Vueling: When compensation is refused (Montreal Convention) — What to Do

Flight Delay and Cancellation Compensation Under EU261/2004 and UK261

Passengers departing from an EU/EEA airport, or flying into the EU/EEA with an EU-based airline, may have rights to care and financial compensation when a flight is delayed, cancelled, or when boarding is denied. Similar protections apply under UK261 for eligible flights involving the United Kingdom. These rules are designed to offer practical support at the airport and, in certain cases, fixed-sum compensation.

Eligibility for Compensation

Compensation under EU261/2004 or UK261 depends on several factors, including the route, the operating airline, the length of delay, and the cause of disruption. Not every delay or cancellation qualifies for compensation, even if it causes significant inconvenience.

When EU261/2004 may apply

• Departing from an EU/EEA airport (regardless of airline nationality); or
• Arriving into the EU/EEA on an EU/EEA-based carrier.

When UK261 may apply

• Departing from a UK airport (regardless of airline nationality); or
• Arriving into the UK on a UK-based carrier.

Delay length and outcome

For delay compensation, the key measure is typically the arrival delay at the final destination. In many cases, compensation becomes relevant when the passenger arrives 3 hours or more late, subject to the reason for the disruption.

Extraordinary circumstances (when compensation may not be owed)

Airlines may not owe fixed compensation if they can show the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Examples often include certain severe weather events, air traffic control restrictions, or security risks. Routine operational issues or technical problems may not automatically qualify as extraordinary, but eligibility depends on the specific facts.

Compensation Amounts (EU261/UK261)

When compensation is due, EU261/2004 and UK261 typically provide fixed amounts based mainly on flight distance and the length of delay (or re-routing impact in cancellation cases). The standard compensation bands are commonly understood as:

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

For some long-haul situations involving re-routing that limits delay, the compensation may be reduced. The relevant scheme (EU261 or UK261) and the specific routing outcome can affect the final amount.

Right to Care: Meals, Accommodation, and Communication

Separate from fixed compensation, passengers may have a right to care and assistance when a delay or cancellation triggers waiting time thresholds. Care can include meals and refreshments, access to communication, and hotel accommodation with transport where an overnight stay becomes necessary. This right can apply even where compensation is not payable due to extraordinary circumstances.

How to Make a Claim

A practical claim process under EU261/2004 or UK261 usually involves contacting the operating airline (the airline that actually operated the flight) and providing the necessary supporting details. Claims can often be submitted through the airline’s online customer service portal.

Step-by-step claim approach

• Identify whether EU261/2004 or UK261 applies based on departure/arrival and carrier.
• Confirm the final arrival delay at the destination and whether the disruption qualifies.
• Collect documents that show booking details and what occurred.
• Submit a written claim to the operating airline requesting compensation and/or reimbursement where applicable.
• Keep copies of submissions and responses for records.

Refunds and re-routing

In cancellation or certain delay situations, passengers may be able to choose between a refund and re-routing under the regulation’s rules. The best option depends on whether the passenger still wishes to travel and what alternatives the airline can provide.

Documents to Prepare

Maintaining clear documentation helps support a claim and reduces the risk of delays in processing. Useful items often include:

• Booking confirmation and e-ticket receipt
• Boarding pass (if available) and check-in confirmation
• Proof of delay or cancellation (airline emails/SMS, airport screenshots, rebooking confirmation)
• Receipts for eligible expenses (meals, transport, hotel) if reimbursement is requested
• Bank details for payment (where required by the airline)

FAQ

Does compensation apply to all delayed flights?

No. Compensation typically depends on the arrival delay at the final destination and whether the cause was within the airline’s control under EU261/2004 or UK261. Some disruptions arising from extraordinary circumstances may not lead to compensation, though care obligations may still apply.

What if the flight is cancelled?

In cancellation situations, compensation may be due depending on how much notice was given and the impact of any re-routing offered. Passengers may also have rights to a refund or re-routing and, where applicable, care and assistance while waiting.

Is compensation the same under EU261 and UK261?

The frameworks are closely aligned, with similar structures for eligibility and standard compensation bands. The applicable scheme depends on the route and carrier.

Can expenses be claimed even if compensation is refused?

In some situations, reimbursement for necessary care-related expenses may be available even where fixed compensation is not payable. The expenses generally need to be reasonable and supported by receipts.

Who should receive the compensation payment?

Compensation is generally owed to the passenger affected by the disruption. For bookings made through a travel agent or third party, the passenger can still usually claim directly from the operating airline.

Conclusion

EU261/2004 and UK261 can provide meaningful support to air passengers through fixed compensation in qualifying cases and practical care during significant disruptions. Determining eligibility depends on the route, the operating airline, the arrival delay, and the reason for disruption. Keeping documents, understanding the care rules, and submitting a clear claim to the operating airline can improve the chances of a smooth outcome.