Following Brexit, the UK incorporated passenger rights similar to EU 261 into its own law, commonly known as UK 261. As a result, passengers travelling on flights covered by UK law continue to benefit from comparable protections in cases such as delays, cancellations and denied boarding. In this page we’ll just refer to the air passenger rights as EU 261.
EU 261: Your rights in the event of a delayed or cancelled flight
EU 261 is the regulation that protects your rights as an air passenger if your flight is delayed, cancelled or you are denied boarding. If you experience any of the above, you may in many cases be entitled to compensation, rebooking or a refund.
Many passengers do not know what they are entitled to when faced with a delayed, cancelled or overbooked flight. That is why we have put together a simple guide to EU 261, so you can quickly understand your rights, what you can claim from the airline, and what you can do yourself if flight disruptions ruin your travel plans.
What is EU 261?
EU 261, also known as EU Regulation 261/2004, or for UK, UK261, sets out your rights as an air passenger, so that you are not left without assistance in the event of cancelled or delayed flights, denied boarding due to an overbooked flight, and other major travel disruptions.
The purpose of EU 261 is therefore to ensure that, as a passenger, you receive assistance from the airline and, in many cases, financial compensation when the airline is responsible for your journey not going as planned.
What are you entitled to under EU 261?
If you experience a flight delay, flight cancellation or are denied boarding, depending on the situation, you may be entitled to:
financial compensation – up to £520
and/or
rebooking onto another flight with the earliest possible arrival at your final destination or a full refund of the ticket price
food and drink whilst waiting
transport and, if necessary, accommodation
reimbursement of any necessary additional expenses you may have incurred as a result of the travel disruption
written documentation of the events from the airline
Your rights depend, among other things, on how long you were delayed, when you were notified, and whether the problem was within the airline’s control or due to extraordinary circumstances.
When does EU 261 apply?
EU Regulation 261 does not apply to all flights worldwide, but the rules cover many journeys to, from and within the EU/UK.
You are generally covered if:
your flight departs from an airport in an EU country or the UK
your flight arrives from a country outside the EU/UK to an EU-country or the UK, and the airline is an EU- or UK airline
And, of course, the following also applies:
you have a valid ticket
you arrive for check-in and boarding before the scheduled departure
The rules therefore apply to many flights within the EU, but also to some journeys from a country outside the EU. If you are travelling outside the EU with a non-European airline, EU 261 does not necessarily apply.
Are you unsure whether the rules apply to your journey? You can start by checking your case and getting a quick overview.
Flight delay: Your rights if your flight is delayed
If your flight is delayed, you may be entitled to assistance from the airline and, in some cases, to compensation. The key factor is how long your arrival at your final destination is delayed.
This means that it is not important when the flight takes off, but rather when you actually arrive at your final destination.
When are you entitled to compensation for a delayed flight?
If your delayed flight arrives 3 hours or more late at your final destination, you are generally entitled to claim compensation. This applies to both delayed flights and cancelled flights where you are rebooked and still arrive significantly later than planned.
The compensation depends on the length of the journey:
€250 for flights of up to 1,500 km
€400 for flights within the EU over 1,500 km and all other flights between 1,500 and 3,500 km
€600 for all other flights over 3,500 km
The original arrival time, compared with your actual scheduled arrival at the final destination, determines whether you are entitled to financial compensation.
Here you can see an overview of the compensation you are entitled to in GBP:
Reason | Delayed arrival | Flights under 1.500 km | Flights 1.501 - 3.500 km | Flights over 3.500 km between EU-countries | Flights over 3.500 km to/from EU-countries |
|---|---|---|---|---|---|
Cancelled* | 2 – 3 hours | £220 | £170 | £170 | £260 |
Cancelled /Delayed | 3 – 4 hours | £220 | £345 | £345 | £260 |
Cancelled/Delayed | More than 4 hours** | £220 | £345 | £345 | £520 |
Overbooked | £220 | £345 | £345 | £520 |
* If the cancellation occurs less than 7 days before the scheduled departure. ** If the cancellation occurs between 14-7 days before the scheduled departure.
Assistance in the event of long delays
If your flight is delayed, the airline must provide assistance whilst you wait. This may include:
food and drink
the opportunity to send emails or make phone calls
hotel accommodation, if necessary
transport between the airport and the hotel
If the airline does not assist you and you have to pay out of your own pocket, you should keep all receipts. You can later claim compensation for necessary and reasonable expenses. Read more about the rules on additional expenses here.
If the delay is 5 hours or more
If your flight is delayed by 5 hours or more, you can choose to cancel your journey. In that case, you can get a full refund of the ticket price. If part of the journey has already been completed and the rest no longer makes sense, you may also be entitled to a return flight to your original point of departure.
Read more about your rights in the event of a flight delay
Flight cancellation: Your rights if your flight is cancelled
If your flight is cancelled, you have a number of clear rights under EU Regulation 261. A cancelled flight often gives you the option to choose between a refund and rebooking, and in many cases you can also claim compensation.
What options do you have if your flight is cancelled?
If your flight is cancelled, you can generally choose between:
a refund of your ticket
rebooking your journey to another flight with the earliest possible arrival at your final destination
rebooking your journey to a later date, if seats are available
If the cancellation occurs during a journey involving connecting flights, you may also be entitled to be flown back to your original point of departure.
When are you entitled to compensation for a cancelled flight?
If you are informed that your flight has been cancelled less than 14 days before the scheduled departure, you may be entitled to compensation. However, this does not always apply.
As a general rule, you are entitled to compensation unless:
the cancellation is due to extraordinary circumstances
you were informed more than 14 days before departure
you were offered an alternative route that got you to your destination at the scheduled time or with only a short delay.
