Flight Delay Compensation in the UK

 

Source: Aleksei Zaitcev on Unsplash

The recent Global IT outage that resulted in several flights being cancelled and weeks-long delays dealt a massive blow to the airline industry. But it had the benefit of serving as a wake-up call for air travellers like you who were simply just unaware that you could receive compensation for flight delays. 

Yes, you as an air passenger have rights that are covered by EU Regulation 261/2004 and UK Law and you can get a compensation of up to £510 or €650 in the case of any delay. 

Have you recently experienced a flight delay and are wondering if you are eligible for a claim and how to go about it, here's how.

 

Are You Eligible For A Compensation In The UK?

If you have encountered a flight delay within the past 6 years in the UK, you might be eligible for compensation but only some cases of delay are eligible. The situation is rife with various complexities but you can only get your compensation in the form of cash if your flight is delayed for up to 3 hours. More complexities arise when you factor distance into the mix but in all, you should still be eligible for compensation. 

The EC261 law is also applicable in the UK despite Brexit and it applies to countries in the European Union, Iceland, Switzerland, and Norway. It also covers countries located in the outermost regions like the Canary Islands, Guadeloupe, French Guiana, and the Azores.

As it was stated above, some other factors also make the doling out of compensation much more complex such as distance. For example, for all flights less than 1500 km, the compensation is as low as €220; for flights over 3500 km, the general compensation is around £510 as long as the flight has been delayed for more than 4 hours. 

 

Exemptions To Flight Delay Compensation In The UK.

Some other factors can also muddle the water when it comes to flight delay compensation, and these factors tend to be situations that are not the airline’s fault or are a result of natural disasters. You are not entitled to compensation if the cause of the delay is your fault, such as situations in which you cancel a flight or miss the flight. 

If your flight delay happens to be less than 3 hours but more than 2 hours, you are still eligible for compensation, just that the compensation is not going to be monetary. This compensation comes in the form of “the right to care”. Under EU/UK law, your right to care guarantees you access to food and drinks, accommodation especially when you have been delayed overnight and also access to phone calls/ internet access. 

 

This right to care can also change depending on the countries you are flying to and is activated when:

• 2 hours delay for flights less than 1500 km.
• 3 hours delay for flights between 1500 km and 3500 km, and
• 4-hour delay for flights not in the EU over 3500 km.

 

For flights delayed for 5 hours and above, you can abandon your travel plan and receive a refund on all unused tickets. To avoid situations in which your right to care is contested, you need to make sure to keep any vouchers or receipts so that you can claim expenses from the airline later on. One thing to remember though, the right to care only makes airlines cover reasonable expenses not expenses garnered from luxurious accommodation or alcohol. These are some exceptions covered in the regulation;

 

1. Bad Weather Condition.

This is one such situation where you cannot fault the airline for a delay because while advancement in meteorology allows us to predict the weather with greater precision, it can quickly develop beyond their predictions. That is why in occasions of bad weather when it is dangerous to fly the plane, passengers are not entitled to compensation and this is covered under the EC 261/2004 law.

 

2. Air Traffic Control Restrictions.

Air traffic control restrictions or ATC restrictions are regulations prohibiting, restricting, or imposing conditions on the flight of any civilian aircraft in UK airspace or registered civilian craft in the airspace of any country under international agreement with the UK. These restrictions tend to come into place in prohibited/restricted areas and areas that can constitute a danger to the craft such as a region with a chemical spill or a rocket launch. It can also be a result of overloading of the airport runway and in most of these cases, the restriction applied is usually in the form of runway closure.  

 

3. Natural Disasters.

Natural disasters like hurricanes, earthquakes, tornadoes, and volcanic eruptions are valid reasons for cancellation and delay of flights, and in situations like this, the delay is taken as a consequence of nature and you cannot demand compensation from the airline.

 

4. Political and Civil Unrest.

Another exemption that is out of the airline's hands is delays caused by political and civil unrest such as riots and wars. Strikes or industrial action strikes are also another valid exemption as they can be considered extraordinary situations but in situations in which the strike is caused by the airline’s employees, you are entitled to compensation once the flight has been delayed for 3 hours or more.

 

Unfortunately, situations such as the recent global IT outage on the 19th of July, 2024 are not cause for compensation because despite being a technical issue, the situation was not the fault of the airline but rather their IT services provider.

 

What Are Your Passenger Rights During This Delay?

After Brexit, a lot of passengers seem to believe that they aren’t entitled to the same passenger rights under EC 261/2004 as EU citizens but this is false. You are entitled to the same passenger rights and you don't have to be a citizen to be eligible for it. For flights over 3500 km, your compensation is £ 510 but if this flight has been delayed for less than 4 hours, the compensation can be reduced by 50%.

