Flight delay compensation

Flight delay compensation
Claim up to £520 per person

If your flight is delayed, it’s important to know you have rights – whether you’re reading this at the airport, or it happened weeks ago. For delays exceeding three hours, you might be eligible for compensation up to £520, given that the airline is responsible for the delay. A significant court decision has made it simpler to claim compensation if the delay was caused by airline staff illness.

• Flight delay rights

Check if your flight’s eligible and speedily claim what you’re owed.

• Flight cancellation rights

Your rights and compensation rules.

• Stuck at the airport?

How to claim for food or hotel costs if you’re delayed.

Step 1: Is your flight EU/UK-regulated?

All the guidelines discussed below stem from this fundamental principle: to be eligible for coverage, the flight must be governed by either UK or EU regulations (which are essentially identical). Here’s what is included:

• ANY FLIGHT leaving a UK/EU airport
• ANY UK or EU AIRLINE arriving at a UK/EU airport

If you’re flying within the UK or EU, you’re covered because your flight will have departed from a UK or EU airport. The situation is less clear when your flight originates outside the EU and returns to the UK or another EU destination. In this case, the airline you fly with makes a difference.

For instance, a flight from Manchester to New York falls under the regulations no matter which airline you choose. Conversely, a flight from New York to Manchester would be covered if you’re flying with British Airways, but not if you’re with American Airlines.

What about codeshares?

What matters is the airline operating the flight. For instance, if you made a booking with British Airways but your return flight from New York was on a codeshare flight operated by American Airlines, then American Airlines is the relevant carrier. Consequently, the rules wouldn’t apply to you in that scenario.

Step 2: Are you eligible for compensation?

Certain flights regulated by the EU or UK may qualify for compensation at a predetermined rate under the UK/EU flight delay compensation scheme. To be eligible, your flight must meet all of the following criteria:

• You arrived at your destination more than three hours later than scheduled.
  
• The flight was scheduled to fly in the past six years (five in Scotland).
  
• The reason for the delay was the airline’s fault. So, for example, a staff shortage would be, but bad weather wouldn’t be. (Not sure? See full info on what’s likely within the airline’s control.)

You might also be eligible for compensation if you were denied boarding because of an overbooked flight.

We now know for certain: airline staff sickness does count as ‘airline fault’.

A landmark Supreme Court ruling’s opened the door to 100,000s of flight delay/cancellation compensation claims. It clarifies once and for all that staff absence due to illness falls under the airline’s fault; it can’t be cited as an ‘extraordinary circumstance’ that would exempt them from paying out.

If you’ve had a flight cancelled or delayed by over a certain amount of time in the last six years (five in Scotland) and it was due to staff/pilot illness, you could be entitled to £100s in compensation. See how to claim.

Have the rules changed since Brexit?

Flight delay compensation rules remain the same following the end of the Brexit transition period, as the Government has written EU261 into UK law, so you’ll get the same cover you would if the UK had remained in the EU. You can read the small print here.

There is one difference however – you’ll now be paid in pounds rather than euros if you’re claiming under UK law. Flights covered include those:

• Departing the UK
• Arriving in the UK with an EU or UK carrier
• Arriving in the EU with a UK carrier

Does the delay have to be the airline’s fault to claim via my travel insurance?

Depending on the terms of your travel insurance policy, you might be eligible to receive compensation from your insurer for delays not caused by the airline. Review your policy’s terms and conditions to understand the specific situations that are covered.

Here are some examples of what major insurers provide. Whether you’ll get compensation will depend on the cause of the delay:

• Aviva and LV’s Premier Policy will give you £25 for each 12-hour period you’re delayed, up to a maximum of £250.
• Churchill and Direct Line will give you up to £200 if you’re delayed by more than 12 hours.

You might also receive money to cover hotel expenses or alternative transportation, although airlines are legally required to provide these services if your flight is delayed for over two hours.

It’s about when you arrive, not when you leave

Compensation under EU and UK regulations aims to address the inconvenience caused by delays rather than reimbursing the cost of the flight ticket. The compensation amount is predetermined based on the length of the delay and the distance of the flight.

Importantly, eligibility for compensation is determined by the arrival time, not the departure time. Compensation becomes applicable if your flight arrives three hours or more past its scheduled arrival time. Therefore, if your flight departs four hours late but lands two hours and 55 minutes late, you will not qualify for compensation.

