Airline passenger rights under EU261 and UK261 apply to all types of flight delays, including if your flight was diverted to another airport and you arrived at your original destination more than three hours later than originally scheduled.
Our guide below explains under what circumstances a diverted flight qualifies for compensation, how much compensation you could claim, and how to make a claim against the airline.
Alternatively, for an instant answer on your rights to claim, use our free flight compensation calculator. Simply enter your flight details to find out if your flight is eligible to claim and how much compensation you may be entitled to receive.
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When Can I Claim Compensation For A Diverted Flight?
You can claim compensation for a diverted flight if your flight is covered under UK261 or EU261, you arrive at your final destination more than 3 hours later than scheduled, and the diversion was not caused by an extraordinary circumstance.
What Flight Diversions Are Covered By EU261 or UK261?
You would be eligible for compensation for a diverted flight under EU261 or UK261 if it departed from a UK or EU airport or arrived in the EU with a European airline.
EU261/ UK261 covers the following flights:
- Any flight leaving a UK or EU airport
- Any UK or EU-based airline’s flight arriving at a UK or EU airport.
Unfortunately, you would not be covered if you were flying into a UK or EU airport on a non-UK or EU-based airline.
Diverted Flights Covered By EU261
| 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 |
| Airport outside UK/EU | Airport outside UK/EU | No |
How Long Does My Diverted Flight Need To Be Delayed To Claim Compensation?
You will be eligible to claim compensation if your flight diversion caused you to arrive at your original destination more than 3 hours later than originally scheduled.
When your flight is diverted to another airport, your airline is responsible for getting you to your original destination as soon as possible and at no additional cost to you.
In many cases, this will mean your airline will need to arrange another flight or book you on a flight with another airline for you to reach your original destination. Sometimes, alternative transport, such as a bus or train, is arranged if the destination is close.
If you reach your final destination more than 3 hours later than your original scheduled arrival time, you have a right to claim compensation under EU261 or UK261.
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How Much Compensation Can I Claim For A Diverted Flight?
The amount of compensation you can claim for a diverted flight will depend on the length of your delay and the flight distance. The maximum amount of compensation you can claim for a flight diversion under UK261 is £520 per passenger.
The actual amount you can claim is based on the length of your delay and the distance of your flight. You can claim for each passenger individually. If you were a family of four and were due £520 each, the total amount would be £2080. When claiming under EU261, compensation amounts are paid in euros.
The amount of compensation increases the longer you are delayed and the further the distance of your flight.
The compensation amounts are fixed and are not related to the price of your ticket or the class of the fare you booked. EU Regulation 261 and UK 261 are in place to protect airline passengers’ rights and compensate them for lost time and inconvenience.
Our table below shows the amount of compensation you may be able to claim depending on your circumstances.
Flight Diversion Compensation Amounts
| Flight Distance | Length Of Delay | Compensation Per Passenger |
|---|---|---|
| Up to 1,500 km | 3+ hours | £220 |
| 1,500 km – 3,500 km | 3+ hours | £350 |
| 3,500 km+ | 3 to 4 hours | £260 |
| 3,500 km+ | 4+ hours | £520 |
When Can I Get A Refund For A Diverted Flight?
You may be able to claim a refund from the airline if your flight diversion causes you to arrive at your final destination more than 5 hours late.
When Is A Flight Diversion The Airline’s Fault?
A flight diversion is considered to be the airline’s fault if it was caused by circumstances the airline could reasonably have expected and prevented. This usually includes operational issues or technical problems that are within the airline’s control.
However, under EU261, extraordinary circumstances are defined as an event caused by something unexpected and not easily anticipated by the airline. Such unexpected events are beyond the airline’s responsibility and, therefore, are not claimable.
Examples of when a flight diversion is not an extraordinary circumstance, and you would be eligible to receive compensation may include:
- A technical issue with the plane
- A preventable operational issue
- Pilot or crew illness or staffing issues
- Fuel issues
However, examples of an extraordinary circumstance causing a diversion may include:
- An on-board medical emergency
- A passenger falling ill in flight
- Adverse weather conditions
- Airport closures or air traffic control limitations
- Security concerns
In these cases, it is unlikely you will be able to claim compensation for your diversion.
