When a flight arrives very late, UK law can give passengers both practical help and a fixed sum of money. The rules are known as UK261, short for UK Regulation (EU) No. 261/2004, and the Civil Aviation Authority (CAA) explains them in its passenger guidance. This guide summarises the CAA pages on delays, on entitlement to compensation and on which flights UK law covers. It is general information, not legal advice.
Which flights are covered
The CAA says a flight is covered by UK law if it is departing from an airport in the UK on any airline, arriving at an airport in the UK on an EU or UK airline, or arriving at an airport in the EU on a UK airline. A flight that falls outside those descriptions does not carry the same statutory rights, and the CAA publishes a document showing how entitlement changes with the route and the airline.
Care while you wait
The right to care starts once the flight is delayed beyond its scheduled departure time by at least:
- two hours for flights under 1,500 km;
- three hours for flights between 1,500 km and 3,500 km; and
- four hours for flights over 3,500 km.
The CAA says the airline must provide, whatever the cause of the delay, food and drink based on the length of the delay, two phone calls or emails, and, for an overnight delay, accommodation with transport between the airport and that accommodation. If the airline does not arrange this, passengers can make their own arrangements and claim the cost back, keeping itemised receipts. The CAA notes that airlines are unlikely to treat alcohol, luxury hotels or luxury meals as reasonable.
The compensation amounts
Compensation can be claimed if the passenger reaches the destination airport more than three hours late. The CAA says the sum is fixed, is not linked to the ticket price, and is paid per person according to flight distance, which can be calculated by the great circle route method:
- under 1,500 km: £220;
- 1,500 km to 3,500 km: £350; and
- over 3,500 km: £260 if the arrival is between three and four hours late, or £520 if more than four hours late.
Separately, if the delay is five hours or more, the CAA says a passenger can choose not to travel and receive a refund for the flights not yet taken.
Extraordinary circumstances
No compensation is due if the delay was caused by “extraordinary circumstances”. The CAA says the Regulation does not define the term. It lists the likely categories as weather incompatible with safe operation, strikes unrelated to the airline (such as airport staff, ground handlers, air traffic control or border force), terrorism or sabotage, security risks, political or civil unrest, and hidden manufacturing defects such as a manufacturer recall that grounds a fleet.
Technical faults are the most disputed cause. The CAA records that in June 2014 the English Court of Appeal decided in Jet2 v Huzar that technical problems are not an extraordinary circumstance in the UK, and that in September 2015 the European Court found in KLM v van der Lans that technical problems and the early failure of an aircraft component are not extraordinary, with a hidden manufacturing defect and damage from sabotage or terrorism as the two types that may be. A passenger unsure whether an exception applies can still claim, and the CAA says an airline relying on extraordinary circumstances must clearly set out why.
Connecting flights and separate bookings
Where one booking includes two or more flights, the CAA says the right to care and compensation is based on the distance between the first and last airport in the booking, and late arrival at an intermediate airport is not counted; only arrival at the final destination matters. Separate bookings, sometimes called self-transfer journeys, carry no statutory right to care, compensation or onward transport if a delay causes a missed flight, although the entitlements for each individual flight still apply.
How to claim
Compensation is not paid automatically. The CAA says passengers must claim from the airline first, and there may be separate claims for compensation and for expenses. If the response is unsatisfactory, or the airline takes more than eight weeks to reply, the claim can go to an alternative dispute resolution provider if the airline has joined one, or otherwise to the CAA’s Passenger Advice and Complaints Team. Where a flight was part of a package, the guide to package holiday rights explains a different set of rules, and a court route is described in the guide to bringing a small claim.
FAQs
Do I get compensation if the airline cancels instead of delaying?
Cancellations are covered by a separate CAA page with different rules, so the delay amounts above should not be assumed to apply.
Does the amount depend on how much I paid?
No. The CAA says compensation is a fixed amount based on flight distance and, on long flights, the length of delay.
Is a technical fault an extraordinary circumstance?
According to the CAA, generally not, following the Jet2 v Huzar and KLM v van der Lans decisions, with hidden manufacturing defects as an exception.
The bottom line
Under UK261, passengers on covered flights are entitled to care during long delays and may claim fixed compensation of £220, £350, £260 or £520 if they arrive more than three hours late, unless the airline shows the cause was an extraordinary circumstance. Technical faults do not usually qualify as one. Claims go to the airline first, then to an alternative dispute resolution provider or the CAA. Keeping receipts and the airline’s explanation of the cause strengthens a claim. This is general information, not legal advice.
Sources
- Delays (caa.co.uk)
- Am I entitled to compensation? (caa.co.uk)
- Downgrading, which sets out which flights UK law covers (caa.co.uk)