Vueling: Denied boarding compensation (UK261) — Mistakes to Avoid

Flight Delay Compensation Under EU261/2004 and UK261: What Passengers Need to Know

Flight delays can disrupt travel plans, add unexpected costs, and cause significant inconvenience. Under passenger rights rules commonly referred to as EU261/2004 (for most flights connected to the EU/EEA) and UK261 (for flights connected to the United Kingdom), eligible passengers may be entitled to fixed compensation and assistance when certain conditions are met. This guide explains when flight delay compensation may apply, how much passengers could claim, and the practical steps to make a claim.

Eligibility for Flight Delay Compensation

Eligibility for compensation depends on the route, the airline, the length of the delay at arrival, and the reason for the disruption. EU261/2004 and UK261 apply in broadly similar ways.

When EU261/2004 typically applies

• Flights departing from an EU/EEA airport (regardless of airline).
• Flights arriving into the EU/EEA on an EU/EEA-licensed carrier (for example, an EU airline flying into the EU/EEA from a non-EU country).

When UK261 typically applies

• Flights departing from a UK airport (regardless of airline).
• Flights arriving into the UK on a UK-licensed carrier.

Minimum delay threshold: delay at arrival

For flight delay compensation, the key measure is the delay at the final destination (arrival), not the delay at departure. Compensation is generally considered where the passenger arrived at least 3 hours late.

Missed connections and final destination

If a passenger booked a journey as a single booking (one itinerary) with a connection, the relevant delay is assessed at the final destination. A missed connection that leads to arrival 3+ hours late may qualify for compensation, provided the disruption is not caused by extraordinary circumstances.

Extraordinary circumstances (when compensation can 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. This is assessed case by case. Examples often argued by airlines include severe weather and certain air traffic control restrictions.

Operational issues within the airline’s control are less likely to qualify as extraordinary circumstances. Passengers should request a written explanation of the delay reason and keep it for their claim.

Compensation Amounts for Flight Delays (EU261/UK261)

Under EU261/2004 and UK261, compensation for long delays is set as fixed amounts based primarily on flight distance, with eligibility generally linked to arriving 3+ hours late. The amounts are stated in euros under EU261, and the UK applies equivalent rules under UK261.

Fixed compensation bands (based on distance)

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

In some circumstances involving rerouting that limits arrival delay on long-haul journeys, the payable amount may be reduced. The applicable band and any reduction depend on the specific routing and arrival delay.

Right to Care: Meals, Accommodation, and Rebooking

Separate from compensation, passengers may also have “right to care” entitlements when delays reach certain lengths. These can include meals and refreshments, access to communication, and, where necessary, hotel accommodation and transport between the airport and the place of accommodation.

Where an overnight stay becomes necessary due to the delay, the airline is generally responsible for reasonable accommodation and transport. Passengers should keep receipts if they have to arrange care themselves, and they should aim for reasonable costs.

How to Claim Flight Delay Compensation

A practical claim process often improves the chances of a timely resolution. Under EU261/2004 or UK261, a passenger typically submits a claim directly to the operating air carrier (the airline that operated the flight).

Step 1: Confirm the applicable regime and basic eligibility

• Confirm whether EU261/2004 or UK261 applies based on departure/arrival and airline licensing.
• Confirm the delay at arrival at the final destination was 3+ hours.
• Identify the likely delay reason and whether it may be extraordinary.

Step 2: Contact the airline with a clear written claim

The claim should include flight details, booking reference, date of travel, the length of the delay at arrival, and the compensation amount sought based on distance band. Passengers should request the airline’s stated reason for the delay if it is not already provided.

Step 3: Escalate if the airline refuses or does not respond

If the airline rejects the claim or does not respond within a reasonable time, passengers can consider escalation options such as:

• Using the airline’s internal complaints process.
• Escalating to an approved alternative dispute resolution (ADR) body if the airline participates.
• Submitting the complaint to the relevant national enforcement body where appropriate.
• Considering legal action where suitable, depending on jurisdiction and limitation periods.

Documents and Evidence to Support a Claim

Strong documentation helps support a flight delay compensation claim. Passengers should gather and keep:

• Booking confirmation showing passenger names and itinerary
• Boarding passes (or proof of check-in where available)
• Delay confirmation from the airline (email/SMS/app notification or written statement)
• Evidence of arrival time if disputed (for example, flight tracking screenshots and timestamps)
• Receipts for meals, transport, and accommodation if the airline did not provide care
• Correspondence with the airline about the disruption

FAQ: EU261/UK261 Flight Delay Compensation

Does compensation depend on the ticket price?

No. Under EU261/2004 and UK261, compensation is a fixed amount based on distance and delay length, not the cost of the ticket.

Is compensation available for delays under 3 hours?

Compensation for delay is generally linked to an arrival delay of at least 3 hours. However, separate “right to care” assistance may apply earlier depending on delay length and distance.

What if a passenger was rebooked and arrived late?

If the passenger arrived at the final destination 3+ hours late due to disruption on a journey covered by EU261/2004 or UK261, compensation may still be due unless the airline can demonstrate extraordinary circumstances and that reasonable measures were taken.

What if the delay was caused by bad weather?

Airlines often treat severe weather as an extraordinary circumstance, which may remove the obligation to pay compensation. Even where compensation is not payable, the airline may still owe care (such as meals and accommodation) depending on circumstances.

Can passengers claim for missed connections?

If the itinerary was booked as a single booking and the missed connection caused arrival 3+ hours late at the final destination, compensation may be available if the disruption is covered and not due to extraordinary circumstances.

Conclusion

EU261/2004 and UK261 provide important protections for passengers facing long flight delays, including fixed compensation in many 3+ hour delay cases and a separate right to care during disruption. The key factors are whether the rules apply to the route and airline, the delay at arrival, and whether the airline can show extraordinary circumstances. With the right documents and a clear written claim to the operating carrier, passengers are better positioned to secure the compensation and assistance the law provides.