Recent Successful Flight Compensation Claims
Bott and Co help couple receive £350 each in compensation after arriving on holiday to Corfu late.
We secured compensation for family of 3 who missed a day of their holiday due to flight cancellation.
Family receive £350 compensation each after Jet2 flight to Manchester from Antalya was delayed for 22.5 hours.
Family instruct Bott and Co after missing connecting flight to London due to BA departure delay at JFK Airport.
We helped family of 4 flying from Lithuania to London receive £350 each for flight cancellation.
Family of 4 returning from their holiday in Turkey arrive home 2 days late following flight cancellation.
Passengers receive £350 each after their flight to Tunisia was cancelled and rescheduled for 24 hours later.
Family going to Miami with American Airlines were rerouted to New York AND Dallas before arriving in California.
Family of 4's delay at Birmingham Airport led to missed connection in Dubai and new flight given 3 days later.
Which UK Airlines Can I Claim Compensation From For A Diverted Flight?
If eligible, you may be able to claim compensation for your diverted flight from any UK airline, as these airlines are responsible for the laws stated in EU regulation 261. This includes the most popular UK airlines, such as British Airways, easyJet, TUI, Jet2, Wizz Air, and Virgin Atlantic.
How Long Do I Have To Claim Compensation For A Diverted Flight?
You have up to 6 years from the date of the flight to start your compensation claim. In Scotland, it is 5 years.
Claims for flight delays can only go back 6 years because this is the statute of limitation for claims of this type in the UK. Claims for flight delays older than this can no longer be taken to court, and the airline is no longer legally liable.
However, once court proceedings are issued against an airline, this effectively ‘stops the clock’ on the 6-year limitation period, so it doesn’t matter how long the legal process takes after that point as long as you follow the timeframes set by the courts for each stage of the process.
Our success in the landmark ruling of Dawson v Thomson set a legal precedent for how far back a passenger can make a claim. The Supreme Court dismissed the airline’s appeal. It ruled in favour of Bott and Co and Mr Dawson, establishing the 6-year time period as legally binding.
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What Are My Passenger Rights For A Diverted Flight?
Airlines are legally obliged under EU261 to provide a level of care and assistance to passengers if your flight is diverted and you will be delayed reaching your final destination.
The airline should inform you of this while you are travelling and cover all these costs at the time of the delay.
Under Article 9 of EU Regulation 261, the airline is legally responsible for the following
The level of care depends on the length of your delay and how far you are travelling. Our table below shows when the airline becomes legally responsible.
Care and Assistance – Your Passenger 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 |
Can I Claim Compensation For A Diverted Flight Caused By A Medical Emergency?
Medical emergencies are among the most common reasons for flights to be diverted to a new airport. In most cases, medical emergencies are unexpected and would be classed as an extraordinary circumstance, meaning they would not be claimable.
Can I Claim Compensation For A Flight Diversion Due To Bad Weather?
It is unlikely that you can claim compensation if your flight was diverted due to bad weather, especially if the weather is extreme and unexpected.
Unexpected changes in weather are considered an “extraordinary circumstance” under EU Regulation 261 and are outside of the airline’s control. In this case, the airline is not considered at fault and, therefore, not responsible for paying compensation.
Claim By Airline
Can I Claim Compensation For A Flight That Is Diverted To Another Airport?
You may be able to claim if the diversion caused you to arrive at your original destination more than 3 hours late and the cause of the delay was the airline’s fault. Additionally, the airline is responsible for any additional costs you may have incurred while travelling.
Can I Claim Compensation For A Diverted Flight If I’m On A Package Holiday?
As long as the airline you are flying on is either a UK or EU-based airline or you are arriving at a UK or EU airport, you have the same rights to claim compensation if you are on a package holiday as if you just booked a flight.
Can I Claim Compensation For A Flight Diversion If I Accepted A Booking On A Different Airline?
As long as you arrived at your final destination more than 3 hours later than originally scheduled, your rights do not change if you accepted a booking on a flight on another airline or were put on another flight by the airline you had your original ticket with. Compensation can be claimed against the airline that operated your original flight.
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.