SAS: Flight delay compensation (Montreal Convention) — How It Works

Flight Delay Compensation Under EU261/2004 and UK261

Passengers affected by airline disruption may have legal rights to compensation and assistance under EU Regulation 261/2004 (EU261) or its UK equivalent (UK261). These rules can apply when a flight is delayed, cancelled, or a passenger is denied boarding, depending on the route, the operating airline, and the circumstances. This guide explains when flight delay compensation may be available, how much compensation may be owed, and how to make a claim in a practical, evidence-based way.

Eligibility for Flight Delay Compensation

Eligibility depends on whether EU261 or UK261 applies, whether the delay meets the required threshold, and whether the disruption was caused by circumstances within the airline’s control.

When EU261 may apply

EU261 may apply where the flight is covered by one of the following:

• Departing from an EU/EEA country or Switzerland, regardless of the operating airline
• Arriving into an EU/EEA country or Switzerland on an EU/EEA/Swiss operating airline

When UK261 may apply

UK261 may apply where the flight is covered by one of the following:

• Departing from the United Kingdom, regardless of the operating airline
• Arriving into the United Kingdom on a UK or EU operating airline (as typically treated under the UK retained version of the rules)

Delay threshold for compensation

For delay compensation, the key threshold is usually the arrival delay at the final destination. Compensation is generally considered where the passenger arrives 3 hours or more late, subject to the cause of the delay and other requirements.

Final destination and connecting flights

For journeys with connections booked under a single booking, the relevant delay is usually measured at the final destination, not at an intermediate stop. Evidence such as a booking confirmation showing one itinerary can be important where missed connections are involved.

Extraordinary circumstances and when compensation may not be owed

Airlines are not required to pay compensation if the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The airline generally carries the burden of showing this applies.

Examples often argued as extraordinary circumstances can include certain severe weather events or air traffic control restrictions, depending on the facts. Routine technical or operational problems are not automatically extraordinary; each case depends on the specific cause and evidence.

Compensation Amounts for Flight Delays

When EU261 or UK261 compensation is due for a delay of 3 hours or more at arrival, the standard compensation bands are based on flight distance. Compensation is typically set as a fixed amount per passenger.

• Up to 1,500 km: €250 (or the UK261 sterling equivalent under UK law and practice)
• 1,500–3,500 km: €400 (or the UK261 sterling equivalent)
• Over 3,500 km: €600 (or the UK261 sterling equivalent)

In some long-haul scenarios, the compensation may be reduced where the delay falls within certain lower bands on arrival for rerouted flights. The precise calculation can depend on the rerouting offered and the arrival delay at the final destination.

Care and Assistance Rights During a Delay

Separate from compensation, EU261 and UK261 can require airlines to provide care and assistance when a delay reaches certain time thresholds, depending on the flight distance. This can include:

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

If the airline does not provide care, passengers may be able to claim reasonable expenses back, supported by receipts, provided the spending is proportionate and necessary.

How to Claim Flight Delay Compensation

A practical claim process typically involves confirming eligibility, gathering evidence, submitting a written claim to the operating airline, and escalating if needed.

Step 1: Confirm the operating airline and coverage

Claims are usually made to the operating carrier (the airline that operated or was intended to operate the flight), not necessarily the airline that sold the ticket. The route and airline determine whether EU261 or UK261 applies.

Step 2: Record the actual arrival delay

Delay is generally assessed at arrival (when at least one aircraft door opens and passengers can disembark). Passengers can keep records of scheduled and actual arrival times, and save notifications from the airline.

Step 3: Submit a claim directly to the airline

Passengers can submit a compensation request through the airline’s claim channel. A clear claim typically includes the booking reference, flight number, travel date, passengers covered, and the amount requested under EU261/UK261, along with supporting documents.

Step 4: Escalate if the airline refuses or does not respond

If an airline denies a valid claim or fails to respond within a reasonable timeframe, passengers may consider escalation options such as:

• Using an approved alternative dispute resolution (ADR) body where the airline is a member
• Filing a complaint with the relevant national enforcement body (noting that some bodies focus on compliance rather than individual compensation awards)
• Pursuing the claim via court or a formal legal process where appropriate

Documents and Evidence to Support a Claim

Well-organised evidence can improve the chance of a successful claim. Common supporting documents include:

• Booking confirmation and itinerary showing the route and passenger names
• Boarding passes (if available)
• Proof of delay such as airline notifications, screenshots of arrival times, or written statements
• Receipts for meals, accommodation, or transport where claiming reimbursement for care costs
• Correspondence with the airline, including case reference numbers

FAQ

Is compensation based on departure delay or arrival delay?

Compensation eligibility for delays is generally assessed based on the arrival delay at the final destination, particularly for journeys with connections on a single booking.

Does a passenger still have rights if the airline says the delay was outside its control?

An airline may refuse compensation if it can demonstrate extraordinary circumstances and that reasonable measures were taken. Whether that applies depends on the specific cause and evidence.

Can passengers claim both compensation and expenses?

Compensation for delay and reimbursement of reasonable care expenses are separate concepts. Where the legal thresholds are met, passengers may be entitled to fixed compensation and also reimbursement for reasonable costs incurred due to lack of care, depending on the circumstances and proof.

Do these rules apply to all airlines worldwide?

No. Coverage depends on the route and the operating airline. Flights departing the EU/EEA/Switzerland or the UK are frequently covered, and certain inbound flights are covered when operated by qualifying carriers under EU261 or UK261.

What if the flight had a connection and only the second leg was delayed?

Where the trip is booked as a single itinerary, the key issue is often the arrival delay at the final destination, even if the disruption occurred on only one segment.

Conclusion

EU261/2004 and UK261 can provide meaningful rights for passengers facing long flight delays, including fixed compensation in eligible cases and practical assistance at the airport. A successful flight delay compensation claim usually depends on confirming coverage, documenting the arrival delay, and keeping clear evidence of both the disruption and any reasonable expenses. Passengers who follow a structured claim process and keep records are typically in the strongest position to enforce their rights.