refuses compensation, consider escalating through the airline’s complaint channels or an appropriate dispute resolution route where available.

Common reasons airlines reject claims

• Extraordinary circumstances: The airline claims the cause was outside its control.
• Delay threshold not met: The airline calculates arrival delay below 3 hours.
• Incorrect responsible carrier: The claim is sent to the ticket seller rather than the operating airline.
• Insufficient documentation: The airline asks for booking details or passenger information to verify eligibility.

Documents to Prepare

Strong documentation can streamline the process and reduce back-and-forth with the airline.

• Booking confirmation and itinerary: Showing passenger name(s), flight number(s), and final destination.
• Boarding pass (if available): Helpful but not always required if the booking is verified.
• Proof of delay: Screenshots of flight status, airline notifications, or airport information displays where possible.
• Receipts for duty of care expenses: If claiming reimbursements for meals, transport, or accommodation where applicable and reasonable.
• Written correspondence with the airline: Emails or chat transcripts confirming the delay reason and timeline.

FAQ

Does EU261/2004 or UK261 apply to non-EU airlines?

It can. EU261/2004 generally applies to any flight departing from the EU/EEA/Switzerland, even if the airline is not based there. For flights arriving into the EU/EEA/Switzerland, EU261/2004 generally applies when the operating carrier is an EU/EEA/Swiss airline. UK261 follows a similar structure for UK departures and certain UK arrivals on UK carriers.

Is compensation available for missed connections?

When a missed connection leads to arrival at the final destination 3 hours or more late on a single booking, compensation may be payable if other eligibility conditions are met and no extraordinary circumstances defense applies.

Can passengers claim both compensation and expenses?

Compensation is separate from reimbursement of certain expenses in scenarios where the airline owes “care and assistance.” Whether expenses are owed depends on the length of delay and the circumstances, and receipts are typically required.

What if the airline offers vouchers?

Passengers are generally not required to accept vouchers instead of monetary compensation if monetary compensation is available under the regulation. If a voucher is offered, passengers may wish to review the terms before accepting.

How long does an airline have to respond?

Response times can vary by airline and by complaint route. Passengers often benefit from keeping communications in writing and following up if no response is received within a reasonable period.

Conclusion

EU261/2004 and UK261 can provide meaningful flight delay compensation when passengers arrive 3 hours or more late and the airline is responsible for the disruption. By confirming which regulation applies, documenting the delay carefully, and submitting a clear claim to the operating airline, passengers can improve the likelihood of a successful outcome.

When an airline refuses compensation based on extraordinary circumstances or disputes the delay length, passengers may consider requesting a detailed explanation and supporting evidence, and escalating the complaint through the available dispute resolution options where appropriate.