UK261 Compensation For Flight Delays And Cancellations

What Is UK261?

Following the end of the Brexit transition period, the UK Government incorporated Regulation EU261 into UK law so airline passengers could continue to be protected by the same rights that EU261 provided to them.

The UK version, commonly referred to as UK261, is based on the original EU Regulation and continues to provide passengers with exactly the same legal rights to compensation and assistance when eligible flights are delayed or cancelled.

The main difference is that flight compensation under UK261 is now paid in UK pounds rather than euros.

Although UK261 and EU261 provide the same passenger rights, they now operate as separate regulations. Which law protects you will depend on where your flight departed, where it was travelling to, and the airline operating the flight.

When Can You Claim Compensation Under UK261?

You may be able to claim compensation under UK261 if your flight was cancelled or delayed and you reached your final destination more than 3 hours later than originally scheduled.

Compensation under UK261 can also be claimed if you missed a connecting flight, or were denied boarding.

To claim compensation, the cause of the delay or cancellation must have been the airline’s responsibility and not the result of an extraordinary circumstance.

Our free flight compensation calculator will be able to tell you if your flight is eligible for compensation, and how much you may be able to claim. All you need to do is add your flight number and the date of your flight, and we will do the rest.

Which Flights Are Covered By UK261?

Compensation can be claimed under UK261 for any flight departing from a UK airport, regardless of which airline you are flying. It also covers flights arriving into the UK from outside the UK when operated by a UK or EU-based airline.

Combined with the protection that EU261 provides, you are covered under either EU261 or UK261 for the following flights.

How Much Compensation Can You Claim Under UK261?

You may be able to claim between £220 and £520 in compensation under UK261 for flight delays, cancellations, missed connections, or if you were denied boarding.

How much compensation you may receive for a flight delay will depend on the distance of your flight and how long you were delayed before reaching your final destination.

Compensation under UK261 is paid in UK Pounds, with fixed compensation amounts depending on the circumstances of your flight.

Our table below shows how much you may be able to claim depending on your circumstances.

What Is The Time Limit To Make A UK261 Compensation Claim?

For passengers in England, Wales, and Northern Ireland, you have 6 years from the date of your flight to start your flight compensation claim under UK261.

If your flight departed from a Scottish airport, the time limit to start your claim is 5 years.

Airlines have suggested in the past that you only have 2 years to claim. Bott and Co. successfully challenged this at the Supreme Court in 2014, representing passenger James Dawson vs. Thomson.

When Can You Claim Flight Delay Compensation Under UK261?

You may be able to claim flight delay compensation under UK261 if your flight arrived at your final destination more than three hours later than originally scheduled and the airline was responsible for your delay.

The length of your delay is determined not by how late you took off, but by the arrival time at your final destination.

Can You Claim Flight Cancellation Compensation Under UK261?

Yes, you may be able to claim compensation under UK261 if the airline is at fault and your flight was cancelled less than 14 days before you were scheduled to depart, and your replacement flight landed more than 3 hours later than your originally scheduled flight.

In addition, UK261 provides passengers with several rights when an airline cancels a flight. These include a choice between:

• Receiving a refund for your cancelled flight
• Being rerouted to your final destination at no additional cost

Compensation for cancelled flights can only be claimed if you decided to take a replacement flight. The amount of compensation you may be able to claim will depend on how many hours earlier you departed and how many hours later you arrived compared with your original flight.

Because cancellation compensation can be more complicated to calculate, you can read our complete guide to cancelled flight compensation or enter your flight details into our free flight compensation calculator. We can let you know if you have a right to claim and how much you may receive.

When Can You Claim For A Missed Connecting Flight Using UK261?

You can claim compensation under UK261 if you miss a connecting flight and arrive at your final destination more than 3 hours late, as long as the delay was the airline’s fault.

Your connecting flights must also have been booked together as part of the same reservation. If your flights were booked separately, they won’t be treated as a single journey under UK261, and you won’t be able to claim compensation.

What Happens If I Am Denied Boarding Under UK261?

If an airline involuntarily denies you boarding because your flight has been overbooked, you may have a right to compensation under UK261.

You must have had a confirmed reservation, arrived and checked in on time, and not voluntarily agreed to give up your seat.

In addition to compensation, you may have the right to choose between a refund, a return flight where appropriate or an alternative flight to your final destination.

What Are The Airlines’ Responsibilities To Passengers At Airports Under UK261?

UK261 legally requires airlines to provide a level of “care and assistance” to passengers who have been delayed beyond a certain number of hours.

Depending on the circumstances and length of the delay, the airline may need to provide:

• A reasonable level of food and drink in relation to the length of the delay
• Hotel accommodation when an overnight stay is necessary
• Transport between the airport and accommodation
• A means of communicating while you wait

The airline must provide care and assistance in all instances of a delay, regardless of what has caused it. This applies even if an extraordinary circumstance caused the delay.

What Are Extraordinary Circumstances Under UK261?

Under UK261, extraordinary circumstances are unexpected events that are genuinely outside of the airline’s control.

These can include things like unexpected bad weather, air traffic control restrictions, airport closures, security risks or other events that the airline could not reasonably have avoided.

However, not every unexpected problem is an extraordinary circumstance. Problems that form part of the normal operation of an airline may still be considered the airline’s responsibility.

If your flight is delayed or cancelled because of an extraordinary circumstance, you won’t usually be entitled to compensation. However, the airline must still provide care and assistance if your delay meets the relevant time requirements.

The definition of an extraordinary circumstance has been tested in court numerous times over the last twenty years. Our up-to-date list of what is classed as an extraordinary circumstance provides more information if your claim has been disputed.

Further Resources on UK261

Department For Transport: Air passenger travel guide: summary of passenger rights
UK Civil Aviation Authority

Meet Our Solicitors

Coby Benson

A member of The Law Society and a SRA Registered Solicitor, Coby has been instrumental in establishing flight delay compensation law in the UK, including playing a significant part in the landmark cases of Huzar v Jet2 and Dawson v Thomson at The Supreme Court.

Coby is regularly asked for comment in the national media, regularly featuring in The Daily Telegraph, The Times, The Guardian and The Independent as well as appearing on BBC Television, Sky News, ITV and BBC Radio 4 and Radio Five Live.

More About Coby