UK Flight Delay Compensation

UK flight delay compensation.

Are you eligible to it? How much can you claim? What are the rules?

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 delays and cancellations. But the truth is, nothing much has changed. If before you were protected by the EU law, now you are protected by UK law. In many situations you can still claim compensation for flight delay.

It applies to flights with UK, EU and also other airlines.

1. UK Flight Delay Compensation

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

Before Brexit the same was true also with the UK flights. Now the UK Government has written Regulation 261 into UK law, and on this site we will refer to it as Regulation UK261. There has been little change, and the rules are still very simple.

Delay must be at least 3 hours long, and it must be the airline’s fault.

For example, technical problems are airline’s fault.

If you’re flying to or from the United Kingdom, your flight is delayed for more than 3 hours, and it’s the airline’s fault — you may be entitled to compensation up to GBP 520.

• If it’s a UK airline, it applies to all flights to and from the UK and EU.
• If it’s a EU airline, it applies only to flights to and from the UK. On the rest of the flights you’re protected by the EU regulation EC261/2004.
• If it’s a non-UK, non-EU airline, it applies to all flights departing from the UK. If your flight departs from the EU, you’re protected by the EU regulation EC261/2004. In the rest of the situations you aren’t protected by neither of the laws. 

As long as the following conditions are met:

• Your flight is delayed for three hours or more;
• Flight is delayed due to the fault of the airline.

You don’t have to be a citizen of the UK to be entitled to UK flight delay compensation. Because these rules apply also to tourists travelling in the UK.

By Europe and EU here on this website, we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.

1.1 Scenarios When You Can Get Flight Delay Compensation (UK Law / EU Law)

Here are all the possible scenarios.

In some cases you can refer to any of the two laws when making a compensation claim against the airline, in others — only to one. Take into account that if it’s a connecting flight, your final destination is your “real destination”.

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	✓	–

1.2 Extraordinary Circumstances

In certain cases, however, you won’t be entitled to compensation. 

For example, if your flight is delayed due to extreme weather conditions, security risk or planned airport staff strike, then you can’t get UK flight delay compensation. These situations are considered something out of the airline’s control, and are exempt from the compensation law.

However, if your flight is delayed or cancelled because of that, the airline should still handle this. And while you are not entitled to compensation, you may have a right to care.

Learn more on this below. 

1.3 How to Calculate the Delay Time?

How to find out if your delay was 3+ hours long?

What matters is the time of arrival to your final destination.

Not the time of departure, not how many hours later did your plane depart. But the actual time of arrival to your destination, and more exactly, the time when the doors of the airplane are opened. This is your real time of arrival. If it’s 3 or more hours after the original arrival time, then it’s highly likely that you will be entitled to flight compensation. The rules are the same as with EU flight delay compensation.

The same stands true with connecting flights. If you have arrived at your final destination* 3 or more hours later than planned (see original arrival time), you may be entitled to compensation. It doesn’t matter if your connecting flight has departed only 2 hours later than planned. All that matters is the actual time of arrival at your final destination.

* If it’s a connecting flight, your final destination is your real destination. Example — London-Doha-Phuket. Your destination is Phuket.

1.4 Right to Care

If you have to wait at the airport, you have a right to care.

In case of flight delay of three or more hours, you are not only entitled to a compensation but also have the right to receive care from the airline, as long as the waiting time at the airport is at least 3 hours. You are entitled to it even if your flight is delayed or cancelled due to extraordinary circumstances.

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.

2. How to Claim Flight Delay Compensation in the UK?

There are two ways to claim UK flight compensation.

One of the options is to contact the airline directly. Contact the customer support center via their website, and request the airline compensation for delay. Be prepared that it may take months. Be also prepared to negotiations and improper refusal. Make sure you have all the information about your flight, you know what exactly happened and how much later did you arrive to your destination. 

You can also take the easiest path — legal representation.

In this case everything is handled by air passenger rights professionals. Everything related to your flight delay compensation claim is done on your behalf. All you mostly have to do is to fill in a single form — compensation claim form. Our partners offer such services.

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?

2.1 How Long Does It Take?

In most cases, the whole process takes at least a couple of months.

It mostly takes more if you do it on your own, and you don’t have any experience with it. It’s 2 to 3 months from the moment you submit delayed flight claim until your UK flight delay compensation arrives in your bank account. Every time there’s a need to take a case to national enforcement body or court, it adds at least a couple of months, sometimes 6+ months to the whole process. 

That’s one of the reasons why so many choose to work with flight compensation companies instead of doing everything themselves — because it may take a lot of time, and also paperwork.

2.2 Why Work With a Flight Compensation Company?

Because it makes things a lot easier.

Here is how:

1. It saves your time. In most situations all you have to do is to submit your information once and wait for the money. One form, and that’s it from you.
2. It saves your money. Let’s assume that at some point you decide to search for legal advice regarding your claim against the airline. In this case you will have to cover all the expanses yourself. How much does it cost? It depends from case to case. But with most flight compensation these fees are fixed, and you only pay in case of success. 
3. It’s zero risk for you. Most of flight compensation companies work under ‘no win, no fee’ agreement. If you don’t get compensation, you pay nothing.

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

3. How Much Can You Claim?

UK flight delay compensation amounts are fixed.

Just like it is with European flight delay compensation, UK compensation amount is based on the distance of your flight and occasionally some other factors. However, it isn’t affected by the price of the plane ticket or airline you are flying with.

So your easyJet flight delay compensation is going to be the same as someone’s British Airways flight delay compensation. Assuming that you’re flying on the same route, your flights are delayed for the same length of time and because of the same reason. All thanks to the Regulation and the UK flight delay compensation rules.

So, how much can you 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.

Read more: How Much Compensation Can You Claim for Flight Delay in the UK?

3.1 Airline Voucher Refund or Cash?

You might be offered a voucher instead of compensation.

Many accept a voucher, especially if they want to get over with it as quickly as possible. However, you don’t have to accept that. Because in the UK, same like in the EU, airline compensations and refunds have to be paid in cash or by bank transfer. Always. That includes delayed flight compensation.

UK Flight Delay Compensation: FAQ

UK – Third Country Flights, Tourists

Other Situations

Do you still have questions about UK flight delay compensation? Ask in the comments.

Featured photo by Pixabay from Pexels