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Flight Delay Compensation (EU261/2004 and UK261): Your Rights and How to Claim

Flight delays can disrupt plans, add unexpected costs, and create significant stress for travellers. Under EU Regulation 261/2004 (EU261) and the UK’s retained version known as UK261, passengers may be entitled to fixed cash compensation and reimbursement or care in certain situations. This guide explains when compensation may apply, how much may be available, and how a claim is typically made.

Eligibility for flight delay compensation

Compensation under EU261/UK261 is not automatic for every delay. Eligibility generally depends on the route, the operating airline, the length of the delay at arrival, and whether the delay was caused by circumstances the airline could reasonably have avoided.

When EU261 may apply

• Flights departing from an EU/EEA airport (regardless of airline), and
• Flights arriving into an EU/EEA airport when operated by an EU/EEA airline.

EU261 applies to eligible passengers with a confirmed reservation who checked in on time (or met the airline’s stated requirements for check-in).

When UK261 may apply

• Flights departing from a UK airport (regardless of airline), and
• Flights arriving into the UK when operated by a UK or EU/EEA airline (as commonly applied under UK261 rules).

UK261 broadly mirrors EU261 in structure and compensation levels, but the relevant regime depends on the itinerary and the applicable jurisdiction.

Delay length: the key threshold for compensation

For a delay claim, compensation is typically assessed based on the delay at final destination. A delay of 3 hours or more on arrival is commonly the minimum threshold for fixed compensation, provided the delay was within the airline’s responsibility under the regulation.

Extraordinary circumstances and when compensation may be refused

Airlines may lawfully refuse compensation where 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. Examples often relied on by airlines include severe weather, air traffic control restrictions, or certain security risks. Even where compensation is not owed, passengers may still be entitled to care and assistance (such as meals or accommodation) depending on the situation and delay length.

Compensation amounts for flight delays

EU261/UK261 compensation is typically a fixed amount set by flight distance and delay outcome. The amounts are usually expressed in euros under EU261 and in pounds sterling under UK261, but the structure is broadly equivalent.

Standard compensation bands (EU261/UK261)

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

On certain long-haul journeys, the regulation allows for reduced compensation where the arrival delay falls within a lower bracket. The applicable amount can depend on the specific route and the total delay at arrival.

Right to care and assistance during long delays

Separate from compensation, EU261/UK261 may require airlines to provide assistance during significant delays. Depending on the delay duration and flight distance, this can include:

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

If an airline does not provide required assistance, passengers may be able to recover reasonable expenses, supported by receipts, subject to the regulation and the circumstances.

How to claim flight delay compensation

A claim is typically made to the operating airline (the airline that actually operated the flight), even where the ticket was purchased through a travel agent or another carrier. A practical approach usually includes documenting the delay and submitting a clear written request for compensation under EU261 or UK261.

Step-by-step claim process

• Confirm eligibility: check the departure and arrival locations, the operating airline, and the arrival delay at the final destination.
• Collect evidence: keep booking confirmations, boarding passes, and any written notices about the delay.
• Calculate distance band: determine which compensation bracket generally applies.
• Submit the claim to the airline: use the airline’s online form or customer relations address and reference EU261/UK261 as applicable.
• Keep records: retain copies of emails, screenshots, and claim reference numbers.
• Escalate if necessary: where the airline rejects a claim, passengers may consider alternative dispute resolution (where available), the relevant national enforcement body, or legal action in the appropriate court.

Connecting flights and missed connections

For journeys involving connections, the relevant delay is typically measured at the final destination shown on the booking. If a delay on an earlier segment causes a missed connection and arrival is 3 hours or more late, compensation may be payable if the itinerary falls under EU261/UK261 and the cause is not extraordinary.

Documents and information typically needed

Airlines usually request enough information to identify the booking and confirm the disruption. The following documents are commonly used:

• Booking confirmation or e-ticket receipt showing passenger name and itinerary
• Boarding pass or check-in confirmation
• Flight number, date of travel, and route
• Proof of delay at arrival (where available), such as airport displays, airline emails, or time-stamped messages
• Receipts for out-of-pocket expenses claimed under the right to care (meals, hotels, transport)

FAQ

Does a delay have to be the airline’s fault to receive compensation?

Compensation generally depends on whether the cause was within the airline’s responsibility under EU261/UK261. If the delay resulted from extraordinary circumstances that could not have been avoided despite reasonable measures, compensation may be refused, though care and assistance obligations may still apply.

Is compensation based on departure delay or arrival delay?

For EU261/UK261 delay compensation, the key measure is typically the arrival delay at the final destination. A delay of 3 hours or more on arrival is the common threshold for fixed compensation.

Can passengers claim both a refund and compensation?

Rights can differ depending on the disruption and whether the passenger travelled. A refund is generally linked to situations where travel is not provided as contracted (such as cancellations or very long delays where the passenger chooses not to travel). Compensation is a separate right tied to the inconvenience caused, subject to eligibility rules.

What if the airline offers vouchers instead of cash?

EU261/UK261 compensation is typically payable in cash (or by bank transfer or cheque). Vouchers may be offered, but passengers are not generally required to accept them instead of money.

How long does it take to receive compensation?

Timeframes vary by airline and the complexity of the claim. Passengers usually benefit from keeping all correspondence in writing and following up if the airline does not respond within a reasonable period.

Conclusion

EU261/2004 and UK261 provide important protections for travellers facing long flight delays, including fixed compensation in eligible cases and practical assistance while waiting. A successful claim typically depends on the arrival delay reaching the relevant threshold, the flight falling within the regulation’s scope, and the cause not being extraordinary. With the right documents and a clear, well-supported request to the operating airline, passengers can assert their rights and seek the compensation and reimbursement the law may provide.