Wizz Air: Baggage delay compensation (EU261) — Documents You Need

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

Flight disruptions can be stressful, but passengers on flights covered by EU Regulation 261/2004 (EU261) and the UK’s retained version (UK261) may have strong legal rights when a flight is delayed, cancelled, or overbooked. This guide explains eligibility, compensation amounts, the claim process, and the documents typically needed to pursue flight delay compensation in a practical, step-by-step way.

Eligibility for flight delay compensation under EU261/2004 and UK261

Compensation is not available for every delay. Under EU261 and UK261, compensation generally depends on the length of the delay at arrival, the route distance, and whether the disruption was caused by circumstances within the airline’s control.

Flights that may be covered

• EU261 typically applies to flights departing from an EU/EEA airport (including Iceland, Norway, and Switzerland) regardless of airline, and to flights arriving into the EU/EEA operated by an EU/EEA carrier.
• UK261 typically applies to flights departing from the United Kingdom regardless of airline, and to flights arriving into the United Kingdom operated by a UK carrier.

Delay threshold for compensation

For delays, compensation is generally linked to the time passengers arrive at their final destination. A delay of 3 hours or more at arrival may qualify for compensation (subject to the airline’s right to refuse if the delay was caused by extraordinary circumstances).

Extraordinary circumstances (when compensation may be refused)

Airlines may refuse compensation if the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Common examples can include certain severe weather events, air traffic control restrictions, and security risks. Whether a specific event qualifies depends on the facts and evidence.

Operational issues that are part of running an airline typically do not automatically count as extraordinary, though each case turns on its own circumstances.

Compensation amounts for flight delays

When compensation is owed under EU261/UK261 for a delay of 3 hours or more at arrival, the amount is usually set by distance bands. These are fixed sums and are not based on the ticket price.

EU261 fixed compensation (in euros)

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

UK261 fixed compensation (in pounds)

UK261 uses the same distance bands and structure, with compensation payable in pounds sterling under the UK regime.

Re-routing and reduced compensation

In some rerouting scenarios, compensation can be reduced depending on how late passengers arrive compared with the original schedule. The reduction rules are fact-specific and depend on the distance band and the arrival delay after rerouting.

Right to care: meals, accommodation, and communications

Separate from cash compensation, EU261/UK261 can provide a right to care when delays reach certain thresholds. This may include meals and refreshments, access to communications, and accommodation with transport when an overnight stay becomes necessary.

The right to care can apply even when compensation is not owed, depending on the cause of the delay.

How to claim flight delay compensation

A claim is usually made directly to the airline operating the flight. The operating carrier is typically responsible, even when the ticket was purchased through another airline or a travel agent.

Step-by-step claim process

• Confirm eligibility by checking route coverage, the arrival delay at the final destination, and whether extraordinary circumstances are likely to be claimed.
• Prepare evidence, including booking confirmation and proof of the delay.
• Submit a written claim to the airline, referencing EU261/2004 or UK261 as appropriate and stating the requested compensation amount using the correct distance band.
• Keep records of all correspondence and any expenses incurred during the disruption.
• Escalate if needed if the airline rejects the claim and the passenger believes the refusal is unfounded. Options can include the airline’s alternative dispute resolution scheme (if available) or the relevant enforcement body, depending on the route and jurisdiction.

Time limits (limitation periods)

Time limits for bringing a claim can vary depending on the jurisdiction and the legal basis used. Passengers should consider acting promptly and keeping evidence while it remains accessible.

Documents and evidence typically needed

Airlines commonly request documents that confirm the passenger’s travel details and the extent of the delay. Helpful items often include:

• Booking confirmation showing passenger name(s), flight number, route, and date
• Boarding pass or check-in confirmation (if available)
• Proof of arrival time at the final destination (airline notifications, airport arrival boards, or contemporaneous messages)
• Receipts for reasonable expenses where reimbursement is sought under the right to care
• Written communication from the airline explaining the delay (if provided)

FAQ

Does a delay have to be 3 hours at departure?

No. Compensation for delay is generally assessed based on the arrival delay at the final destination, not the departure delay.

What if the flight was delayed but the airline says it was due to extraordinary circumstances?

The airline may refuse compensation if it can show extraordinary circumstances and that reasonable measures were taken. Passengers can request details and evidence supporting the refusal and consider escalation where appropriate.

Is compensation available for missed connections?

It can be, where the passenger arrives at the final destination 3 hours or more late and the itinerary falls within EU261/UK261 coverage. The assessment is based on the delay at the final destination, not only the first flight.

Can passengers claim both compensation and expense reimbursement?

Potentially yes. Fixed compensation (where owed) is separate from reimbursement of reasonable care and assistance costs, though individual circumstances matter.

Who pays compensation if the ticket was booked through a travel agent?

Responsibility typically rests with the operating air carrier that performed (or should have performed) the flight.

Conclusion

EU261/2004 and UK261 can provide meaningful passenger protections when a flight is significantly delayed, including fixed compensation in qualifying cases and practical care such as meals and accommodation during long waits. A well-prepared claim supported by clear documents and accurate timing at the final destination gives passengers the best chance of securing flight delay compensation where the law applies.