The arrival time is considered to be when at least one of the aircraft’s doors is opened.

How much compensation could you claim?

(1) Per person. If covered by EU law, you’ll be paid in euros

Top tip: You can use the Web Flyer website to check the distance of your flight.

If you don’t remember exactly how long your flight was delayed for, it’s a little trickier. But there is a calculator that can help.

How do I check how long my flight was delayed for?

Free historical flight data is hard to come by, and so one alternative is to use a claim firm’s delay calculator. But to be clear, we’re NOT suggesting you use a claims firm, just that you use its calculator and then submit your own DIY claim.

The Bott & Co calculator is easy to use – just tap in your flight number, date of flight and the airports you flew between. It’ll say whether it thinks you may be able to claim. Yet there are two drawbacks:

• First, the tool doesn’t tell you the length of delay, just how much it thinks you can claim (if it says you’re owed €600 and your flight was over 3,500km, your delay was likely over four hours).
• And secondly, you have to give your name and email address (your phone number is optional), so you may get some marketing emails.

In our testing of the calculator, it appeared to produce fairly accurate results. However, due to the limited feedback we’ve received, consider these answers as a general reference rather than definitive. Share your experiences and any other sources of trustworthy free historical flight data in the Flight Delays forum thread.

Our free tool to claim

If you meet the specified criteria, you can submit a claim using our complimentary online reclamation tool, powered by Resolver’s technology. Alternatively, you also have the option to file a claim directly.

Our no-cost online service assists you in drafting your claim letter, notifies you upon receipt of a response, monitors your complaint’s progress, and escalates the issue if needed.

This is achieved through the technology provided by the complaints firm Resolver, though the foundational template letters and the logic driving them are our own.

Resolver not only assists you in drafting a complaint letter but also prompts you to elevate your claim within the airline and, if needed, to the relevant regulator or adjudicator after an eight-week period. However, if your complaint is escalated to the Civil Aviation Authority (CAA), you will probably need to complete the CAA’s specific complaints form.

• How long should my claim take? There’s no set timescale, but typically four to 12 weeks.
• Can’t find your airline? If you can’t find yours, Resolver says airlines can be added to the tool quickly if you alert it via its website. If you don’t want to wait, you’ll need to complain directly.

Note: A number of airlines refuse to accept complaints via Resolver, and so you’ll need to complain to them directly. The airlines are: Airblue, Emirates, Jet2, Pakistan International Airlines, SAS, Saudia, Swiss, TAP.

Or submit your claim directly

If you opt not to use Resolver, or if your airline doesn’t support it, you can file your claim directly with the airline. Airlines have various procedures for processing claims, which might involve sending an email or filling out an online form. Be sure to verify the specific method your airline requires before you submit your claim.

It’s important to note that the responsibility for any issues during a flight falls on the airline operating the flight, not the company you booked your ticket through. Therefore, if you purchased your ticket through Qantas but ended up flying with British Airways, British Airways would be the one accountable for any problems that arise.

Explain what went wrong and state what you want in terms of compensation and/or reimbursement. You can use this link to double-check how far the flight distance was.

If you’re claiming under EU law, say you want to claim compensation under EU regulation 261/2004.

If you’re claiming under UK law, say you want to claim compensation under The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 – this is where EU regulation 261/2004 has been written into UK law.

It’s important you do this – quoting the law each time lets airlines know you’re serious.

Use our free template letters to complain

You can use our free template letters, which are based on information from the Civil Aviation Authority.

Even if you’re asked to fill in an online complaints form, you can use our template letter or segments of it to help your claim. Download using the following link: Delayed or cancelled flights template letter.

What evidence do I need to submit?

No matter which method you choose to file your claim, it will be beneficial to provide details about the flight in question and any supporting documents you have, such as boarding passes, tickets, or evidence of the delay. (If you’re using our online complaint tool, Resolver, you can upload these documents directly to your claim.)

Don’t stress if you lack documented evidence—many people have successfully claimed without it. For instance, Sabrina shared her experience with us: “I only had an old itinerary from a flight I took four years ago and used your template. I received £2,100. Thanks.”

