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Flight Delay Compensation (EU261/2004 and UK261): A Practical Guide to Eligibility and Claims

Flight delays can disrupt travel plans, cause missed connections, and create unexpected costs. Under EU261/2004 and the UK’s retained version of the same rules (commonly called UK261), passengers may have legal rights to compensation and care when flights are delayed, cancelled, or when boarding is denied. This guide explains how flight delay compensation works, when a passenger is eligible, how much compensation may be available, and how to make a claim in a clear, practical way.

Eligibility for Flight Delay Compensation

EU261/2004 and UK261 can apply based on the departure airport, the arrival airport, and the airline’s operating carrier status. Eligibility depends on the specific facts of the flight and the reason for the disruption.

When EU261/2004 can apply

• Flights departing from an EU/EEA airport: EU261/2004 generally applies regardless of the airline’s nationality.
• Flights arriving into an EU/EEA airport: EU261/2004 can apply when the operating airline is an EU/EEA carrier.

When UK261 can apply

• Flights departing from a UK airport: UK261 generally applies regardless of the airline’s nationality.
• Flights arriving into the UK: UK261 can apply when the operating airline is a UK carrier.

What “delay” means for compensation purposes

For compensation, the key measurement is usually the time a passenger arrives at the final destination compared to the scheduled arrival time. In practice, compensation is typically assessed by arrival delay at the final destination rather than departure delay alone.

Minimum delay thresholds

Compensation for a delayed flight is commonly associated with an arrival delay of 3 hours or more at the final destination, provided the disruption is not caused by extraordinary circumstances.

Extraordinary circumstances (when compensation may be refused)

Airlines may refuse 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. Whether circumstances are “extraordinary” depends on the specific situation and evidence. Examples often argued by airlines include severe weather or air traffic control restrictions, but each case must be assessed on its facts.

Connecting flights and final destination

When travel is booked as a single itinerary with one booking reference, the arrival delay at the final destination is typically what matters. A short delay on the first leg can still lead to compensation eligibility if it causes a missed connection and the final arrival is delayed by the relevant threshold.

Compensation Amounts Under EU261/UK261

EU261/2004 and UK261 provide fixed compensation amounts based primarily on flight distance, and eligibility generally depends on the arrival delay threshold and the absence of extraordinary circumstances.

Standard compensation bands (distance-based)

• Up to 1,500 km: up to €250 (EU261) / the UK261 equivalent in pounds
• 1,500–3,500 km: up to €400 (EU261) / the UK261 equivalent in pounds
• Over 3,500 km: up to €600 (EU261) / the UK261 equivalent in pounds

UK261 compensation is typically paid in GBP using an equivalent value. The exact amount may depend on the airline’s approach and applicable conversion methods.

Reduced compensation in some long-haul cases

For certain long-haul itineraries, compensation may be reduced if the arrival delay is above the eligibility threshold but still within a specific range. The reduction rules can depend on the exact distance and the arrival delay duration, so passengers should review the airline’s calculation and compare it against the regulation’s distance bands and timing requirements.

Right to Care and Assistance During Delays

Separate from compensation, EU261/UK261 can require airlines to provide care and assistance during significant delays. This can apply even when extraordinary circumstances mean compensation is not payable.

What care may include

• Meals and refreshments in reasonable relation to waiting time
• Two communications (such as phone calls or emails) where applicable
• Hotel accommodation if an overnight stay becomes necessary
• Transport between the airport and accommodation, where applicable

Passengers generally benefit from keeping receipts when they pay out-of-pocket and later seek reimbursement, ensuring costs are reasonable and necessary.

How to Claim Flight Delay Compensation

A flight delay compensation claim typically involves confirming the regulation applies, verifying the length of the arrival delay, and addressing the airline’s stated reason for the disruption.

Step 1: Confirm the operating airline and route coverage

Claims should be directed to the operating carrier (the airline that actually ran the flight), not necessarily the company that sold the ticket. Coverage depends on whether EU261/UK261 applies to the route and carrier.

Step 2: Check the arrival delay at the final destination

Passengers should compare the scheduled arrival time to the actual arrival time at the final destination, especially where connections are involved. Boarding pass details and booking confirmations can help show itinerary structure and timing.

Step 3: Submit a written claim to the airline

Most airlines provide an online form for EU261/UK261 claims. A clear claim typically includes flight details, the booking reference, passenger names, the delay experienced, and a request for compensation under the applicable regulation.

Step 4: Respond to the airline’s refusal (if applicable)

If the airline denies compensation citing extraordinary circumstances or disputes delay length, passengers can ask for clarification and evidence. A passenger may also consider escalating the complaint via the airline’s complaints process, alternative dispute resolution where available, or relevant enforcement routes, depending on the jurisdiction and airline scheme participation.

Documents to Prepare

Strong documentation can help a claim progress faster and reduce back-and-forth with the airline.

• Booking confirmation showing itinerary and passenger names
• Boarding passes (or proof of check-in/flight participation)
• Proof of delay such as arrival time records, airline notifications, or airport information where available
• Receipts for reasonable expenses if seeking reimbursement for care (meals, hotel, transport)
• Communication with the airline (emails, chat transcripts, claim reference numbers)

FAQ

Does a passenger get compensation for any delay?

Compensation is generally linked to an arrival delay of 3 hours or more at the final destination, and it may be refused if the airline can demonstrate extraordinary circumstances and that reasonable measures would not have prevented the delay.

Is compensation different for EU261 and UK261?

The structure is broadly similar. EU261 is typically paid in euros, while UK261 is typically paid in pounds using an equivalent amount. The applicable regime depends on the route and the operating carrier.

Can a passenger claim both compensation and expenses?

EU261/UK261 compensation is distinct from reimbursement for care and assistance. Reimbursement for reasonable expenses can be relevant where the airline did not provide required care during the delay and the passenger paid out-of-pocket.

What if the flight was booked through a travel agent?

Compensation claims are generally made against the operating airline. The booking channel may still be relevant for retrieving documents and itinerary proof, but the legal obligation under EU261/UK261 typically rests with the carrier operating the flight.

What if the airline offers vouchers instead of cash?

EU261/UK261 compensation is generally payable in money (such as by bank transfer or cheque), though airlines may offer vouchers. A passenger can usually choose not to accept vouchers if they prefer monetary payment, depending on the airline’s process and the terms offered.

Conclusion

EU261/2004 and UK261 can provide meaningful rights when a flight arrives at the final destination significantly late, including fixed compensation in eligible cases and care obligations during delays. A well-prepared claim that confirms route coverage, documents the arrival delay, and addresses the airline’s stated reason can improve the chances of a successful outcome.