Your rights
Flight delay compensation
You may be entitled up to £730 flight delay compensation.
Unfortunately travel doesn’t always go according to plan. Read on to find out what your air passenger rights are and how to claim delayed flight compensation.
Flight delay compensation
1. Understanding Flight Delay Compensation Regulations
"UK 261" Explained: Compensation Regulations for Delayed Flights in Europe
Flight delay compensation regulations, commonly referred to as “UK 261,” ensure passengers’ rights in Europe and the UK. Following Brexit, the UK aligned its legislation with the European law EC 261, granting UK flight passengers the same protections as those in the EU.
If your flight to or from the UK or Europe was delayed, you may be eligible for compensation of up to £730.
Both EU law EC 261 and the UK law state that you can claim cash compensation for a delayed flight if:
- Your arrival at the destination is more than three hours later than scheduled.
- You have checked in on time (usually at least 45 minutes before departure).
- The delay occurred within the past three years.
- The airline is responsible for the delay due to operational circumstances or technical difficulties.
- Your flight took off from the EU or UK (in some cases, flights into these regions may also qualify).
Whether or not the airline has provided food, refreshments, or travel vouchers, you can still be entitled to compensation under these regulations.
Compensation Rights for Delayed Flights: A Guide for UK Citizens
The Montreal Convention: Global Regulations for Delayed Flights
The 2003 Montreal Convention, signed by 120 nations, including the USA, outlines air passenger rights concerning various flight disruptions, such as flight delays.
The convention specifically deals with “damages” arising from flight disruptions, which may include financial compensation.
For instance, if your delayed flight necessitated an extra night in a hotel, you should be eligible for reimbursement for the incurred expenses.
Post-Brexit: How Does Flight Delay Compensation Change?
The UK’s flight delay rules are part of the flight delay compensation regulations, and they remain applicable until the UK officially departs from the union.
As for the impact of Brexit on air passenger rights, only time will reveal the effects. Currently, the implications are uncertain, just like many aspects of the Brexit negotiations.
Until the UK formally leaves the EU, the EC 261 regulations mentioned above continue to be the prevailing law.
2. Obtaining flight compensation
Flight Delays Compensation UK – What is the Amount Owed for Delayed Flights?
Under the UK 261 regulation, any flight delayed for more than three hours qualifies you for financial compensation.
The amount of compensation for delayed flights in Europe depends on two main factors: the duration of your delay and the distance of your flight. Let’s explore the breakdown of how much you are entitled to receive as EU delayed flight compensation.
What was the distance of your flight?
How long were you delayed?
Flight Delay Compensation – How is the Delay Calculated?
Flight delays are determined by the time of your arrival at the final destination, which is crucial because airlines can potentially make up time during the flight, even if it took off late.
However, the definition of a flight’s “arrival time” was clarified by the European Court of Justice in September 2014, and this definition has been adopted into UK law. “Arrival time” is considered to be when the aircraft has reached its final destination and one of its doors is open, as this is when passengers are allowed to disembark.
This distinction can sometimes result in a difference of 15 minutes or more from the time the aircraft landed, underscoring the importance of accuracy when making a claim for your flight delay compensation.
If your flight delay is less than three full hours you are not eligible for compensation
Flight Delay Compensation – Entitlements for Business Travellers and Public Officials
There is a common misconception that employers are entitled to compensation for flight delays during business trips, but this is not the case.
In reality, it is the passenger who experienced the inconvenience due to the delay that is eligible for flight delay compensation, irrespective of who paid for the ticket.
This principle is outlined in the legislation governing significant flight delays, cancellations, and cases of overbooking. It applies to all passengers, whether they are employees of private-sector companies or public officials.
Right to Care: Food, Refreshments, and Accommodation for Delayed Flights
While waiting for the airline to resolve the delay and continue your journey to the destination, UK law ensures you receive essential provisions based on your flight details.
During the delay, the carrier is required to provide meals and refreshments, as well as access to communication facilities, including two phone calls, telex or fax messages, and emails.
If the delay extends to an overnight stay, the airline must arrange and cover your accommodation in a hotel, along with transportation to and from the airport.
Other Rights under EC 261 and its UK Equivalent
Right to Refund or Re-routing:
Aside from compensation for the time lost due to the delay, if the delay exceeds five hours, you have the right to a full or partial refund of your original ticket. Additionally, if necessary, the airline must provide you with a return flight to your point of departure.
Upgrading and Downgrading:
Should the airline offer you an alternative flight and you are fortunate enough to receive an upgrade, no additional charges are permissible. Conversely, if the alternative flight is of a lower class, you may be entitled to a reimbursement ranging from 30-75% of your original ticket price.
Further Compensation:
Receiving compensation does not negate your right to request additional compensation. However, this rule does not apply in cases where passengers voluntarily surrender their reservations. It’s important to note that the compensation received under the law known as “UK 261” might be deducted from any extra compensation you receive.
Did you know?
Obligation to Inform Passengers of their Rights
Airlines have a responsibility to inform passengers about their rights and the details of EC 261. As part of this obligation, every airline must display information regarding passenger rights at their check-in counters.
