TAP Air Portugal: When compensation is refused (Montreal Convention) — Rights & Amounts

Flight Delay Compensation Under EU261/UK261

Flight disruption can cause missed connections, extra expenses, and major inconvenience. Under EU Regulation 261/2004 (EU261) and its UK equivalent (UK261), eligible passengers may be entitled to standardized compensation when a flight is significantly delayed and the airline is responsible. This guide explains when compensation may apply, how much may be available, and how to make a practical claim.

Eligibility for Compensation (EU261/UK261)

EU261/UK261 generally applies based on the departure airport, the airline’s operating carrier status, and (for some journeys) the arrival airport. Eligibility also depends on the length of delay at arrival and whether the cause was within the airline’s control.

Flights Covered by EU261

• Departing from an EU/EEA airport (including Iceland, Norway, and Switzerland), on any airline
• Arriving into the EU/EEA from a non-EU/EEA airport, when operated by an EU/EEA airline

Flights Covered by UK261

• Departing from a UK airport, on any airline
• Arriving into the UK from outside the UK, when operated by a UK airline

Minimum Delay Threshold for Compensation

For delay compensation under EU261/UK261, the key measure is typically the delay at arrival (when at least one aircraft door is opened and passengers are permitted to disembark). Compensation may be available when the arrival delay is 3 hours or more, provided other requirements are met.

When Compensation May Be Refused

Airlines may not owe 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. These situations are assessed case-by-case and may include certain severe weather events or air traffic management restrictions.

Operational issues within the airline’s control (such as many technical and staffing issues) can still lead to compensation. Passengers should rely on evidence and the airline’s stated reason, and request clarification in writing where possible.

Compensation Amounts for Flight Delays

EU261 sets fixed compensation bands based on flight distance and delay duration. UK261 mirrors these rules but pays in pounds sterling rather than euros (with amounts set in UK law).

EU261 Compensation Bands (in Euros)

• €250 for flights up to 1,500 km
• €400 for intra-EU/EEA flights over 1,500 km and for other flights between 1,500 km and 3,500 km
• €600 for flights over 3,500 km

Reduced Compensation in Some Long-Haul Scenarios

For certain flights over 3,500 km, compensation may be reduced when the delay is below specific thresholds (commonly where arrival delay is between 3 and 4 hours). The airline should explain any reduction and how it was calculated.

Right to Care and Assistance During Delays

Separate from cash compensation, EU261/UK261 provides for care and assistance during lengthy delays, depending on distance and waiting time. This can include meals and refreshments, communications, and if necessary, hotel accommodation and transport between the airport and hotel.

When the airline does not provide assistance, passengers may be able to recover reasonable expenses if they keep receipts and costs are proportionate.

How to Make a Flight Delay Compensation Claim

Claims are typically made directly to the operating airline (the carrier that actually flew or was scheduled to fly the flight). Codeshare marketing airlines are not usually the correct party if they did not operate the flight.

Step-by-Step Claim Process

• Confirm the basics: flight number, date, route, and arrival delay of 3+ hours
• Identify the operating carrier and use its online EU261/UK261 claim channel where available
• State the legal basis clearly: EU261/UK261 and the arrival delay duration
• Request compensation and reimbursement (if applicable) separately and clearly
• Keep written records of submissions and responses

Common Airline Responses and Practical Next Steps

If the airline rejects a claim citing extraordinary circumstances, passengers may ask for specific details (for example, the exact operational reason and supporting documentation or references). If the airline does not respond or refuses without adequate explanation, passengers may consider escalation through the appropriate dispute resolution route, depending on the airline and jurisdiction.

Documents and Evidence to Support a Claim

Strong documentation improves the likelihood of a successful outcome. Passengers should retain records even if the airline already has access to the booking.

Recommended Documents

• Booking confirmation and itinerary
• Boarding pass (if available)
• Proof of delay at arrival (screenshots, emails/texts from airline, airport display photos)
• Receipts for meals, hotel, transport, and necessary expenses if the airline failed to provide care
• Written communication with the airline about the delay reason

FAQ

Is compensation based on departure delay or arrival delay?

For EU261/UK261 delay compensation, eligibility generally depends on the arrival delay being 3 hours or more.

Does a rebooked flight affect eligibility?

If a passenger is rebooked and arrives at the final destination 3 hours or more late, compensation may still apply depending on the cause and whether EU261/UK261 coverage requirements are met.

Can passengers claim both compensation and expenses?

EU261/UK261 cash compensation and reimbursement of reasonable care expenses address different rights. Depending on the circumstances, a passenger may be entitled to standardized compensation and also recover reasonable costs when the airline did not provide required assistance.

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

An airline may deny compensation if it can demonstrate extraordinary circumstances and that reasonable measures were taken. Passengers may request a more detailed explanation and keep evidence of the delay and the airline’s stated reason.

Does EU261/UK261 apply to all airlines worldwide?

No. Coverage depends on the departure airport and, for some inbound flights, whether the carrier is an EU/EEA or UK airline. The operating carrier and route determine whether EU261 or UK261 applies.

Conclusion

EU261/UK261 provides valuable passenger protections when a flight arrives 3 hours or more late and the airline is responsible. The right to care during delays and the right to standardized compensation are separate, and both may matter in practice. With clear documentation and a structured claim to the operating airline, eligible passengers can pursue the compensation and reimbursement the law provides.