Red Wings: Lost baggage claim (EU261) — Documents You Need

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

Flight disruption can be stressful, expensive, and time-consuming. When a delay happens, passengers may have rights to care at the airport and, in some cases, fixed-sum compensation. This guide explains flight delay compensation rules under EU261/2004 and UK261, how eligibility typically works, what compensation amounts may apply, and how to make a claim in a clear, evidence-based way.

Eligibility for Flight Delay Compensation

Flight delay compensation eligibility depends on the legal regime that applies (EU261/2004 or UK261), the flight’s route and operating carrier, the delay length at arrival, and the cause of the disruption.

When EU261/2004 may apply

• Flights departing from an airport in the European Union (including EEA countries and Switzerland under their respective aligned rules); and
• Flights arriving into the EU on an EU/EEA/Swiss carrier.

When UK261 may apply

• Flights departing from an airport in the United Kingdom; and
• Flights arriving into the UK on a UK carrier.

Delay timing: arrival time is key

For compensation, the relevant measure is typically delay at arrival (when at least one aircraft door opens), not departure delay. Compensation is generally associated with arrival delays of 3 hours or more, subject to cause and other criteria.

Extraordinary circumstances can affect compensation

Even when a delay reaches the threshold, airlines may not owe compensation if they can show the delay was caused by “extraordinary circumstances” that could not have been avoided even if all reasonable measures had been taken. What qualifies is fact-specific. Commonly debated areas include severe weather, air traffic control restrictions, airport closures, security threats, and some types of industrial action. Routine technical issues and ordinary operational problems are often not treated as extraordinary, though each event must be assessed on its own evidence.

Ticket and passenger requirements

• The passenger generally must have a confirmed reservation.
• The passenger must generally have checked in on time (or have been prevented from doing so due to the disruption).
• Compensation is typically owed to the passenger, not the person who paid for the ticket (unless a valid assignment applies).

Compensation Amounts (EU261/UK261)

When compensation is due, it is generally calculated by flight distance and the length of arrival delay. EU261 compensation is set in euros; UK261 uses the UK’s retained framework, with payment typically made in pounds sterling at an appropriate conversion rate used by the carrier.

Standard compensation bands

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

Potential reduction that can apply on some long-haul reroutings

For certain delays on longer flights where the airline offers rerouting and the arrival delay stays within defined limits, the compensation may be reduced by 50%. Whether this applies depends on the distance band and the final arrival delay compared with the scheduled arrival time.

Right to Care and Assistance During Long Delays

Separate from compensation, EU261/UK261 provide a right to care when delays reach certain thresholds (which vary by flight distance). Assistance can include:

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

If the airline does not provide care when required, passengers may be able to claim reasonable reimbursement, supported by receipts and proof that the expenses were necessary and proportionate.

How to Claim Flight Delay Compensation

A structured claim improves the chances of a timely, accurate outcome. The process generally follows the same pattern under EU261/UK261.

Step 1: Identify the operating carrier and the applicable regime

The legal obligation usually sits with the operating carrier (the airline that operated the flight), not necessarily the airline that sold the ticket. The applicable rules depend on departure/arrival location and carrier nationality as outlined above.

Step 2: Confirm the arrival delay and basic eligibility

• Record scheduled and actual arrival times.
• Keep boarding passes and booking confirmation.
• Note the reason given by the airline, if any, and keep any written notices.

Step 3: Submit a written claim to the airline

Most airlines offer an online form for EU261/UK261 claims. The claim should request compensation under the relevant regulation and include the flight number, date, route, booking reference, passenger names, and bank details for payment. The claim should also ask the airline to explain the reason for the delay and the evidence relied on if extraordinary circumstances are asserted.

Step 4: Escalate if needed

If the airline rejects the claim or does not respond within a reasonable timeframe, escalation options may include an approved alternative dispute resolution (ADR) body (where the airline participates) or the relevant national enforcement body. Court action may be available in appropriate cases, subject to local procedure and limitation rules.

Documents to Keep and Evidence That Helps

• Booking confirmation and e-ticket receipt
• Boarding pass (or proof of check-in)
• Proof of delay at arrival (screenshots from airport systems, airline messages, or independent tracking information)
• Written communications from the airline about the disruption cause
• Receipts for meals, transport, and accommodation when claiming reimbursement for care
• Photos of airport information screens when relevant

FAQ: Flight Delay Compensation (EU261/UK261)

Is compensation owed for a 2-hour delay?

Compensation is generally linked to an arrival delay of 3 hours or more. However, the right to care (meals, communications, and potentially hotel accommodation) may apply earlier depending on flight distance and delay length.

Does bad weather always mean no compensation?

Severe weather can be considered an extraordinary circumstance, but the airline typically must still show that reasonable measures were taken to avoid or reduce the delay. The exact facts matter.

Does a technical problem qualify for compensation?

Technical issues are assessed case by case. Many routine technical faults arising from normal operations are not treated as extraordinary for compensation purposes, but the specific cause and evidence are important.

Can passengers claim both a refund and compensation?

Refund and rerouting rights are separate from compensation and depend on the situation (for example, long delays may trigger a right to reimbursement if the passenger chooses not to travel). Whether compensation is also owed depends on the arrival delay and the cause of the disruption.

Who gets paid if a ticket was bought by an employer or travel agent?

Compensation is generally owed to the passenger who experienced the delay, even if someone else paid for the ticket, unless rights have been validly assigned.

Conclusion

EU261/2004 and UK261 can provide meaningful protections when flights are delayed, including care at the airport and, in qualifying cases, fixed compensation based on distance and arrival delay. A successful claim typically depends on documenting the arrival delay, identifying the operating carrier, and addressing the airline’s stated reason—especially where extraordinary circumstances are alleged. Keeping clear records and submitting a concise, evidence-led claim helps passengers enforce their rights efficiently.