What Is The Definition Of Arrival Time For Flight Compensation Claims?

What Is The Meaning Of Flight Arrival Time For Compensation Claims?

When claiming for flight compensation, there is an important difference between the time your flight lands and the time you are considered to have arrived at your destination.

Under UK261 and EU261, arrival time is considered to be when at least one of the aircraft doors is opened, allowing passengers to start leaving the plane.

If you’re calculating the length of your flight delay, the most important time to make a note of is when one of the aircraft doors is opened. This is the time that you should use to calculate the length of your delay and determine whether you may have a right to claim compensation.

How Do I Calculate The Arrival Time For Flight Delay Compensation?

When calculating the length of a flight delay, there are several different times you might think count as the arrival time. However, for flight delay compensation, there is only one that matters.

Your Arrival Time Is:

• The time when at least one of the aircraft doors is opened, allowing passengers to start leaving the plane.

Your Arrival Time Is Not:

• When the aircraft lands or touches down on the runway
• When the aircraft is taxiing towards the gate
• When the aircraft comes to a complete stop at the gate
• When the aircraft’s engines are turned off.

This means that any time spent taxiing or waiting at the gate before the aircraft doors are opened can still form part of your overall flight delay.

Not Sure What Time Your Flight Arrived? Try Our Calculator

If you’re not exactly sure when you landed, just add your flight details to our free flight compensation calculator. We’ll be able to check your flight and let you know if you’re able to claim and how much compensation you may receive.

What Is The Legal Definition Of Arrival Time According To EU261?

The definition of arrival time for flight delay compensation claims under EU Regulation 261 has been considered by the courts, particularly when deciding whether a flight has reached the three-hour delay required for compensation.

The case of Germanwings v Henning helped provide clarity on exactly when a flight should be considered to have arrived. The court ruled that, for the purpose of calculating a flight delay, arrival time is when at least one of the aircraft doors is opened, allowing passengers to start leaving the plane.

This means it is not the time the aircraft lands or touches down on the runway that matters. Even if your flight has landed, the time spent taxiing or waiting for the doors to be opened can still count towards the length of your delay.

What Is The Case History Relating To The Definition Of Arrival Time For EU261?

In November 2009, the European Court of Justice confirmed in the case of Sturgeon vs Condor that passengers are entitled to compensation where they suffer a loss of time equal to or over three hours, that is, where they reach their final destination three hours or more after the originally scheduled arrival time by the air carrier.

In most cases, it will be clear whether a flight arrived more than three hours late. However, when a delay is close to the three-hour threshold, knowing exactly when the flight arrived can make the difference between whether you have a right to claim compensation.

This issue was considered in September 2014 in the case of Germanwings GmbH v Ronny Henning (C-452/13).

The Court of Justice of the European Union (CJEU) was asked to decide which point should be used as the arrival time:

a) the time that the aircraft lands on the runway (“touchdown”);
b) the time that the aircraft reaches its parking position and the parking brakes are engaged, or the chocks have been applied (“on-block time”);
c) the time that the aircraft door is opened;
d) some other time as agreed between the parties.

The Court noted that passengers are confined in the aircraft for the entirety of the flight, and this situation does not change when the flight touches down or when the aircraft reaches its parking position and applies the brakes.

It is only when the passengers are permitted to leave the aircraft, and the order is given to open the doors, that the passengers may, in principle, resume their normal activities without being subject to those constraints.

Accordingly, the Court ruled that ‘arrival delay’ corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

Anybody travelling by air will appreciate that there can often be a considerable period between the aircraft parking and the doors being opened.

When Can You Claim Compensation For Flight Delays?

You may be entitled to claim compensation if your flight arrives at your final destination more than three hours late and the delay was the airline’s fault.

Eligible flights must be covered by UK261 or EU261. This includes any flight departing from a UK or EU airport, as well as those arriving in the UK or EU when operated by a UK or EU airline.

Remember, when calculating the length of your delay, your arrival time is based on when at least one of the aircraft doors is opened, rather than when the plane lands.

How much compensation you can claim will depend on the length of your delay and the distance of your flight, with up to £520 available per passenger.

Compensation amounts are fixed, so they are not based on how much you paid for your ticket or the class you travelled in.

The time limit to start a flight compensation claim in the UK is 6 years from the date of your flight. In Scotland, the time limit is 5 years.