Sky Express: When compensation is refused (Turkey SHY Passenger) — Rights & Amounts

Flight Delay Compensation Under EU261/2004 and UK261

Passengers may have rights to compensation and assistance when a flight is delayed, cancelled, or when boarding is denied. Under EU Regulation 261/2004 (EU261) and its UK equivalent (UK261), eligibility depends on factors such as the route, airline, delay length, and the reason for disruption. This guide explains when compensation may apply, what amounts may be available, and how a claimant may start a claim.

Eligibility for Compensation

Compensation under EU261/UK261 may apply when a passenger experiences a qualifying disruption and the airline is responsible. The rules generally focus on the arrival delay at the final destination, not the departure delay at the origin.

When EU261 May Apply

• Flights departing from an EU/EEA airport, regardless of airline nationality.
• Flights arriving into the EU/EEA when operated by an EU/EEA carrier.

Eligibility may also depend on whether the passenger travelled on a confirmed reservation and checked in on time (unless check-in was not required due to airline instructions).

When UK261 May Apply

• Flights departing from the United Kingdom, regardless of airline nationality.
• Flights arriving into the United Kingdom when operated by a UK carrier.

Minimum Delay Thresholds

For delay compensation, a passenger typically needs to arrive at the final destination at least 3 hours late for compensation to be considered under EU261/UK261 (subject to the cause of the delay and other conditions).

Extraordinary Circumstances

Compensation may not be due when the disruption is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. These situations may include certain severe weather events or air traffic control restrictions. Each case is assessed on its facts, and airlines may still owe care and assistance even when compensation is not payable.

Compensation Amounts (EU261/UK261)

Compensation amounts under EU261/UK261 are set by regulation and are based mainly on flight distance and the length of the delay on arrival. Amounts are typically expressed in euros under EU261 and in pounds sterling under UK261 (often aligned to equivalent values).

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

In some long-haul scenarios, the airline may argue for a reduction when the arrival delay falls within certain thresholds. The applicable amount depends on the specific route and arrival delay at the final destination.

Right to Care and Assistance During Delays

Separate from compensation, EU261/UK261 may require airlines to provide care and assistance during qualifying delays, which 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 is required

These rights may apply even where extraordinary circumstances prevent compensation.

How the Claim Process Works

A claimant may usually pursue compensation directly with the airline. The steps below reflect a practical approach commonly used for EU261/UK261 claims.

Step 1: Confirm the Flight and Disruption Details

• Identify the flight number, date, route, and airline operating the flight
• Confirm the arrival time at the final destination and the delay duration
• Confirm whether the flight was delayed, cancelled, or involved missed connections

Step 2: Check Basic Eligibility

• Confirm whether EU261 or UK261 applies based on departure/arrival and airline nationality
• Check whether the arrival delay was at least 3 hours (for delay compensation)
• Consider whether the airline may claim extraordinary circumstances

Step 3: Submit a Claim to the Airline

A claimant may submit the request through the airline’s customer relations portal, web form, or written complaint process. The submission should clearly request compensation under EU261/2004 or UK261, as applicable, and include supporting documents.

Step 4: Escalate if Necessary

If the airline rejects a valid claim or does not respond within a reasonable time, escalation options may include:

• Using an approved alternative dispute resolution (ADR) body where available
• Referring the matter to the relevant national enforcement body (depending on jurisdiction)
• Pursuing the claim through court proceedings where appropriate

Documents to Prepare

Strong documentation may improve the clarity and speed of an EU261/UK261 claim. A claimant may wish to gather:

• Boarding pass and booking confirmation (including passenger names and itinerary)
• Proof of the delay on arrival (such as airline notifications or records)
• Receipts for meals, refreshments, transport, or accommodation purchased due to the disruption
• Any written communications with the airline staff or customer service

FAQ

Is compensation based on departure delay or arrival delay?

EU261/UK261 delay compensation is generally assessed based on the arrival delay at the final destination.

Can compensation apply to missed connections?

It may apply when a passenger reaches the final destination at least 3 hours late due to a disruption on a journey booked as a single itinerary, subject to applicability and the cause of the delay.

Does the airline still have to provide meals and hotel if the delay was outside its control?

Care and assistance obligations may still apply even when extraordinary circumstances mean compensation is not payable.

Can a passenger claim both a refund and compensation?

Refund and re-routing rights may apply in cancellation or significant delay scenarios. Compensation is a separate entitlement that depends on eligibility. Whether both apply depends on the specific situation and the choices made at the time (such as choosing a refund versus re-routing).

Conclusion

EU261/2004 and UK261 may provide meaningful passenger protections for flight delays, including fixed-sum compensation in qualifying cases and practical care rights during long waits. A claimant may improve outcomes by documenting the disruption, checking whether the regulation applies to the route and airline, and submitting a clear request referencing EU261 or UK261 as appropriate.