Assistance for cancelled flights
In the event of a cancelled flight, the airline must provide assistance in the same way as for delays. This means you may be entitled to:
food and drink
accommodation, if necessary
transport to a hotel
rebooking or a refund
If the airline refuses to help and you pay for necessary arrangements yourself, you must keep all receipts and contact the airline afterwards.
When can compensation be halved?
If you are rebooked and still arrive relatively close to the original arrival time, the compensation may be reduced.
This typically applies:
for flights up to 1,500 km, if you arrive a maximum of 2 hours later
for flights between 1,500 and 3,500 km, if you arrive no more than 3 hours later
for all other flights, if you arrive no more than 4 hours later
Read more about your rights in the event of a flight cancellation
Denied boarding: Your rights in the event of an overbooked flight
Denied boarding means that you are not allowed to board the flight, even though you have a valid ticket, have checked in and are ready before the scheduled departure. This often happens on an overbooked flight.
If you have been denied boarding against your will, you may be entitled to compensation and/or rebooking or a refund.
IMPORTANT: Make sure you obtain documentation from the airline confirming that you have been denied boarding, and take photos and keep receipts, as these may be crucial in any legal proceedings regarding compensation.
When do the rules on denied boarding apply?
You may be entitled to compensation if:
you have a valid ticket
you arrive for check-in before the scheduled departure
you are denied boarding against your will
the refusal is not due to health reasons, security reasons or missing travel documents
If you are denied boarding due to overbooking, you are generally entitled to financial compensation at the same rates as for delayed or cancelled flights.
What must the airline do?
If you are denied boarding, the airline must typically:
offer rebooking or a refund
provide you with written documentation
provide food, drink and, if necessary, accommodation
If you voluntarily agree to give up your seat, different rules apply. However, if you have been denied boarding against your will, you have strong rights under EU Regulation 261.
Read more about overbooked flights and denied boarding
Missed connecting flight: When are you entitled to compensation?
If you miss a connecting flight, you may also be entitled to compensation. The key factor is whether the entire journey was booked as a single reservation.
If your flights were booked together and you miss your next flight due to a delay or cancellation, the delay is assessed based on when you arrive at your final destination. This means that it is not just the first flight that counts. It is your total delayed arrival at your final destination that is decisive.
When can you claim compensation?
You can typically claim compensation if:
the entire journey was booked as a single booking
you arrive at your final destination at least 3 hours late
the delay is not due to extraordinary circumstances
If the tickets were purchased separately, you are generally in a worse position because the connection is not necessarily treated as a single journey under EU Regulation 261.
What should you keep?
If you have missed a connecting flight, you should keep:
booking confirmation
boarding pass
emails from the airline
all receipts for reasonable expenses
written proof of the delay
Read more about your rights if you miss a connecting flight
Airline strike: What are your rights?
Airline strikes can be one of the most confusing situations for passengers. Here, your rights depend on whether the strike is internal or external.
Internal strike
If the strike is organised by the airline’s own staff, such as pilots or cabin crew, the situation is within the airline’s control. In such cases, you may still be entitled to compensation if your flight is delayed or cancelled as a result of the strike.
External strike
If, on the other hand, the strike is beyond the airline’s control – for example, involving air traffic controllers or airport staff – it will often be regarded as an extraordinary circumstance. In such cases, the airline may be exempt from paying financial compensation.
You may still be entitled to assistance
Even if the cancellation is due to extraordinary circumstances, or your flight is delayed due to circumstances beyond the airline’s control, the airline must still:
rebook your journey
offer a refund
provide food and drink
assist with any necessary accommodation
This means that you may still have important rights, even if you do not receive any further compensation.
Read more about your rights in the event of an airline strike
What are extraordinary circumstances?
Extraordinary circumstances are events beyond the airline’s control which the airline could not reasonably have avoided. If the flight cancellation or delay is due to extraordinary circumstances, you are not usually entitled to compensation.
These may include, for example:
extreme weather conditions
security issues
political unrest
external strikes
closed airports or airspace
However, it is important to remember that even in the event of delayed or cancelled flights due to extraordinary circumstances, you may still be entitled to assistance in the form of food and drink, hotel accommodation, rebooking or a refund.
How to be better prepared if your flight is delayed or cancelled
If your flight is delayed or cancelled, it is a good idea to act immediately. This makes it easier to document your claim later.
Do this straight away
keep your boarding pass and booking confirmation
take photos of boards and notices at the airport
ask for written documentation of the reason
keep emails and other correspondence with the airline
keep all receipts for necessary expenses you incurred at the airport whilst waiting
File a claim with us – you might as well do it whilst you’re sitting there waiting😉
If the airline refuses to pay compensation, it is particularly important that you have documentation of the entire process.
Travel insurance and EU 261
Many people ask whether travel insurance covers them if their flight is delayed or cancelled. The answer is that travel insurance can be a supplement, but it does not replace your rights under EU 261.
In some cases, the insurance may cover:
hotel
transport
additional food expenses
certain expenses outside the EU and UK
However, if your flight is delayed or cancelled, you should still first check what claims you may have against the airline.
Read more about what travel insurance covers here.
We’ll help you understand your rights
It is not always easy to assess whether you are entitled to compensation, especially if the airline refuses, if the cancellation is due to extraordinary circumstances, or if you are unsure whether the situation was within the airline’s control.
At Refundmore.com, we help you understand your rights, assess your claim and find out whether you can claim compensation, get a refund or have your necessary and reasonable expenses covered.
Check your case here – it only takes 2 minutes