A flight delay is inconvenient, stressful, and costly for anyone. But did you know that almost 82% of affected airline passengers do not claim compensation for flight delays? According to EU Regulation 261/2004 and UK law, every passenger is legally entitled to financial compensation for flight delays of up to €600 per person. Now let’s get to the point and take a closer look at the rights of passengers and how to claim compensation for flight delays.
Passenger Rights in Case of Flight Delay
It is essential for passengers to know their rights based on the EU 261 regulation when flight delays happen. Here is an overview of what an airline must offer in such cases:
- Assistance: The airline company must provide you with food and refreshments if the flight’s delayed by 2 or more hours. Additionally, a passenger has a right to make two calls or send two emails.
- Accommodation: If the flight is delayed overnight, the airline has a legal obligation to provide hotel accommodation and transportation to and from the hotel.
- Compensation: If the flight is delayed by three hours or more, the airline has a legal obligation to provide compensation. The amount depends on the length of the delay and the flight distance. The airline’s responsibility to pay compensation applies when the delay is the airline’s fault, and they are required to pay compensation or provide compensation accordingly.
- Cancellation: If the delay is five or more hours, passengers are entitled to a full refund of the flight cost or a replacement flight at the earliest opportunity. This applies to all flights under the same booking, including return flights, connecting flights, and other flights in the reservation.
UK passengers flying with a UK airline have similar rights under UK law.
When Are You Entitled to Compensation for a Delayed Flight?
There are several circumstances to remember if you are going to claim a delayed flight compensation. See the requirements outlined by the EU Regulation 261/2004 that make you eligible for compensation:
- The first thing to remember is that your flight must either depart from or arrive in an EU country and be operated by an EU airline.
- After the delay, you have arrived at your destination 3 or more hours late.
- Importantly, the delay must not be caused by any of the following extraordinary circumstances: bad weather, airport or union strikes, political or civil instability, or security threats at the airport. Basically, these are circumstances that are beyond the airline’s control.
- The flight delay occurred in the last 3 years.
- You checked in for your flight on time.
If your delayed flight or cancelled flight meets these criteria, each individual passenger is eligible to claim compensation. This also applies to a return flight if it is affected. Be sure to keep your booking reference handy when making a claim. Additionally, travel insurance may provide extra coverage for delayed flights or a cancelled flight, so review your policy for further protection.
Flight Delay Compensation
According to EU Regulation 261/2004, if your flight arrives at its final destination with a delay of more than three hours, you have the right to claim compensation from the airline company. The flight compensation amount depends on the length of the delay and the flight distance. See the table below for more details:
| Less than 3 hours | Between 3-4 hours | Over 4 hours | Distance |
| €0 | €250 | €250 | All flights up to 1500 km |
| €0 | €400 | €400 | All flights between 1500 km and 3500 km |
| €0 | €400 | €400 | All intra-EU flights over 3500 km |
| €0 | €300 | €600 | All non-EU flights over 3500 km |
How Is EU Flight Delay Compensation Calculated?
Now that you know your compensation size depends on the flight’s length and the length of the delay, you might want to know how EU flight delay compensation is calculated. Compensation is only available if the length of the delay is at least three hours. When calculating reimbursement, companies consider the moment a passenger actually arrives at his final destination. This is very critical because even in case of a delay, the airline can still catch up with timing while in the air.
So, what is officially considered “arrival time?” Back in September 2014, the European Court of Justice (case C-452/13) decided that “arrival time” is the moment the aircraft lends its final destination, one of its doors is open, and the passengers can leave it. This can take 15 or more minutes, and your task is to state the exact time of arrival when claiming for your flight delay compensation.
Compensation for Business Travelers
Now, how about the airline delay compensation for the business traveler? If you are a business traveler and have experienced a flight delay, you must get compensation, not your employer. It is important to remember this. Similarly, if you are a state official, you will be recompensed by the airline. In other words, the one who suffers from the delay receives the compensation — not the one who paid for the ticket. Also, it stands regardless of the ticket price.
Which Flights Are Covered by EU261?
Regulation EU261/2004 applies to all flights departing from an airport in the EU, as well as to all flights arriving at an airport in the EU if the flight was operated by an airline based in the EU. These rules also apply to airlines based in Iceland, Norway, and Switzerland.