Compensation for Delayed Flight: Cash or Flight Vouchers - What Are Your Options?
Don’t be fooled
When your flight is delayed, the airline might offer you compensation in the form of flight vouchers. It can be challenging to decline when you’re exhausted and fed up.
However, be cautious that accepting vouchers may waive your right to claim the compensation you legally deserve. According to UK and EU regulations, compensation should be given in cash, electronic transfer, or checks, unless you willingly opt for travel vouchers.
Ultimately, the decision to accept the vouchers is yours. Statistics show that most people choose this option. But keep in mind that it’s essential to understand what compensation you might be entitled to if you insist on cash instead.
Interestingly, many air travellers are unaware of their compensation rights. In a survey of European air travellers, 85% didn’t know their entitlements, and globally, 13 million passengers miss out on the compensation they deserve.
3. What cases qualify for Flight Delay Compensation?
Delayed Flight Claims – Does EC 261 Cover All Delayed Flights?
Nearly all routes within Europe, including the UK, fall under the coverage of the regulations.
This includes not only EU airspace but also territories like Iceland, Norway, Switzerland, and the designated “outermost-regions” such as French Guiana and Martinique, Guadeloupe and La Réunion, Saint-Martin, Madeira, the Azores, and the Canary Islands.
A common misconception is that this legal protection solely applies to flights within Europe, but that’s not accurate.
If your flight departs from any airport in the UK or EU, you are eligible to make a delayed flight claim. Additionally, you are covered if your flight departs from outside the UK or EU, but the airline is based in one of the relevant territories.
Exceptions to Compensation: Airlines' Responsibilities in Extraordinary Circumstances
Airlines are exempt from paying compensation in situations deemed as extraordinary circumstances, as outlined in EC 261 and its corresponding UK law.
These extraordinary circumstances include events like lightning strikes, medical emergencies, air traffic control strikes, severe adverse weather conditions, airport employee strikes, air traffic control restrictions, airport radar malfunctions, acts of sabotage, political unrest, and acts of terrorism.
The classification of snow as a serious adverse weather condition depends on whether the airline could have reasonably prevented the issue. For instance, if the airline failed to ensure sufficient de-icer supplies before winter, leading to delays while other airlines managed to depart on time, they could be held liable for the delay.
In contrast, airline strikes are not considered extraordinary circumstances. A ruling by the European Court of Justice in April 2018, applicable to UK law, clarified that internal ‘wildcat strikes’ by flight staff do not fall under this category. Consequently, airlines must now compensate air passengers for flight delays and cancellations caused by airline strikes.
Missed Connecting Flight Due to Flight Delay: Understanding Your Rights and Options
As travellers explore destinations beyond borders, flights often involve multiple stops or connections along the way. Any delay in one of these flights can lead to missing a connection, causing chaos throughout the journey.
If you do miss a connection due to a delayed flight, the airline is responsible for arranging a replacement to your final destination, as stated by their obligation.
Moreover, you might be eligible for compensation under European laws. If your arrival at the final destination is more than three hours later than your original flight, you could claim up to £730 in compensation.
It’s crucial that your flights are booked together and considered part of the same journey. If you booked any onward flight separately, it would not be covered by the compensation.
Was your flight delayed in the last 3 years?
4. Filing a Claim for Flight Delay Compensation: Step-by-Step Guide
What to Do When Your Flight is Delayed
If you’ve just been notified of a flight delay, it’s best not to stress. Follow our simple step-by-step guide to navigate the situation with ease.
- Keep your boarding pass and all other travel documents safe.
- Inquire about the reason for the flight delay.
- Collect evidence of the delay, such as photos of the departure board or any communications from the airline confirming the disruption.
- Take note of the revised arrival time at your destination.
- Request the airline to cover your expenses for meals and refreshments during the delay.
- Refrain from signing anything or accepting offers that might waive your rights.
- Decide whether to wait for the flight or cancel it if the delay exceeds five hours.
- If necessary, ask the airline to provide you with a hotel room.
- Retain receipts for any additional expenses incurred due to the delayed flight.
Claiming Flight Delay Compensation with Claim ‘N Win
We understand that most passengers lack the time, experience, or desire to engage in disputes with airlines. That’s why Cliam’N win steps in to claim their rightful compensation for delayed flights.
Why Claim’ N Win?
- We swiftly assess your eligibility for compensation.
- With no risk involved, we only charge a fee when we successfully secure your compensation
Essential Documents for Claiming Flight Delay Compensation
Airlines have varied procedures and document requirements when making a delayed flight claim. The best approach is to keep all documents safe in case of a flight delay.
One of the advantages of filing a claim with AirHelp is that we are well-versed in the specific requirements of each airline. We will assist you in identifying the necessary documents when you initiate your claim.
If you decide to file directly with the airline, be prepared for some resistance. Despite the law being on your side, they may not be eager or swift in providing compensation. To maximise your claim’s chances of success, ensure you gather all the relevant documentation you can.
How it works:
As simple as fly.
Submit your details in minutes and instantly see if you are eligible for compensation.
Our team of specialists will fight for your rights and handle your claim from A to Z.
As soon as we receive compensation we send you your money.
5. FAQs About flight Delay Compensation
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