If you have to wait at the airport, you have a right to care.
If your flight is delayed, cancelled, or you have denied boarding, you have a right to free meal and sometimes also free hotel accommodation and transfer. Even though the UK has left the EU, you — as a traveller — still have the same rights like before. If you have to wait at the airport more than planned, your airline has to take care of you.
And it doesn’t matter if it’s your airline’s fault or not.
It applies to flights with UK, EU and also other airlines.
1. Regulation UK261: Right to Care
Before Brexit, we were protected by the EU law.
But now, after Brexit, a new law has been brought into force. The UK Government has written EU Regulation 261 into UK law. They are almost identical, and hence the latter is often referred to as Regulation UK261. Just like the EU Regulation (EC) No 261/2004, UK’s Regulation protects passengers when their flight is cancelled or delayed, as well as in the event of denied boarding. According to both regulations, all passengers who, due to flight disruptions, have to wait for their flight, are entitled to care from their airline. In most cases, it’s a free meal and a drink, or if it’s a long delay — free hotel accommodation.
It doesn’t matter if it’s your airline’s fault or not. If you have to wait at the airport 3 or more hours because your flight was cancelled due to bad weather (not airline’s fault), airline staff strike (airline’s fault), or technical problems (airline’s fault), 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.
Conditions: waiting time at the airport is at least 3 hours.
2. Free Food
How does it work?
How can you get a free meal in this situation?
Mostly it’s gonna be in form of coupons, that you can exchange at the airport cafes, shops or restaurants. Contact your airline if nothing is being handed out.
You can also buy a meal yourself. In this case, save the receipts, and request a refund from the airline later. It’s the airline’s responsibility to cover additional costs incurred due to delay or cancellation. To make the refund process simpler it’s better to choose something cheap and simple. Especially since there are no strict guidelines regarding this that you could refer to, no limits, etc. It might be a problem to prove that champagne and caviar was really necessary to survive the delay.
3. Free Accommodation, Free Transfer
If it’s a long wait, you are entitled to free accommodation.
Usually it’s a room in an airport hotel or a hotel that is located very close to the airport. If it’s somewhere further away, a free hotel transfer should also be offered.
4. Extraordinary Circumstances
There are situations when you can’t get compensation.
These are situations when flights get cancelled or delayed due to something that is out of your airline’s control. Mostly they are called extraordinary circumstances, something unavoidable (for the airline). Are you entitled to help from the airline in these situations?
As already mentioned, it doesn’t matter what caused flight delay or cancellation. If you have to wait 3 or more hours for your next flight (extra hours), the airline should take care of you.
5. UK and Other Airlines
What airline did you fly with?
When it comes to these things, there is a difference between UK, EU and other airlines. There are situations when are protected either by UK law or EU law, then there are situations when you are protected by both and can refer to any of the two. But if you are flying with a non-UK, non-EU airline, you are protected only when flying from the UK or EU. With these, third country airlines, and when flying from third countries, you won’t be entitled to right to care
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 | ✓ | – |
Read more:
- You Are Flying With a UK Airline: Which Laws Protect You as a Passenger?
- You Are Flying With a EU Airline: Which Laws Protect You as a Passenger?
- You Are Flying With a Non-EU, Non-UK Airline: Which Laws Protect You as a Passenger?
6. UK Compensation for Flight Delays, Cancellations, Etc.
Let’s not forget about flight compensation
As already mentioned, it doesn’t matter if it’s your airline’s fault or not. In most situations, you have a right to care. Even if your flight is cancelled last-minute due to extraordinary circumstances. If the flight disruption is not caused by extraordinary circumstances, but by foreseeable events and problems, you may as well receive a compensation.
How much? Up to GBP 520 per passenger.
Don’t forget to file a compensation claim.
Right to Care: FAQ
Who has a right to care?
Everyone, who has a regular plane ticket.
Every traveller is protected under the UK law, even if they are not UK citizens.
What if my plane ticket was super cheap?
In this case price of the ticket doesn’t matter.
Even if your ticket cost only £10, you may still be entitled to right to care.
Are children entitled to right to care?
Yes.
Every traveller is protected under the UK law.
Do I need to have an insurance to receive care from the airline?
No.
You don’t need an insurance or provide any insurance papers for that matter.
The airline gave me a free hotel room and took me to my destination. Can I still get compensation?
Yes, you may still receive flight compensation (if the disruption was your airline’s fault).
Because that’s your airline’s responsibility — to take care of you. In the UK you have a right to care no matter the circumstances. And if you’re eligible to compensation, it doesn’t affect your chances of receiving it. But don’t forget to file a claim.