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

Flight delays can disrupt plans, create unexpected costs, and cause significant inconvenience. Under EU261/2004 (for eligible flights connected to the EU/EEA/Switzerland) and UK261 (for eligible flights connected to the United Kingdom), passengers may have enforceable rights to compensation and care when delays meet specific legal thresholds. This guide explains who may qualify, how much compensation may be available, and how to make a claim in a clear, practical way.

Eligibility for Flight Delay Compensation

Eligibility depends on the route, the operating airline, and the length and cause of the delay. The rules are similar under EU261/2004 and UK261, but the applicable regime depends on whether the flight is covered by EU law or UK law.

Which flights are covered

• EU261/2004 generally applies to flights departing from an EU/EEA airport (and Switzerland), regardless of airline, and to flights arriving into the EU/EEA from outside the EU/EEA when operated by an EU/EEA carrier.
• UK261 generally applies to flights departing from a UK airport, regardless of airline, and to flights arriving into the UK from outside the UK when operated by a UK carrier.

Compensation usually relates to delays at the final destination on the booking, including where a missed connection causes a later arrival.

How long the delay must be

For monetary compensation, the key benchmark is often a delay of 3 hours or more at the final destination, measured by the time at which at least one aircraft door is opened and passengers are permitted to disembark.

Extraordinary circumstances

Even when the delay is long enough, compensation may not be owed if the airline can show the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The assessment is fact-specific. In general terms, events such as certain severe weather, air traffic control restrictions, and some security risks may qualify, while issues inherent in operating an airline may not.

Regardless of extraordinary circumstances, passengers may still be entitled to care and assistance in many situations.

Compensation Amounts Under EU261/2004 and UK261

Compensation is typically set by distance and delay impact. Amounts are fixed in euros under EU261/2004 and in pounds sterling under UK261 (often aligned in value), but the legal framework is the same concept: a set sum based on flight distance and delay length.

• Up to 1,500 km: €250 (or UK equivalent) for qualifying delays (typically 3+ hours at destination).
• 1,500–3,500 km: €400 (or UK equivalent) for qualifying delays.
• Over 3,500 km: €600 (or UK equivalent) for qualifying delays, subject to the regulation’s conditions.

Some long-haul scenarios may involve reduced compensation where the delay falls within specific bands set by the regulation for certain rerouting outcomes. The airline’s final arrival delay at destination and the flight distance are decisive.

Right to Care and Assistance During Delays

Separate from compensation, EU261/2004 and UK261 can require airlines to provide care and assistance once delays reach certain time thresholds (which vary by distance). This can include:

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

If an airline does not provide required care, passengers may be able to seek reimbursement for reasonable, evidenced expenses. Receipts are important, and spending should remain proportionate.

How to Claim Flight Delay Compensation

A successful claim usually depends on a clear timeline, supporting documents, and a concise explanation of why the flight qualifies.

Step-by-step claim process

• Confirm coverage: Check whether EU261/2004 or UK261 applies based on departure/arrival and airline status, and confirm the delay at final destination was long enough.
• Record key details: Note flight number, date, booking reference, scheduled and actual arrival times, and any connection details.
• Identify the operating airline: Claims are typically made to the airline that operated the flight, not necessarily the company that sold the ticket.
• Submit the claim: Use the airline’s online form or customer relations channel and request compensation under EU261/2004 or UK261 as applicable.
• Keep copies: Save screenshots, emails, and any claim reference numbers.

Time limits (limitation periods)

Time limits vary by country and legal forum. A passenger should consider acting promptly and retaining records. Where UK261 is involved and a claim is pursued in UK courts, the limitation period may differ from EU member states. Legal time limits depend on jurisdiction-specific rules rather than the regulation itself.

Documents and Evidence to Support a Claim

Well-organized evidence can reduce back-and-forth and improve the chances of a faster outcome.

• Boarding pass (if available) and e-ticket confirmation
• Booking confirmation showing passenger names and itinerary
• Proof of delay (arrival time evidence, airline messages, airport screenshots, or written confirmations where available)
• Receipts for expenses related to care (meals, transport, hotel) when reimbursement is requested
• Communication records with the airline, including claim submissions and responses

FAQ: Flight Delay Rights Under EU261/2004 and UK261

Is compensation owed for a delay under 3 hours?

Compensation is generally associated with arrival delays of 3 hours or more at the final destination, subject to eligibility and extraordinary circumstances. Shorter delays may still trigger care and assistance depending on distance and waiting time.

Does a missed connection count as a delay?

If the itinerary is on a single booking and a disruption causes a later arrival at the final destination, the total arrival delay at the final destination is typically the relevant measure.

Is compensation owed when the airline blames weather or air traffic control?

Compensation may not be payable if the airline can demonstrate the delay arose from extraordinary circumstances that could not have been avoided even with reasonable measures. Each case depends on facts and evidence.

Can passengers claim both compensation and expense reimbursement?

Compensation (a fixed sum) and reimbursement for reasonable expenses (when care was not provided as required) are legally distinct. Eligibility depends on circumstances, documentation, and the applicable regulation.

Who should receive the compensation payment?

Compensation is owed to the affected passenger(s), typically the person(s) who traveled, regardless of who paid for the booking, unless a valid assignment arrangement exists.

Conclusion

EU261/2004 and UK261 can provide meaningful protection when flight delays result in late arrival and significant disruption. Passengers who document the delay, understand whether their flight is covered, and submit a clear claim to the operating airline are often best positioned to enforce their rights. When compensation is not available due to extraordinary circumstances, the right to care and assistance may still help limit out-of-pocket costs and reduce the impact of the delay.