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

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

Flight disruptions can be expensive and stressful, especially when plans depend on arriving on time. Under EU Regulation 261/2004 (EU261) and its UK equivalent (UK261), many passengers may be entitled to fixed compensation and care when flights are delayed, cancelled, or when boarding is denied in certain circumstances. This guide explains how flight delay compensation works, who may be eligible, what amounts may apply, and how to submit a claim correctly.

Eligibility for Flight Delay Compensation

Eligibility depends on the route, the operating airline, the length of the delay at arrival, and the reason for the disruption. EU261 and UK261 apply mainly based on where the flight departed from, where it arrived, and which airline operated the flight.

When EU261 typically applies

• Flights departing from an EU/EEA airport, regardless of the airline.
• Flights arriving into the EU/EEA from a non-EU/EEA airport, if operated by an EU/EEA carrier.

When UK261 typically applies

• Flights departing from a UK airport, regardless of the airline.
• Flights arriving into the UK from outside the UK, if operated by a UK carrier.

Delay threshold: the key rule

For monetary compensation specifically due to delay, the general rule is that the passenger must reach the final destination with an arrival delay of 3 hours or more.

Extraordinary circumstances: when compensation may be refused

Airlines may refuse compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Examples often cited include severe weather and certain air traffic control restrictions. Routine technical problems and normal operational challenges may not qualify as extraordinary circumstances, but each situation depends on evidence.

Connecting flights and “final destination” arrival time

For itineraries with connections on a single booking, the delay is measured at the final destination. A short delay on the first leg can still qualify if it causes a missed connection and results in a 3+ hour arrival delay overall.

Compensation Amounts Under EU261/UK261

When compensation is due for long delays, the fixed amounts are determined mainly by flight distance. These amounts are set in euros under EU261. Under UK261, compensation is paid in pounds, generally reflecting the regulation’s fixed structure in UK currency.

Standard EU261 compensation bands (arrival delay 3+ hours)

• €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

Downgraded seat or involuntary rerouting

EU261/UK261 also include separate protections for issues like involuntary downgrade and certain rerouting outcomes. These are distinct from delay compensation and are assessed under different rules.

Right to Care: Meals, Refreshments, and Accommodation

Even when monetary compensation is not owed, airlines may still have a duty of care once delays reach certain time thresholds, depending on distance and circumstances. This can include:

• Meals and refreshments in reasonable relation to the waiting time
• Two communications (for example, calls or emails)
• Hotel accommodation when an overnight stay becomes necessary
• Transport between the airport and accommodation

If the airline fails to provide care, passengers should keep receipts for reasonable expenses and request reimbursement.

How to Claim Flight Delay Compensation

A successful claim usually depends on clear documentation and a straightforward timeline of what happened. A passenger typically submits the claim to the operating airline (the carrier that actually flew or was supposed to fly the flight), not necessarily the company that sold the ticket.

Step-by-step claim process

• Confirm applicability under EU261 or UK261 based on route and operating airline.
• Calculate the arrival delay at the final destination (gate arrival time is generally the meaningful metric).
• Identify the disruption reason as stated by the airline and compare it with extraordinary circumstances standards.
• Submit a written claim through the airline’s official EU261/UK261 process or customer relations channel.
• Request the fixed compensation amount that corresponds to distance and delay, and include bank/payment details.
• Follow up in writing and keep copies of all correspondence.

What to include in a claim letter

• Passenger details (name as on booking, contact info)
• Flight details (flight number, date, route)
• Booking reference and any ticket numbers
• Confirmed arrival delay at final destination
• Compensation request under EU261/UK261 with the relevant amount
• Receipts for care expenses if reimbursement is requested

Documents to Keep and Evidence That Helps

Good evidence makes it easier to resolve claims quickly. Passengers are typically advised to keep:

• Boarding pass (or e-boarding pass) and booking confirmation
• Proof of delay (airport board photos, airline emails/SMS, app screenshots)
• Receipts for meals, transport, and accommodation if the airline did not provide care
• Written explanation from the airline if provided

FAQ: EU261/UK261 Flight Delay Compensation

Does a passenger need travel insurance to claim?

EU261/UK261 compensation is a statutory right when conditions are met. Travel insurance can cover additional losses, but it is not required to make a regulation-based compensation claim.

Is compensation owed for delays under 3 hours?

Monetary compensation for delay generally requires 3 hours or more arrival delay at the final destination. However, the airline may still owe care (meals/refreshments and possibly accommodation) once delay thresholds are reached.

Who pays compensation if the ticket was bought through an online travel agent?

The claim is typically made against the operating airline. The seller or travel agent may help with documentation, but the legal obligation under EU261/UK261 is usually on the carrier that operated the flight.

What if the airline says the delay was due to extraordinary circumstances?

The airline may deny compensation if it can show extraordinary circumstances and that reasonable measures could not have avoided the delay. Passengers can request clarification and retain all supporting evidence. Each case depends on the facts and documentation.

Can passengers claim both reimbursement of expenses and fixed compensation?

If eligible, a passenger may be able to request fixed compensation for a qualifying long delay and also seek reimbursement for reasonable care expenses if the airline failed to provide required assistance. These are separate parts of the regulation.

Conclusion

EU261 and UK261 provide practical protections when flight delays cause major disruption. Many passengers may qualify for fixed compensation when they arrive 3 hours or more late and the cause is not extraordinary, and they may also have a right to care during long waits. A well-supported claim with clear flight details, evidence of arrival delay, and receipts where relevant typically gives the best chance of a smooth outcome.