Regulation UK261 Explained

In the EU you are protected by EU Regulation 261/2004.

To put it simply, if there are problems with your flight often you can get compensation. Before Brexit the same was true also with UK flights. Now the UK Government has written Regulation 261 into UK law (we will refer to it as Regulation UK261). What it means for you is that now there are two laws, and you have to know which one to refer to when making a claim against the airline.

One thing, however, hasn’t changed — you are still protected against delays, cancellations and other mishaps while travelling by plane.

1. Regulation UK261: Basics

What has changed after Brexit?

When the United Kingdom left the European Union at the end of January 2020 many travellers feared that it will make them less protected in case of flight delays, cancellations and overbookings. And especially, when travelling from and to the UK and with UK airlines. But the truth is, nothing much has changed.

Situations when you’re protected (no change):

1. your flight is delayed for 3+ hours,
2. your flight is cancelled less than 14 days before the date of departure,
3. you’ve missed a connecting flight due to delay or cancellation,
4. you’re denied boarding due to overbooking.

Conditions (no change): it must be due to your airline’s fault. It includes technical problems with airplane and airline staff strikes. You can’t get compensation when the reason behind the delay, cancellation or any other problem is considered extraordinary circumstances.

The only real change is that now there are two regulations.

But that means that now — when you experience delays or cancellations — you also have to pay attention whether it’s a UK flight or not, and if it’s a UK airline or not. So you know which law to refer to when filing a claim against the airline.

Here we have listed all the possible scenarios.

1.1 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	✓	–

1.2 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	✓	–

1.3 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	✓	–

See everything that has changed here.

Here are all the possible scenarios (with examples):

• You are flying with a EU airline
• You are flying with a UK airline
• You are flying with a non-EU, non-UK airline

2. How to Claim Compensation for Flight Delays, Cancellations, Etc.?

There are two ways you can do this.

The first is to contact your airline directly. Contact them via their website or social media channels and request the compensation. When possible use special online compensation forms. This way it will take you less time than when using a general contact form. Be prepared that most likely it will take at least a couple of months until you get the money.

You can also take a much easier path — legal representation.

In this case everything is handled by air passenger rights professionals. You just fill in a single form, compensation claim form, and wait for the money. The rest of the things related to your UK flight compensation claim, including the preparation of legal documents when it’s necessary, is done on your behalf. Our partners offer such services (you can find all the links on this page).

When choosing this option, here is all you will have to do:

And that’s it — the rest is handled by professionals.

* Your boarding pass and passport or ID copy.

Read more: Why Seek Legal Representation to Claim UK Flight Compensation?

3. How Much Can You Claim?

In the UK flight compensation amounts are fixed.

They are the same for all passengers, including infants with no seat occupancy, and range from £220 to £520 per passenger. The longer the flight, the more you can claim.

When your destination is within the UK / EU:

When your destination is outside the UK / EU:

There is one exception. If the distance of your flight is greater than 3,500 kilometres, and you reach your destination with a delay between 3 to 4 hours, you will be receiving £260 not £520 (50% of the compensation). If the delay is longer than 4 hours, you will get full compensation of £520.

You don’t have to accept flight vouchers or coupons.

Read more: How Much Compensation Can You Claim?

4. Right to Care

If you have to wait, you have a right to care.

According to the Regulation UK261, you can get:

• free meals and drinks in a reasonable relation to the waiting time,
• free hotel accommodation if a stay of one or more nights is necessary,
• two free phone calls, e-mails or faxes.

For this it doesn’t matter what is the reason of the delay or cancellation. If you have to wait more than planned, and a minimum of 3-4 hours, you have a right to this. If none of that is offered, you can also purchase a meal yourself and request a refund later, only don’t forget to keep all the receipts.

5. Refund for Cancellation

If your UK or EU flight is cancelled, your airline should give you a choice between a new flight and a full refund. You have a right to choose whichever option works best for you. If it’s a last-minute flight cancellation, and your flight is cancelled not more than 14 days before the date of departure, you may also be entitled to flight cancellation compensation.

Sometimes you can get both compensation and refund.

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?

If you still have questions about the new law, Regulation UK261, ask in the comments.

Featured photo by Austin Zhang from Pexels