In the EU you are protected by EU Regulation EC261/2004.
Before Brexit the same was true also with the UK flights. Now, when the United Kingdom is not a member of the European Union anymore, there have been a few changes regarding air passenger rights. Things haven’t gotten any worse or much better, they are just slightly different, and now there are two laws. The UK Government has written Regulation 261 into UK law.
What are the differences between Regulation UK261 and EC261? What should you do when your flight falls under both of the regulations?
Read on to learn more.
Regulation UK261
The Regulation UK261 is the new passenger protection law in the UK.
It has been brought into force as of January 2021, and it protects everyone flying with UK airlines, and when travelling to and from the UK. Based on the EU Flight Compensation Regulation 261/2004, the new UK law defines what are the airline’s responsibilities when it comes to delays, cancellations and denied boarding, and gives guidelines regarding the amount of compensation.
EC261 vs UK261: What Are the Differences?
In short — there is not much of a difference.
This is because the Regulation UK261 is based on the EU Flight Compensation Regulation 261/2004. The only difference is that the compensation amounts are defined in pound sterling (£), and that there are two laws now. That’s why it’s important to pay attention also to the fact whether you are flying with a EU, UK or other airline.
All Scenarios When You Can and When You Can’t Get Flight Compensation
As you will see, sometimes you can refer to both laws, other times — only one.
That’s why you have to pay attention to the fact where is the airline you are flying with based. Take into account that if you have a connecting flight, your “real destination” is your final destination. You don’t have to look on your journey leg by leg, but as a whole trip. If you have a connecting flight from London to Dubai via Paris, Dubai is your destination. Even though it’s your London – Paris flight that’s heavily delayed or cancelled last minute.
Here are all the possible scenarios.
You’re flying with a UK airline:
Regulation UK261 | Regulation EC261/2004 | |
| EU – EU | ✓ | ✓ |
| EU – UK | ✓ | ✓ |
| EU – Third Country | ✓ | ✓ |
| UK – EU | ✓ | – |
| UK – UK | ✓ | – |
| UK – Third Country | ✓ | – |
| Third Country – EU | ✓ | – |
| Third Country – UK | ✓ | – |
You’re flying with a EU airline:
| Regulation UK261 | Regulation EC261/2004 | |
| EU – EU | – | ✓ |
| EU – UK | ✓ | ✓ |
| EU – Third Country | – | ✓ |
| UK – EU | ✓ | ✓ |
| UK – UK | ✓ | – |
| UK – Third Country | ✓ | – |
| Third Country – EU | – | ✓ |
| Third Country – UK | ✓ | – |
You’re flying with other airlines (non-EU, non-UK):
| Regulation UK261 | Regulation EC261/2004 | |
| EU – EU | – | ✓ |
| EU – UK | – | ✓ |
| EU – Third Country | – | ✓ |
| UK – EU | ✓ | – |
| UK – UK | ✓ | – |
| UK – Third Country | ✓ | – |
How Can You Claim Compensation?
The most important thing to remember — you must file a claim.
Because — if you do nothing, if you don’t request compensation, you get nothing. The same stands true also with refunds and baggage compensation. Here we have compiled a list of all different situation and how you can claim compensation in every one of them.
Check your compensation online.
Claiming the Flight Compensation Yourself
You can do it yourself, and you can also hand it over to professionals.
First of all, you must find out why was your flight delayed or cancelled.
Are you even eligible to compensation? If you think that you might be entitled to compensation, contact your airline. Go to the website of the airline and look for a claim form. If there’s no such form, contact them via email. It can take a couple of weeks (or months) before the airline replies. If the airline refuses to pay the compensation, find out what is the reason.
If you don’t agree with the airline, ask for an explanation.
If you believe the airline is lying or hiding something, and that you are entitled to compensation after all, contact the National Enforcement Body (NEB) whose role is to enforce the law and make sure the passengers are treated according to the EU / UK standards.
If your flight falls under the UK law, contact the Civil Aviation Authority (CAA).
Which Regulation to Refer To?
There are times when you can refer to both regulations.
You can see all the situations in the table above.
And here’s where it becomes important.
If you are claiming the compensation yourself, and the airline is not cooperating, you can take your claim to the National Enforcement Body (NEB). In the case when you can refer to both UK and EU regulations, you can choose between two government institutions — UK and EU.
For instance, your flight is with Air France from a city in the EU to a city in the UK. You can refer to both regulations when filing a claim — to Regulation UK261 and the EU Regulation EC261/2004. In this case you can contact either the French NEB (Direction générale de l’aviation civile, DGAC) or the UK Civil Aviation Authority, CAA.
If you believe that it will be easier for you to work with the CAA, do so! Or if one of the options seems to be taking way too long, in a situation like this you can submit the complaint also to the other institution. You have this second option, and that’s what has changed after Brexit.
Read more: What Has Changed After Brexit for Travellers?
Featured photo by Andrea Piacquadio from Pexels