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.
You will be able to make a claim under the UK version of the law if your flight:
The EU Version of EU 261 may apply if you’re travelling in Europe. You can claim compensation if your flight:
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.
Flights Covered By EU Reg 261/2004
Departing From | Arriving To | Can I Claim? |
---|---|---|
Airport inside UK/ EU | Airport inside UK/EU |
Yes (Claimable for any airline) |
Airport inside UK/ EU | Airport outside UK/EU |
Yes (Claimable for any airline) |
Airport outside UK/EU | Airport inside UK/EU |
Yes (If on an EU based airline) |
Airport outside UK/EU | Airport outside UK/EU |
No |
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:
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.
Flights Covered By EU Reg 261/2004
Departing From | Arriving To | Can I Claim? |
---|---|---|
Airport inside UK/ EU | Airport inside UK/EU |
Yes (Claimable for any airline) |
Airport inside UK/ EU | Airport outside UK/EU |
Yes (Claimable for any airline) |
Airport outside UK/EU | Airport inside UK/EU |
Yes (If on an EU based airline) |
Airport outside UK/EU | Airport outside UK/EU |
No |
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.
Why Choose Bott and Co?
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A History Of Success
We have claimed over £77m in flight delay compensation from the airlines.
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Expert Legal Advice
Recognised not just within our industry but also by Martin Lewis as “pioneers” in our field.
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On Your Side
Completely independent, our only focus is helping you claim for what you are legally entitled to.
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Fully Regulated
We are members of the Solicitors Regulation Authority. Your claim is in safe hands.
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;
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:
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’.
Care and Assistance – Your Rights When Your Flight Is Delayed
Flight Distance | Length of Delay |
---|---|
Up to 1,500km |
After 2 hours |
1,500km-3,500km |
After 3 hours |
Over 1,500km and between two EU States |
After 3 hour |
Over 3,500km |
After 4 hours |
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.
UK Regulation 261 Compensation Amounts in UK Pounds
Flight Distance | Less than 3 hours | 3 hours or more | More than 4 hours | Never arrived |
---|---|---|---|---|
All flights 1,500km or less |
£0 |
£220 |
£220 |
£220 |
Internal EU flights over 1,500km |
£0 |
£350 |
£350 |
£350 |
Non-internal EU flights between 1,500km and 3,500km |
£0 |
£350 |
£350 |
£350 |
Internal EU flights over 3,500km |
£0 |
£260 |
£520 |
£520 |
If you are claiming compensation for flights outside of the UK, the compensation amounts will be paid in Euros.
EU Regulation 261 Compensation Amounts in Euros
Flight Distance | Less than 3 hours | 3 hours or more | More than 4 hours | Never arrived |
---|---|---|---|---|
All flights 1,500km or less |
£0 |
€250 |
€250 |
€250 |
Internal EU flights over 1,500km |
£0 |
€400 |
€400 |
€400 |
Non-internal EU flights between 1,500km and 3,500km |
£0 |
€400 |
€400 |
€400 |
Non Internal EU flights over 3,500km |
£0 |
€300 |
€600 |
€600 |
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.
Flight Cancellation Compensation Amounts In UK Pounds (No replacement flight offered)
Flight Distance | Compensation Amount |
---|---|
Up to 1,500km |
£220 |
1,500km to 3,500km |
£350 |
1,500km to 3,500km |
£520 |
If you are claiming compensation for flights outside of the UK, the compensation amounts will be paid in Euros.
Flight Cancellation Compensation Amounts In Euros (No replacement flight offered)
Flight Distance | Compensation Amount |
---|---|
Up to 1,500km |
€250 |
1,500km to 3,500km |
€400 |
Over 1,500km and between two EU States |
€400 |
Over 3,500km |
€600 |
See our flight cancellation compensation page for more information on your right to compensation in the event of a cancellation.
Looking Out For Your Best Interests
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No Win No Fee
Our No Win No Fee promise means you are at no financial risk if you decide to make a claim
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Claim Stress Free
Claiming is as simple as adding your flight details and we'll do the rest for you.
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Get Your Compensation Quicker
Many of our flight compensation claims are settled in 30 days
How Do I Claim Flight Compensation Under EU261/2004?
If you want to claim flight compensation, the first thing to do is to check whether the cause of your delay/cancellation is claimable.
Regulation 261/2004 states that airlines do not have to pay compensation for delays caused by ‘extraordinary circumstances’, which may include events such as industrial strike action, extreme weather conditions and terrorism or sabotage.
If you wish to claim directly with the airline, your next step will be to write to them. Set out exactly what happened with your flight, why you believe you are entitled to compensation, and the amount you wish to claim as per your rights under Regulation EU 261/2004. We’ve got a handy template letter that you can download and use to send to the airline if you need help in doing this.
There is no set timeframe in which the airline must respond to you, but, in our experience, you should usually receive a response within 30 days, even if it is simply to say they are looking into the matter for you. If you don’t receive a response, then you may wish to complain to the Civil Aviation Authority. More information on the complaints procedure can be found on the Civil Aviation Authority’s website.
If you find that you are still getting nowhere, even after consulting the CAA, your only remaining option is to issue Court Proceedings.
Issuing Court proceedings can often be a complicated and lengthy process. We would recommend that you seek legal advice before doing so, and, for many people, this would be the stage where they decide to get a solicitor to take over their claim.
Bott and Co can handle flight compensation claims on your behalf from start to finish on a no-win no-fee basis. However, we can also take over your case if you feel you have reached a dead-end when dealing with the airlines directly.
This service is extremely helpful for claimants who might not have the time to conduct the claim on their own, or perhaps want the expert input of a lawyer who specialises in compensation due under Regulation 261/2004.
If you would like to instruct Bott and Co to handle your claim, all you need to do is complete a claim online. We will then assess your prospects of successfully claiming and take your case on if we think it is valid.

Coby Benson
A member of The Law Society, Coby helped establish the flight delay compensation sector in the UK.
His work has been recognised throughout the industry, winning numerous awards, including The Manchester Law Society Associate of the Year. Coby has been a key speaker on Flight Compensation, appearing on Sky News, BBC Radio and national newspapers as a flight delay expert.
How Much Does Bott and Co Charge To Handle My Claim?
Our pricing is displayed as a flat fee, so you can see from the outset how much will be deducted from your compensation to cover our costs, if your claim is successful.
If your case requires us to issue court proceedings on your behalf, there will be an increase in administrative fees to cover some of the extra work involved in doing this. All relevant costs associated with your claim are clearly stated in your T&Cs.
If we can’t recover your compensation, you pay nothing, meaning no financial risk to you whatsoever, even if your case goes to court.
Find out more about our fees.
Our Flight Delay Compensation Services At A Glance
Services | Bott and Co | You |
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Claim assessed for legal validity under EC Regulation 261/2004 |
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Actual flight times provided |
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Claim letter to submit to airline |
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Meteorological conditions checked |
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Free advice by telephone and internet |
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Claim cross referenced against database of previous successful claims |
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Formal legal letter sent to airline |
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Drafting of court proceedings included |
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Representation at court included |
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No need for client to attend court |
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Court fees paid on your behalf (Average £150) |
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Fee paid for an expert report to combat ‘technical defect’ arguments (Up to £750) |
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Fee paid for an expert report to combat ‘weather’ arguments |
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No financial risk – no win, no fee |
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*Based on 10,211 court proceedings issued between May 2013 and February 2016.