Sky Express: Damaged baggage claim (Turkey SHY Passenger) — Examples & Scenarios

Flight Delay Compensation in the EU and UK (EU261/2004 and UK261)

Flight delays can disrupt travel plans and lead to unexpected costs. Under EU Regulation 261/2004 (EU261) and the UK’s retained version (UK261), many passengers may be entitled to compensation when a flight arrives significantly late and the airline is responsible for the disruption. This guide explains when compensation may apply, how much could be owed, and how to make a claim in a practical, step-by-step way.

Eligibility for compensation

Compensation under EU261/UK261 is not automatic for every delay. Eligibility generally depends on the flight’s route, the operating airline, the length of the delay at arrival, and whether the cause was within the airline’s control.

Which flights may be covered

• EU261 generally applies to flights departing from an EU/EEA airport (plus some associated territories) on any airline, and to flights arriving into the EU/EEA when operated by an EU/EEA airline.
• UK261 generally applies to flights departing from a UK airport on any airline, and to flights arriving into the UK when operated by a UK airline.
• Coverage is typically based on the operating airline (the carrier that actually flies the aircraft), not a codeshare marketing airline.

How long the delay must be

For compensation, the key measure is usually the delay at arrival, not departure. A delay may qualify if the passenger reaches the final destination 3 hours or more later than scheduled.

When compensation may be refused

Airlines may not have to pay compensation when the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. In practice, the airline typically needs to demonstrate both the cause and why it could not reasonably prevent the delay.

Examples commonly argued as extraordinary may include certain severe weather events, air traffic control restrictions, some security risks, and some airport closures. Routine operational or technical issues are often disputed and depend heavily on the facts.

Connecting flights and final destination

For journeys involving connections booked under the same booking, the relevant delay is usually assessed at the final destination. A missed connection caused by an earlier delay may still qualify if arrival at the final destination is 3+ hours late and other conditions are met.

Compensation amounts under EU261/UK261

Compensation is typically set by distance bands. The amounts below are commonly referenced under EU261/UK261 when compensation is due for a qualifying arrival delay. Actual entitlement can depend on route classification and circumstances.

• €250 for flights up to 1,500 km
• €400 for flights between 1,500 km and 3,500 km
• €600 for flights over 3,500 km

In some situations involving long-haul flights and certain rerouting scenarios, compensation may be reduced. Airlines may also pay in the local currency equivalent depending on the jurisdiction and claim route.

Right to care and assistance during a delay

Separate from compensation, EU261/UK261 can require airlines to provide care and assistance during significant delays, depending on flight distance and delay length. This may include:

• Meals and refreshments
• Access to communications (such as phone calls or emails)
• Hotel accommodation and transport to and from the hotel when an overnight stay becomes necessary

If the airline does not provide required care, passengers may be able to seek reimbursement for reasonable, necessary expenses, supported by receipts.

How to claim compensation

A practical approach to making a flight delay compensation claim is to keep the process structured and evidence-based.

Step 1: Confirm basic details

• Flight number, date, and route
• Operating airline
• Scheduled and actual arrival time (arrival is typically when at least one aircraft door opens)
• Total delay at final destination

Step 2: Identify the likely cause

Passengers do not need to prove the cause beyond doubt, but it helps to record what the airline said at the time and gather any written updates. If the airline rejects a claim due to extraordinary circumstances, it may help to request a clear explanation and supporting detail.

Step 3: Submit the claim to the airline

Claims are typically submitted directly to the airline via its online form or customer relations contact. The claim should include passenger details, booking reference, flight information, and the compensation request under EU261/UK261.

Step 4: Escalate if necessary

If the airline rejects the claim or does not respond within a reasonable time, the next steps may include:

• Using an approved alternative dispute resolution scheme where available
• Contacting the relevant national enforcement body (where applicable)
• Considering court action in an appropriate jurisdiction for eligible claims

Deadlines and procedures can differ depending on where the claim is brought and the governing limitation period.

Documents to keep and submit

Strong documentation can make a claim easier to assess and harder to dispute. Helpful items include:

• Booking confirmation and e-ticket
• Boarding pass (or proof of check-in)
• Proof of delay at arrival (screenshots, airline emails, airport information displays)
• Receipts for expenses claimed under the right to care
• Any written explanation from the airline about the delay cause

Frequently asked questions

Does a departure delay count, or only arrival?

For compensation, the decisive factor is usually the delay at arrival at the final destination. A long departure delay that is later made up in flight may not qualify if arrival is less than 3 hours late.

Can compensation be claimed for weather-related delays?

Severe weather is often treated as an extraordinary circumstance, but the facts matter. If the airline could have taken reasonable measures to avoid or reduce the delay, compensation may still be arguable. Each case depends on the specific conditions and the airline’s operational decisions.

Can compensation be claimed for technical problems?

Airlines may argue some technical issues are extraordinary, but many technical and operational faults are typically treated as part of normal airline activity. The outcome depends on the nature of the fault and whether the airline can show it was truly outside normal operations and unavoidable.

What if the flight was delayed due to air traffic control restrictions?

Air traffic control restrictions are commonly cited as extraordinary circumstances. Even where compensation is not payable, the right to care may still apply depending on the delay duration and distance.

Can passengers claim for expenses as well as compensation?

Compensation is separate from reimbursement for reasonable care expenses. Where the regulation requires the airline to provide meals, accommodation, or transport and it fails to do so, passengers may be able to claim reimbursement for necessary costs, supported by receipts.

Conclusion

EU261/2004 and UK261 can provide meaningful protection for passengers affected by long flight delays, including fixed-sum compensation in qualifying cases and practical assistance during disruptions. A successful claim typically depends on the route and operating airline, the delay at arrival, and whether the delay was caused by circumstances within the airline’s control. Keeping clear records and submitting a well-documented claim to the airline remains the most practical first step.