Can You Claim Compensation For a Delayed or Cancelled Flight?

Experiencing a flight delay or cancellation can be incredibly frustrating, especially when it disrupts your travel plans. However, passengers flying within or from the European Union, as well as those flying into the EU with an EU-based carrier, have specific rights under the UK261 Regulation. This regulation outlines when passengers are entitled to compensation and the process for claiming it, ensuring that travellers are not left stranded due to airline issues. Here’s what you need to know about claiming compensation under this UK regulation.

Understanding the UK261 Regulation

The UK261 Regulation is designed to uphold passenger rights for flights to/from the UK and flights by UK carriers to/from the EU/EEA. It sets forth the rules regarding compensation and assistance to passengers in the event of denied boarding, flight cancellations, or significant delays. The regulation applies:

  • to passengers departing from a UK airport; and
  • to passengers departing from an airport located in a country other than the UK to an airport situated in:

§  the UK if the operating air carrier of the flight concerned is either an EU/EEA carrier or a UK air carrier; or

§  the EU/EEA if the operating air carrier of the flight concerned is a UK air carrier.

Criteria for Compensation

Flight Delays:

For flight delays, the circumstances under which compensation is applicable depend on the delay’s duration and the flight distance:

  • 3 hours or more for flights 1,500 km or less
  • 3 hours or more for intra-EU flights over 1,500 km
  • 3 to 4 hours for non-EU flights between 1,500 and 3,500 km
  • 4 hours or more for flights over 3,500 km

If your flight is delayed for these durations, you are eligible for compensation unless the delay is caused by extraordinary circumstances, such as severe weather or a security risk, which could not have been avoided even if all reasonable measures were taken.

Flight Cancellations:

For cancellations, compensation depends on several factors:

  • Notification period less than 14 days before departure.
  • The timing of the alternative flight provided.
  • The reason for cancellation is within the airline’s control.

Compensation Amounts

The compensation varies by the distance of the scheduled flight and the duration of the delay in reaching the final destination:

  • £220 for all flights 1,500 kilometres or less
  • £350 for all flights between 1,500 and 3,500 kilometres
  • £520 for all flights more than 3,500 kilometres

How to Claim Compensation

Step 1: Collect all relevant documents such as your ticket, boarding pass, and information provided by the airline regarding the delay or cancellation. Document the situation as thoroughly as possible.

Step 2: Contact the airline to submit a formal claim. Provide all necessary documentation and a clear statement of your request for compensation based on the UK261 Legislation.

Step 3: If the airline does not respond or if they reject your claim and you believe it is unjustified, you can escalate your claim. Each EU member state has a national body tasked with enforcing air passenger rights. You can contact this body in the country where the incident occurred or in your departure country.

Conclusion

Flight delays and cancellations are an unfortunate part of air travel, but the UK261 Regulation provides a clear framework for compensation, ensuring that passengers are not burdened by these disruptions. Understanding and utilising this regulation can significantly reduce the impact of travel disruptions, providing financial compensation and additional support when needed.

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