EU Regulation 261 – How To Claim Compensation For Flight Delays Or Cancellations

What is EU Regulation 261/2004?

The European Commission established EU Regulation 261/2004 on February 11th 2004, with it becoming binding law in each EU Member State on February 17th 2005.

The purpose of the regulation is to protect passengers against the inconvenience caused by long flight delays or cancellations. Passengers are only entitled to claim under the law if the delay or cancellation was within the airline’s control.

EU Reg 261 requires airlines to compensate passengers when flight delays or cancellations result in passengers reaching their final destination more than three hours later than originally scheduled.

Passengers are only entitled to claim compensation if the delay or cancellation was within the airline’s control. To avoid paying compensation, the airline must prove that the delay was caused by an ‘extraordinary circumstance’ and it took all reasonable steps to prevent the delay.

EU Regulation 261 Is Now Part Of UK Law

The UK Government wrote EU Regulation 261 into UK law at the end of the Brexit transition period in December 2020. The name of the new law is Regulation (EC) No 261/2004 (as amended by The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019).”

UK passengers enjoy the same rights as before. Except now, depending on where they are flying, they are protected by either the UK law or the existing EU version.

When Does EU Regulation 261/2004 Apply?

Created by the European Commission (EC), EU Regulation 261/2004  or as it’s more commonly known as EU Reg 261 applies to the UK and countries in the European Union (EU).

All countries that are part of the EU around bound by the rules and there is no option to opt out.

Some European countries that are not part of the European Union, such as Switzerland and Norway, have opted in to EU Regulation 261 as a benefit to their citizens and travellers in and out of the their airports.

Anybody (regardless of age or nationality) may be able to claim compensation under EU Regulation 261 in the following circumstances.

• The flight departed within the last six years.
• The flight was delayed for more than three hours.
• The delay was not an “extraordinary circumstance.”

You will be able to make a claim under the UK version of the law if your flight:

• Departed from the UK
• Arrived in the UK with a UK or EU airline
• Arrived in the EU with a UK airline

The EU Version of EU 261 may apply if you’re travelling in Europe. You can claim compensation if your flight:

• Departed from the EU and arrived in the UK
• Departed from the UK and arrived in the EU with an EU airline.

This means that some flights will be covered by both UK 261/2004 and EU 261/2004. In these cases, UK passengers should bring their claim to the UK court.

Additionally, Non-EU citizens, including British citizens, can claim compensation for delayed flights in Europe that do not depart or arrive in the UK. You can claim if your flight:

• Departed from the EU and arrived in the EU
• Departed from the EU with an EU airline.

In these instances, the claim would need to be presented to a European court.

What Flights Are Covered By EU Reg 261?

EU Regulation 261 applies to all UK or EU regulated flights. This means it covers all flights departing from a UK or EU airport regardless of the airline you are travelling on.

Additionally, if you’re flying on a UK or EU based airline, it covers all flights that arrive in the UK or EU irrespective of where they took off.

If you’re not sure if your flight meets these criteria or covered by EU regulation 261, you can use our free flight compensation claims checker that will automatically check your flight details and let you know if you can claim.

Just type in your flight date and time, and you will find out instantly if you have a valid flight delay claim.

What Are My Rights Under EU Regulation 261/2004?

These Regulations offer protection in a number of different ways. The exact rights you have will depend on a number of key factors, including what happened to your original flight, how long you were delayed and the distance of your flight.

In general, passengers’ rights under Regulation 261 fall into three main categories, each of which will be important to you at different points in your delay:

Your Right To Claim For Delays Or Cancellations Under EU261

This element of your passenger rights will probably become most relevant once you are back home.

EU Regulation 261/2004 entitles you to monetary compensation for delays over three hours or cancellations as long as it is not caused by what the Regulations call an ‘extraordinary circumstance’.

Your Rights To Reimbursement or Re-Routing

If a flight is cancelled before you are due to depart, irrespective of the reason, you have the right to choose between the two following options;

• You can choose to receive a full refund for your flight.
• You can agree to be re-routed on an alternative flight, either on the same airline or another airline.

These options are open to you even if the cancellation is not the fault of the airline.

Your Right To Care and Assistance

Article 9 of EU Reg 261 provides passengers with a level of “care and assistance” during the delay.

Passengers are eligible for “Care and Assistance” if your delay is at least 2 hours (for flights under 1,500km) or at least 3 hours (for flights between 1,500km and 3,500km) or at least 4 hours for flights over 3,500km, and regardless of the delay reason, the airline must provide you with:

• Food and drink in reasonable relation to waiting time
• Free hotel accommodation when a stay of one night or more is necessary
• Free transport between the airport and the hotel
• Two free telephone calls, emails, telex or fax messages

As part of their ‘care and assistance’ obligations, the airline should cover all these costs at the time of the delay, but we see cases where passengers have had to use their own money to buy food and drink or get taxis to and from the airports.

This right applies to delays, even if they are caused by what the regulation calls an ‘extraordinary circumstance’.

How Much Compensation Can I Claim Under EU Regulation 261/2004?

How much compensation you can claim for your flight delay will depend on whether you were delayed or if your flight was cancelled, how long it was delayed for, and how far you were flying.

If your flight is delayed or if you miss a connecting flight and arrive at your final destination more than three hours later than scheduled, then you are entitled to compensation for the amounts shown below.

For UK passengers travelling in and out of the UK, the compensation will be paid in UK Pounds.

If you are claiming compensation for flights outside of the UK, the compensation amounts will be paid in Euros.

Can I Claim For Flight Cancellations Under EU261?

If your flight was cancelled less than seven days before departure or if you were rerouted to your final destination then you are entitled to the claim compensation for the following amounts.

For UK passengers travelling in and out of the UK, the compensation will be paid in UK Pounds.