If you reach your destination three hours or more late, UK261 gives you a fixed payment set by distance, unless the airline shows extraordinary circumstances caused the delay. This guide sets out the amounts, when an airline can refuse, and how to claim directly.
Key points
✓Arrive three hours or more late and the delay was not caused by extraordinary circumstances: you are owed £220 (1,500km or less), £350 (between 1,500km and 3,500km), or £260 to £520 (over 3,500km, depending on how late you arrive) per person.
✓UK261 covers flights leaving a UK airport on any airline, and flights arriving in the UK on a UK or EU airline.
✓Weather incompatible with the safe operation of the flight, or an air traffic control strike, can be extraordinary circumstances. The CAA says the Court of Appeal's 2014 Jet2 v Huzar judgment made clear that a technical problem with the plane is not.
✓In England and Wales the time limit is six years, so a delay from years ago may still be claimable.
✓A claims management company may keep a significant proportion of your award as its fee, and ADR is free to use without one. For example, a firm keeping 42% would take £218 of a £520 claim.
The exact amounts
Flight distance
Delay at arrival
Compensation
1,500km or less (e.g. Glasgow to Amsterdam)
3 hours or more
£220
Between 1,500km and 3,500km (e.g. East Midlands to Marrakesh)
3 hours or more
£350
Over 3,500km (e.g. London to New York)
Between 3 and 4 hours
£260
Over 3,500km (e.g. London to New York)
More than 4 hours
£520
The payment is a fixed amount per person. It is not linked to the price you paid for your ticket. Distance is measured by the great circle route method.
Which flights this covers
✓Yes: Any flight departing from a UK airport, on any airline
✓Yes: A flight arriving in the UK on a UK air carrier or a Community (EU) carrier
✓Yes: Passengers with a confirmed reservation who checked in at the time the airline set, or not later than 45 minutes before the published departure time if none was set
✓Yes: A booking with more than one flight made as a single unit, where the distance runs from the first airport to the last and the delay is judged at your final destination
UK261 does not apply in these cases:
✗No: Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public (tickets issued under a frequent flyer programme are covered)
✗No: A flight into the UK from abroad where you already received benefits or compensation and were given assistance in the departure country
✗No: Separate flight bookings, sometimes called self-transfer, if a delay means you miss a flight on another booking (each flight's own entitlements still apply)
If the flight was part of a booked holiday, the package holiday rules also matter, because UK261 does not affect your rights under the Package Travel and Linked Travel Arrangements Regulations 2018.
When the airline can lawfully refuse
Airlines do not have to pay compensation if they can prove the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. UK261 defines the term: the circumstances must not be inherent in the normal exercise of the air carrier's activity, must be beyond its actual control, and the airline must have taken all reasonable measures but been unable to avoid them. A delay that arose from an air traffic management decision can also count if it could not have been avoided.
Likely to be extraordinary (CAA)
Weather conditions incompatible with the safe operation of the flight, strikes unrelated to the airline (such as airport staff, ground handlers, air traffic control or border force), acts of terrorism or sabotage, security risks, political or civil unrest, and hidden manufacturing defects
Technical problems with the aircraft
The CAA says technical problems are not an extraordinary circumstance, and neither is the early failure of an aircraft component
The CAA says the Court of Appeal's June 2014 judgment in Jet2 v Huzar provided clarity in the UK that technical problems were not an extraordinary circumstance. It says the European Court noted two types of technical fault that may be extraordinary: a hidden manufacturing defect and damage to an aircraft caused by sabotage or terrorism. If the airline blames extraordinary circumstances, it needs to set out clearly why.
Do not use a claims firm, here is what it actually costs you
A claims management company can take up your complaint, but the CAA says that if the ADR provider awards you a payment, the company may deduct a significant proportion of it as its fee. ADR is free for you to use, and you do not need a claims management company to use it. Not all airlines will deal with a complaint made through one. As an example of the arithmetic on a £520 claim:
On a £520 claim
Example commission
You would keep
Claiming it yourself
£0
£520
A firm charging ~35%
£182
£338
A firm charging a flat 42% fee
£218
£302
Many airlines have a standard claim form, and using it helps you give the airline what it needs. Some airlines have a clause in their terms saying you must submit a claim directly to them before anyone else claims on your behalf.
If the airline refuses or ignores you
1
Complain to the airline first
Neither AviationADR nor CEDR can help you if you have not first raised a complaint with the airline. You can take it to the airline's ADR provider if the airline has not responded within eight weeks of your written complaint.
2
Check which ADR provider the airline uses
The CAA says there are two approved ADR providers, AviationADR and CEDR. It says most airlines in the UK are signed up to one of them, or in some cases to a provider in another country, and lists which airlines each covers.
3
Refer the complaint to that provider
ADR is free to use and, in most cases, gives you its decision within three months. If you accept the decision, the airline is then required to follow it. If you do not accept it, you can still take legal action against the airline.
4
If the airline is not signed up to ADR
The CAA's Passenger Advice and Complaints Team may be able to help. Unlike approved ADR providers, it cannot make a binding decision on the airline.
5
Taking the airline to court
The CAA says the small claims court is usually the most appropriate place for airline disputes, once you have pursued the other options. Scotland and Northern Ireland have a different process for a court claim from England and Wales.
6
Remember the time limit
In England and Wales you have six years to bring a claim under UK261. The CAA says an ADR provider can look at issues from the last six years, or five years if you live in Scotland, and that you must go to the provider within 12 months of the airline's final response.
How much compensation can I claim for a delayed flight?
£220 for a flight of 1,500km or less, £350 for 1,500 to 3,500km, and for flights over 3,500km, £260 if you arrive between three and four hours late or £520 if you arrive more than four hours late. This is per person and is not linked to the price you paid for your ticket.
Does a technical fault count as an extraordinary circumstance?
No. The CAA says the Court of Appeal's June 2014 judgment in Jet2 v Huzar made clear that technical problems are not an extraordinary circumstance. It says the European Court found the same for the early failure of an aircraft component, and noted two exceptions that may be extraordinary: a hidden manufacturing defect and damage caused by sabotage or terrorism.
How long do I have to claim flight delay compensation?
In England and Wales, six years. The CAA says an ADR provider can look at issues from the last six years, or five years if you live in Scotland, as long as you go to the provider within 12 months of the airline's final response.
Should I use a flight delay claims company?
You do not need to. ADR is free for you to use, and the CAA says a claims management company may deduct a significant proportion of any award as its fee. Not all airlines will deal with a complaint made through one.
What if the airline refuses to pay?
Complain to the airline first. If you are not satisfied with its final response, or it takes more than eight weeks to respond, escalate to its ADR provider, AviationADR or CEDR, or to the CAA's Passenger Advice and Complaints Team if the airline is not signed up to one. You can also take the airline to court.
Know Your Rights UK. "Flight Delay Compensation UK261: Claim Up to £520." Know Your Rights UK, https://www.knowyourrightsuk.com/consumer/flight-delay-compensation