Qatar Airways: When compensation is refused (US DOT rules) — Rights & Amounts

Flight Delay Compensation Under EU261/2004 and UK261

Passengers departing from an EU/EEA airport, or arriving in the EU/EEA on an EU/EEA carrier, may have rights to care and compensation when a flight is delayed. Similar protections apply for many flights departing from the UK under UK261, and for flights arriving in the UK on a UK carrier. These rules can apply whether a trip is for business or leisure, and they are designed to provide practical support during disruption and, in certain cases, fixed compensation.

This guide explains when flight delay compensation may be available, how much compensation can be claimed, and the steps typically involved in making a claim under EU261/2004 or UK261.

Eligibility

When EU261/2004 can apply

• Departing from the EU/EEA: A qualifying flight departing from an EU/EEA airport is generally covered, regardless of the airline’s nationality.
• Arriving in the EU/EEA on an EU/EEA carrier: If a flight arrives in the EU/EEA from a non-EU/EEA country and is operated by an EU/EEA airline, EU261/2004 may apply.

When UK261 can apply

• Departing from the UK: Many flights departing from the UK are covered under UK261.
• Arriving in the UK on a UK carrier: If a flight arrives in the UK from abroad and is operated by a UK airline, UK261 may apply.

Delay threshold for compensation

Compensation for delays is typically assessed based on the delay at final destination. A passenger is usually eligible for compensation when arrival is delayed by three hours or more, provided the disruption was within the airline’s responsibility and not caused by extraordinary circumstances.

Extraordinary circumstances

Airlines are not required to pay compensation when a delay is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The assessment is fact-specific. Examples often treated as potentially extraordinary include certain severe weather events or air traffic control restrictions. Routine technical issues and operational problems are not automatically extraordinary, and airlines are generally expected to manage normal operational risks.

Right to care during a delay

Separate from compensation, EU261/2004 and UK261 can require airlines to provide assistance when delays reach certain thresholds. Depending on delay length and flight distance, this may include:

• Meals and refreshments in reasonable relation to waiting time
• Two communications (such as calls, emails, or messages)
• Hotel accommodation and transport to/from the hotel when an overnight stay becomes necessary

When an airline does not provide care directly, passengers should keep receipts for reasonable expenses, as reimbursement may be possible.

Compensation amounts

Where compensation is due, EU261/2004 sets fixed amounts based primarily on flight distance. Under UK261, the structure is similar, but payments are made in pounds sterling under UK law.

EU261/2004 compensation bands (EUR)

• Up to 1,500 km: €250
• 1,500–3,500 km: €400
• Over 3,500 km: €600

UK261 compensation bands (GBP)

UK261 provides equivalent fixed compensation levels in pounds sterling. The applicable amount depends on distance category and the specific disruption circumstances under UK rules.

Key points that affect the amount

• Distance is measured to the final destination, not just the first flight segment.
• Connecting journeys may be treated as one trip if booked under the same reservation, meaning the arrival delay at the final destination is what matters.
• Re-routing and arrival time can influence whether compensation is due and, in some situations, the amount payable under the regulation’s provisions.

Claim process

Step 1: Check whether EU261/UK261 applies

A passenger should confirm whether the flight falls under EU261/2004 or UK261 based on departure/arrival location and the operating airline, and then confirm the arrival delay at the final destination.

Step 2: Identify the cause of the delay

Airlines often cite causes such as weather, air traffic control, technical issues, crew availability, or airport operations. For claims, it helps to keep records of what was communicated at the airport and in writing. Compensation generally depends on whether the cause was within the airline’s control and not extraordinary.

Step 3: Submit a claim to the airline

Claims are typically filed directly with the airline via an online form or customer relations channel. A passenger should request compensation under EU261/2004 or UK261 and include key details: booking reference, flight number, travel date, route, and the arrival delay at the final destination.

Step 4: Follow up and escalate if necessary

If an airline rejects a claim or does not respond within a reasonable time, a passenger may consider escalation routes. Depending on the flight and jurisdiction, escalation can include:

• Using an airline’s alternative dispute resolution scheme where available
• Raising a complaint with the relevant national enforcement body where appropriate
• Seeking legal action in the competent court, subject to limitation periods and procedural rules

Documents to prepare

Having clear documentation improves a claim’s chances and reduces back-and-forth with the airline. Passengers should generally keep:

• Booking confirmation and e-ticket/itinerary
• Boarding pass (or proof of check-in where a boarding pass was not issued)
• Proof of arrival time if available (for example, written confirmation, screenshots, or travel records)
• Receipts for meals, refreshments, transport, and hotel costs that were reasonably incurred due to the delay
• Copies of written communications from the airline (emails, SMS updates, app notifications)

FAQ

Does a delay need to be three hours at departure or arrival?

Compensation eligibility is generally assessed by the delay at arrival at the final destination. A delay of three hours or more on arrival is the common threshold for compensation consideration.

Can compensation be claimed for a missed connection?

When flights are booked under the same reservation, the relevant delay is usually the arrival delay at the final destination. If the final destination is reached three hours or more late, compensation may be available unless extraordinary circumstances apply.

Can compensation be claimed if the airline offered vouchers or miles?

Compensation under EU261/2004 or UK261 is a legal entitlement when conditions are met. Airlines may offer vouchers as an alternative, but passengers generally do not have to accept them in place of the statutory payment.

What if the airline says the delay was caused by weather or air traffic control?

Some weather events and air traffic control restrictions may qualify as extraordinary circumstances, but each situation depends on the facts. Passengers can request a clear explanation and supporting details and keep independent evidence where possible.

How long does it take to receive compensation?

Timelines vary by airline and case complexity. Straightforward claims may be processed more quickly, while disputes about the cause of the delay can take longer, especially if escalation is required.

Conclusion

EU261/2004 and UK261 can provide meaningful rights when flights are delayed, including assistance at the airport and fixed compensation in eligible cases. The most important factors are whether the regulation applies to the route and operating airline, the delay at the final destination, and whether the cause falls outside extraordinary circumstances. Passengers who keep documents, record the arrival delay, and submit a clear claim are best placed to obtain the compensation and reimbursement they may be entitled to under the law.