For more information, please see the table below:
| Itinerary | EU air carrier | Non-EU air carrier |
| From inside the EU to inside the EU | ✅ Covered | ✅ Covered |
| From inside the EU to outside the EU | ✅ Covered | ✅ Covered |
| From outside the EU to inside the EU | ✅ Covered | ❌ Not covered |
| From outside the EU to outside the EU | ❌ Not covered | ❌ Not covered |
Extraordinary Circumstances Are Not Covered
It is important to remember that, according to the regulation, you cannot claim compensation in case of extraordinary circumstances. These are the conditions/events that are outside the airline’s control. Compensation is only due when the delay is within the airline’s control. Here are the examples of extraordinary circumstances:
- Bad weather;
- Airport or air traffic control strikes;
- Political or civil instability;
- Security threats at the airport.
How to Claim Flight Delay Compensation
Even though the claim compensation procedure may seem not that hard at first sight, it is easy to fail if you do not know all the requirements and forget to include some critical information or documents. Flightrefunder is here to help you out and our experts will accompany you during every step. Here is what you should do to begin the process:
- Fill in this form: You will see that we made an easy, yet, detailed form for your convenience. You will need to provide flight details about your case, such as flight number, date, contact information, and specific details about the issue you encountered.
- Get help from our experts: As soon as you fill out the claim compensation form, our employee will assess your case. Our experts have in-depth knowledge of EU laws and air passenger rights. In case legal action is needed, we cooperate with lawyers who deal with such cases. On top of that, you don’t need to pay any fees before we win your case. The No-win, no-fee approach shows our professional attitude and confidence in assisting clients in their cases.
Documents You Need to Claim Flight Delay Compensation
The airline companies have different procedures and a pack of documents for paying reimbursement for delays. We recommend that passengers keep all documents related to a flight. Basically, you will need the following:
- Flight information in detail;
- Boarding pass;
- Booking reference;
- Attached travel documents;
- Flight distance details;
- The length of a delay at arrival;
- The reimbursement sum you are claiming.
Additionally, check your travel insurance policy to see if it covers delayed flights, as it may provide extra compensation beyond what the airline offers.
Choosing to file a claim with our help, you should know that we have vast experience in this sphere and know all the variations in procedures and the list of documents required by each airline company. Considering this, the chances of getting fair compensation are much higher.
Flight delayed by 3+ hours? You could get up to €600 in compensation
FAQ
You have a right to claim compensation if the flight delay is 3 or more hours, according to the EU 261 Regulation. After Brexit, the United Kingdom adopted the European Union law, thus, ensuring passengers have the same protection under UK regulations.
No. Bad weather is one of the extraordinary circumstances, meaning it is a situation/event that is outside of the airline company’s control. Nonetheless, each case must be analyzed in detail to see if bad weather was really the reason for the flight disruption.
No, unfortunately, you cannot claim compensation for a 1 or 2-hour flight delay. It is only possible after a 3-hour delay in the EU and UK.
Yes, it is possible, however, it depends on where you are flying. Luckily, the flight delay compensation laws in the EU and UK are some of the most straightforward and comprehensive; also they cover internal and external flights. If you depart from Europe, or you fly to Europe using UK or EU airline, you are covered by EU 261 (or its UK equivalent). The airline operating the flight must comply with these regulations if the flight meets the criteria.
The size of your flight delay compensation depends on the flight distance, delay length, and the laws that apply to your specific flight. In the EU the amount you can claim is up to €600.
Some flight passenger laws make you eligible to claim reimbursement to get the money you lost back. However, in the case of a flight delay, the airline company will check if your costs are necessary. Usually, they only refund food and refreshments costs, as well as reasonable hotel accommodation. if you are delayed overnight. The airline’s responsibility includes providing care and assistance during a long delay.
You are not eligible for compensation if the delay was caused by extraordinary circumstances beyond the airline’s control – such as severe weather, political unrest, air traffic control restrictions, or security risks. You are also ineligible if you checked in late, voluntarily gave up your seat, or accepted a refund instead of traveling.
If your missed connection was part of the same booking and the delay at your final destination is three hours or more, you are eligible for compensation under EU/UK law – unless the delay was caused by extraordinary circumstances. The same protection applies for missed connections due to a delay in the first leg of the trip.
Infants (children under 2 years old) are usually not entitled to compensation if they travel without their own paid seat. However, if a separate seat was purchased for the infant, and the flight meets the eligibility criteria, compensation may be claimed.
No, you do not need travel insurance to claim compensation for a delayed flight under EU or UK law. Compensation is a legal right. However, travel insurance may offer additional coverage for things like missed hotel bookings or car rentals due to the delay.