Flight Delay Compensation

Overview

If your flight was delayed or cancelled, you may be entitled to compensation of up to £520 (600 EUR) under retained EU Regulation EC 261/2004, which continues to apply in UK law. This applies regardless of how much you paid for your ticket.

Key Legislation

Retained EU Regulation EC 261/2004 (now part of UK domestic law via the European Union (Withdrawal) Act 2018) - The primary regulation governing flight delay compensation

The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 - Transposed EC 261 into UK law with amendments for UK-specific application

Montreal Convention 1999 - Covers additional expenses and consequential losses for international flights

When Does EC 261 Apply?

The regulation applies to:

Flights departing from a UK airport (any airline)

Flights arriving at a UK airport on a UK or EU carrier

The airline must have been within its control (not extraordinary circumstances)

Qualifying Delays and Cancellations

Delay of 3+ hours at arrival at your final destination

Cancellation where you were not given at least 14 days' notice

Denied boarding due to overbooking (involuntary)

Compensation Amounts

Short-haul flights (up to 1,500 km): £220 (250 EUR)

Medium-haul flights (1,500 - 3,500 km): £350 (400 EUR)

Long-haul flights (over 3,500 km): £520 (600 EUR)

These amounts may be reduced by 50% if you were offered re-routing that arrived within certain time limits of your original arrival time.

The "Extraordinary Circumstances" Defence

Airlines do not have to pay if the disruption was caused by extraordinary circumstances beyond their control. These include:

Severe weather (but not all bad weather qualifies)

Air traffic control restrictions

Political instability or security risks

Bird strikes (generally accepted as extraordinary)

These are NOT extraordinary circumstances:

Technical faults (the airline is expected to maintain its fleet - Wallentin-Hermann v Alitalia, C-549/07)

Staff shortages or strikes by the airline's own staff (recent UK court rulings have confirmed this)

Operational scheduling issues

IT system failures

Step-by-Step: How to Claim

Step 1: Confirm Your Eligibility

Check the departure/arrival airports and airline

Confirm the delay was 3+ hours at final destination (not departure)

Verify the flight was within the last 6 years (limitation period under the Limitation Act 1980, Section 9)

Step 2: Gather Evidence

Booking confirmation and boarding passes

Evidence of delay (screenshots of flight tracking, airline communications)

Receipts for any expenses incurred (meals, accommodation, transport)

Step 3: Write to the Airline

Send a formal claim letter including:

Flight details (number, date, route)

Length of delay at arrival

The applicable compensation amount under EC 261, Article 7

A deadline of 14 days to respond

Step 4: Escalate if Rejected or Ignored

For airlines based in the UK: refer to the airline's ADR scheme (such as CEDR or AviationADR) or the Civil Aviation Authority (CAA) if the airline is not part of an ADR scheme

For other airlines: consider the European Consumer Centre for EU carriers, or proceed directly to court

Step 5: Small Claims Court

If the airline refuses and ADR does not resolve the matter, issue a claim via Money Claims Online. Flight delay claims are straightforward and well-established in the courts.

Additional Rights

Right to Care (Article 9): For delays of 2+ hours (short-haul), 3+ hours (medium-haul), or 4+ hours (long-haul), the airline must provide meals, refreshments, and communications. For overnight delays, hotel accommodation and transfers.

Right to Re-routing or Refund (Article 8): For cancellations, you can choose between a full refund within 7 days, re-routing at the earliest opportunity, or re-routing at a later date.

Connecting flights: If you missed a connection due to a delay on the first leg, compensation is based on the delay at your final destination.

Key Points

Package holiday flights are covered - Claim against the airline directly

Charter flights are covered under EC 261

You can claim for children's tickets at the same rate

No win, no fee claims companies typically take 25-35% - you can do it yourself for free

The 6-year limitation period applies from the date of the flight (Limitation Act 1980)

EvenStance Can Help

EvenStance can verify your flight eligibility, calculate your compensation amount, generate a fully compliant claim letter to the airline, and guide you through ADR or small claims court if the airline does not pay.