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British and EU air passenger rights
In 2004, the European Parliament signed Regulation (EC) No. 261/2004, a law that revolutionised the whole aviation industry. Initially, the document known also as EU261 or Flight Compensation Regulation guaranteed air passengers in the EU the right to compensation in the event of a cancelled flight. Later, following additional court rulings, such as the Sturgeon Ruling, the regulation started covering delayed flights as well.
After Brexit, EU261 was adopted by British lawmakers into the UK law as ‘The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019’. This document guarantees British travellers virtually the same air passenger rights as when the United Kingdom was part of the EU.
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Can I claim flight compensation when flying to a non-EU country?
In the majority of cases, yes. The British and EU flight compensation regulations apply to all flights handled by airlines headquartered in the UK or the EU. Additionally, the regulations also cover flights from the UK/EU handled by non-UK/non-EU airlines.
See the table below for more details.
| Type of flight | Example | Compensation |
|---|---|---|
| Flying with a British carrier | Tokyo to London with British Airways | Yes |
| Flying with an EU carrier | Amsterdam to London with KLM | Yes |
| Flying with a non-UK/non-EU carrier from the UK | London to Tokyo with Japan Airlines | Yes |
| Flying with a non-UK/non-EU carrier to the UK | Tokyo to London with Japan Airlines | No |
When can I claim compensation for a delayed or cancelled flight?
You can claim flight delay compensation if the flight was delayed by at least 3 hours and the airline was the party at fault for the delay. Also, you can claim flight cancelled compensation if your flight was cancelled fewer than 14 days before the original departure.
Additionally, if the airline offers an alternative flight, it must meet specific conditions for the passenger to be eligible for cancelled flight compensation. We explain this in more detail in the table below.
| Cancellation notice | Alternative flight | Compensation |
|---|---|---|
| Fewer than 7 days in advance | Departed 1h+ earlier or arrived 2h+ later | Yes |
| 7-14 days in advance | Departed 2h+ earlier or arrived 4h+ later | Yes |
| Fewer than 14 days in advance | No alternative flight offered | Yes + refund |
However, you must consider if the airline is the party at fault for the delay or cancellation - there are so-called extraordinary circumstances in which the airline is not obliged to pay out compensation.
Extraordinary circumstances — situations where the airline can legally deny compensation
These circumstances happen when the flight disruption is caused by a third party or force majeure. The most common examples include severe weather conditions, natural disasters, delay or cancellation caused by disruptive passengers, or strikes caused by workers in the aviation industry not related to the airline (eg. baggage handlers). But keep in mind that strikes caused by workers associated with the airline (eg. pilots, flight attendants) are NOT extraordinary circumstances! Also, be aware that airlines may try to avoid paying out compensation by claiming that extraordinary circumstances occurred, even if that was not the case.
Let us have a look at your case, we’ll hold the airline accountable. If needed, we will even fight for your rights in court. No win, no fee.
How much compensation can I get?
The compensation amount depends on the distance of your flight.
| Distance of your flight | Compensation |
|---|---|
| Flights shorter than 1,500 km | €250 per passenger |
| Flight between 1,500 and 3,500 km | €400 per passenger |
| Flights of over 3,500 km within the EU | €400 per passenger |
| Flights of over 3,500 km outside of the EU | €600 per passenger |
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Reimbursement of additional expenses
Did you have to spend another night at a hotel or book a taxi due to the flight disruption? It might be possible to have those costs reimbursed.
When you claim with Flight-Delayed.com, you can upload all relevant receipts and invoices via your online account. We will take it from there and make sure you are reimbursed.
How long do I have to claim flight compensation?
Were you flying either to or from the UK? Then you have 6 years to claim flight compensation. The exception is Scotland — you have 5 years to claim there.
If your itinerary does not include the UK, different national regulations will apply. Use our Claim Calculator to quickly check if you can still claim compensation.
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How long will it take to get my flight compensation?
This depends on multiple factors, such as the airline’s responsiveness and whether a court case is needed to force the airline to pay. Generally, many passengers who claim with the help of Flight-Delayed.com find money in their account within a few weeks or months.
However, there are also situations where it might take longer than that, up to a few years. Rest assured, though, that when you claim with us, we will keep you posted on all the important updates regarding the process and be there to answer any questions you might have. For your convenience, we work exclusively on a ‘no win, no fee’ basis.
How can I claim flight compensation?
First, double-check whether you are eligible by using our Claim Calculator. It’s free and you’re not obliged to use our services afterwards.
However, if you do wish to claim with the help of our flight compensation experts, it will take you only a few additional minutes to provide all the important flight details and upload all the relevant documents. Afterwards, we’ll take care of everything for you, including handling a court case, if needed.
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If you wish to learn more about our fees, please visit our Price List page.
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