 

Flight Delay Compensation Claiming Process.

So how exactly do you claim this compensation? Well, the steps are to;

• Keep Your Boarding Pass when your flight is delayed.
• Ask for reasons for the delay and collect proof of the delay such as pictures of the departure boards.
• Do not sign any agreements with the airline.
• Use our custom claim calculator to determine the compensation you are owed. 
• Wait for your eligibility to be confirmed.
• You can communicate with the airline with the help of an online professional airline delay claiming firm such as us.
• Submit this claim within 7 days.
• Wait for your compensation.

 

Calculating Compensation Amounts

Some complexities arise while calculating your compensation, here is a table to help you do that:

 

You can also make use of our custom claim calculator if you're looking for a more accurate breakdown of your compensation.

 

Common Legal Issues Regarding Flight Delay Compensation.

The EC 261/2004 protects passengers' rights and gives you a claim for compensation in situations in which you are eligible. But there are a lot of situations where despite your claim being legit, airlines will refuse to pay this compensation. This can happen especially in situations where they cite several technicalities to disparage you. Here are some legal issues that might crop up:

 

• Denied Boarding due to bad behaviour or hazardous activities. In this situation, seek legal help and demand evidence of any bad behaviour or hazardous activities.
• In cases where the airline blames mechanical issues, strikes, or technical issues. Verify the context of these situations and in the case of a mechanical fault, it is still the fault of the airline and you can demand compensation.
• Cases of connecting flights. In this situation as long as your non-UK flight connects to a UK flight, the flights are booked as a single booking and the delay is over 3 hours, you are eligible for compensation.
• Claims that compensation and passenger rights don’t exist for non-UK or EU countries. This is false as some countries such as Albania, French Guiana, etc are eligible.

 

The EU regulation 261/2004 covers the following flight situation for compensation:

• CASE 1: For example, when a person travels from London, UK, to Frankfurt, Germany experiences a flight delay, because the flight is between the UK and an EU nation, EC 261/2004 will cover it whether or not they are travelling on a UK airline. The passenger in this case is eligible for compensation.

 

• CASE 2: If a person travelling from any location on a UK/EU airline experiences a flight delay because the flight is being operated by a UK/EU airline, EC 261/2004 will apply and such a person becomes eligible for compensation.

 

• CASE 3: A person travelling from London, UK, to any other place in the world experiences a flight disruption, they will be eligible for compensation because the flight departed from the UK, and EC 261/2004 applies whether or not they are travelling on a UK/EU airline.

 

• CASE 4: A person experiences a flight disruption of a connecting flight from any location covered under the Montreal Convention, where the original flight departed from the UK/EU is eligible for compensation. This is because the original flight departed from an EU/UK and was made under the same booking, the EC 261/2004 will apply whether or not they are travelling on an EU or UK airline. 

 

Weaving through the complex issues that determine eligibility for compensation can be difficult and a lot of airlines use this fact to scare passengers from collecting compensation or signing unfavourable agreements that deny them compensation. 

 

What Other Cases That Warrant A Compensation?

Some other cases that could warrant a compensation are in;

• Connecting flights.
• Downgrading airline plan.
• Cancelled flight.
• Delays due to security threats and unruly passengers. 

 

 

FAQ

 

1. What is the time limit for Airport delay compensation in the UK?

In the UK, you can still seek compensation for delays up to 6 years after the delay.

2. How long do I need to wait for my compensation in the UK?

You should receive your compensation within 14 to 21 days.

 

3. Am I eligible for compensation if I am not a citizen of the UK?

Yes, you are eligible for compensation even if you are not a UK citizen as long as you take off from the UK/EU or use a UK/EU airline.

 

4. Who gets the compensation when I am flying business class?

You get the compensation for any delay when flying business, not your employer.

 

5. Does the recent global IT outage mean I am eligible for compensation?

Unfortunately, the recent outage does not make you eligible for compensation

 

6. Am I eligible for compensation If the Airline overbooks?

Yes, you are eligible for a refund or compensation if the cancellation or delay is caused by overbooking.

 

7. Am I eligible for compensation due to the errant behavior of another passenger?

Yes, you are but the compensation should be reimbursed by the offending passenger.

 

Claim Your Compensation Today!

To get your claim, you need to know just how much compensation you're eligible for and some online calculators can help you do that. These calculators come with claim filing services and are sure to accelerate your claim approval and can be achieved from the comfort of your home. We have tools to help you calculate your compensation, and file a claim that can’t be ignored. Leave all the legal issues to us, let’s fight for your rights.

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