Are you flying with a UK airline?
Which laws protect you when you fly with an airline registered in the UK?
When you choose to fly with a UK airline, it’s important to understand the laws that protect you as a passenger. In this article, we will delve into the flight compensation laws that come into play when you fly with airlines registered in the UK, such as British Airways, easyJet, FlyBe, Jet2.com, or Virgin Atlantic. Depending on the circumstances, one or both of the regulations, EU Regulation 261/2004 and Regulation UK261, may be applicable. We will explore various scenarios and explain which regulation applies in each case.
Regulation UK261: An Overview
Let’s talk about UK flight compensation laws.
Following Brexit, the UK government has implemented its own set of regulations governing air passenger rights, known as the Regulation UK261.
This regulation closely mirrors the EU Flight Compensation Regulation 261/2004, providing equivalent protections. The key distinction lies in the currency of compensation, which is converted into pounds under UK261. If your flight falls within the scope of UK261, it is likely that any compensation you receive will be paid in pounds rather than euros.
Additionally, it is important to consider the specific airline you are flying with (whether UK, EU, or other) as this may determine which regulation applies – the UK261 or the EU Flight Compensation Regulation 261/2004. Understanding the appropriate law to reference when filing a claim is crucial for a successful resolution.
Situations which the Regulation UK261/EU261 covers:
- Flight delays of 3+ hours or longer
- Flights cancelled 14 days or less before the date of departure
- Boarding denials resulting from overbooking
It is important to note that the flight disruption must be attributable to the airline in order for these conditions to apply.
If the airline is at fault for a flight disruption, you may be eligible to claim compensation under either UK261 or Regulation EU 261/2004.
How much is compensation for delayed flights, cancelled flight or flight overbooking?
The you can claim for your flight depends on the distance traveled:
- For flights that are 1,500 km or less (1-2 hour-long flights), the compensation is GBP 220.
- For flights between 1,500 km and 3,500 km — GBP 350.
- For flights exceeding 3,500 km — GBP 520.
In essence, the compensation amount increases as the distance of the flight increases.
Read more: Regulation EC261 vs UK261
You Are Flying With a UK Airline: Which Laws Protect You as a Passenger?
When you’re traveling with a UK airline, like British Airways, easyJet, FlyBe, Jet2.com, or Virgin Atlantic, it’s important to understand the laws that protect you. Depending on your specific situation, there may be different scenarios to consider. In the case of a connecting flight, your final destination should be treated as your actual destination.
Familiarising yourself with these laws will ensure you have a smooth and protected journey.
Flying With a UK Airline: All Scenarios
Here are all the scenarios when you are protected:
- EU – EU (UK261 & EU261)
- EU – UK (UK261 & EU261)
- EU – Third country (UK261 & EU261)
- UK – EU (only UK261)
- UK – UK (only UK261)
- UK – Third country (only UK261)
- Third country – EU (only UK261)
- Third country – UK (only UK261)
The same applies to UK charter airlines.
How does it work in the real life?
Below are some real-life examples.
Read more: Who regulates UK airlines?
1. British Airways Flight From London to Berlin
You have a British Airways flight from London Heathrow (LHR) to Berlin (BER).
It’s a flight from the United Kingdom to a city in the European Union. The airline operating this flight is a British airline (British Airways).
If this flight is delayed, cancelled or overbooked due to the airline’s fault, you might be entitled to flight compensation from British Airways. When making a compensation claim, refer to Regulation UK261. It is the only flight compensation regulation that applies to this flight.
EU Regulation 261/2004 doesn’t apply to this flight.
2. Easyjet Flight From Berlin to Hurghada
You have an easyJet flight from Berlin Brandenburg (BER) to Hurghada (HRG).
This flight departs from a city in the EU and arrives in a country that is not part of the EU or UK. Because you are flying with a UK airline (easyJet), UK261 applies to all of its flights, including those leaving the EU and arriving outside the EU.
Moreover, this flight is also covered by EU Regulation 261/2004, which is a flight compensation regulation in the EU. This coverage applies because the flight departs from a country within the European Union. Flights departing from the EU fall under EU Regulation 261/2004, regardless of the registration of the operating airline.
If your BER-HRG flight experiences delays, cancellations, or overbooking due to the airline’s fault, you may be eligible for flight compensation from easyJet. When submitting a claim, you can refer to both Regulation UK261 and EU Regulation 261/2004, as both laws protect this particular flight.
In summary, you can refer to both regulations in this situation.
3. Virgin Atlantic Flight From New York to Manchester
You have a Virgin Atlantic flight from New York (JFK) to Manchester (MAN).
This flight is operated by Virgin Atlantic, a UK airline. Although it departs from a country outside the UK or the EU, it is still covered by Regulation UK261.
In the event of a delay, cancellation, or overbooking, you may be eligible for Virgin Atlantic flight compensation under Regulation UK261. You can refer to Regulation UK261 and make a claim on your own or seek assistance from a flight compensation company. We provide such services.
It’s important to note that if your Virgin Atlantic flight had landed in the EU instead of the UK, you would still be protected under Regulation UK261, as all UK airline flights are covered. However, it’s crucial to remember that only Regulation UK261 applies in this case, not the EU flight compensation regulation.
The EU Flight Compensation Regulation 261/2004 does not apply to this specific flight.
4. Jet2 flight From Leeds Bradford to Dalaman
You have a Jet2 flight from Leeds Bradford (LBA) to Dalaman (DLM), Turkey.
You are flying with a UK airline – Jet2. The flight takes off from the United Kingdom.
Although it lands in a country outside the UK or the EU, as a passenger, you are still protected by Regulation UK261. This law ensures that all UK airline flights are covered and provides you with certain rights in case of delays, cancellations, or overbookings.
If your flight is affected, you may be eligible for flight compensation from Jet2 under Regulation UK261. Please refer to the Regulation UK261 for more details and instructions on how to make a claim.
Note that EU Regulation 261/2004 does not apply to this specific flight.
Read more:
- How to Get a Refund From British Airways?
- How to Get a Refund From easyJet?
- How To Get a Refund From Wizz Air UK?
- How to Get a Refund From Jet2?
- How to Get a Refund From Loganair?
- How to Get a Refund From BA EuroFlyer?
- How to Get a Refund From Eastern Airways?
Are you flying with a UK airline? Do you have more questions about the Regulation UK261 and your rights as a passenger? Ask in the comments.
Featured photo by Jack Edwards from Pexels