If possible, try to include the following:

• Passenger details, including names, your home address, email address and phone number.
• Previous airline reference number if you have been in contact before about the same complaint.
• The flight length. You can check this on the Web Flyer website.
• Flight details, such as the booking reference, flight number, where you were travelling to and from, and on what dates.
• You should also include copies of supporting documents, such as receipts, flight tickets or boarding passes – you’ll usually need to provide proof that you ‘presented yourself for check-in’. If you can’t find these immediately, check your email inbox for e-tickets.

Can I claim if the airline I flew with has gone bust?

In this instance, you may be a creditor of the company and you’ll need to make a claim to the liquidator or administrator.

However, if you paid for a flight using a credit card, you may also be able to pursue compensation with your card company, providing the flight cost £100 or more. For more information, see our Section 75 refunds guide.

Do I have to accept compensation in vouchers?

There have been numerous instances where airlines have offered flight vouchers rather than cash compensation. However, you are not obligated to accept these vouchers; you have the right to receive your compensation in cash.

Claim rejected or put on hold by the airline? Take it further with the regulator or adjudicators

Even if your airline complaint has been denied or postponed, it’s not necessarily the final word. If you believe your claim is valid, you have options for recourse. You can escalate the matter to the appropriate regulatory authority or seek resolution through one of the new alternative dispute resolution (ADR) programs that many airlines now participate in. One benefit of ADR schemes is that their decisions are typically binding on the airline.

• If your airline has signed up to an ADR, it has to tell you when it rejects your claim, and if the ADR scheme covers the flight you flew on, you MUST go to it if you want to appeal. Escalating your complaint is normally free, but watch out – some of the adjudicators (such as CEDR, who cover British Airways and Cathay Pacific) charge a fee if your appeal’s unsuccessful.
• If your airline hasn’t yet signed up to an ADR scheme, you’ll have to go to the relevant regulator instead. It’s worth noting regulators can’t issue binding decisions (so they can’t force airlines to pay out) – they will advise you whether they think you have a valid complaint and, if so, take it up with the airline.

For any flights leaving the UK, or any coming into the UK with a UK or EU airline, you’ll need to go to the CAA or regulator in the relevant country. You can submit your complaint via the CAA website for free – it’ll take about a week to decide if it can accept your case, and if it does, it’ll then give a final decision within 10 weeks.

Struggling to claim?

You don’t need to spend money on someone else to make a claim. Our free reclaim tools allow you to create your complaint, monitor its progress, and escalate it to the appropriate regulator or resolution scheme if it’s denied. Since this service is entirely free, you’ll retain 100% of your compensation.

If you’ve used our free tools but haven’t achieved a satisfactory outcome, another option is available. Although we generally advise against no win, no fee claims companies due to the significant portion of your compensation they often take for relatively simple cases, it might be worthwhile to engage a reputable firm if the situation becomes complex. In such cases, be prepared to part with some of your compensation for their services.

For a number of years, Bott & Co has been at the forefront of flight delay compensation in the UK, taking many of the test cases that were needed to court. While they may not be the cheapest out there, we tend to believe they’re the professionals when it comes to these claims, and are worth considering. But again, this should be a last resort.

What if the airline still says no?

Certain airlines can be quite stringent when it comes to handling claims, and occasionally, they might deny compensation even if regulatory bodies like the CAA or other authorities acknowledge the validity of your claim.

The issue lies in the fact that regulators lack the same enforcement capabilities as ombudsman schemes; they cannot compel airlines to issue payments.

• If the airline rejects your claim even after you’ve gone to the regulator. Regrettably, the next course of action is to bring the matter to small claims court. However, don’t envision courtrooms filled with judges and elaborate wigs; you can actually file your claim online.
• If you used the airline’s ADR scheme and you’re not happy with the outcome. The decision made by the adjudicator only applies to the airline and is not obligatory for you. If you’re dissatisfied with the result, you might want to think about pursuing your case in small claims court.
• If the airline is keeping your claim on hold. The sole method to compel the airline to address your claim is by pursuing legal action. If your claim has been held up because of ongoing legal disputes, it might be wise to wait until these issues are settled.

If your claim is approaching the six-year deadline for initiating legal action, it’s advisable to act promptly and file your case. The Ministry of Justice has stated that court claims exceeding the six-year limit, while in suspension, will still be considered.

Although the responsibility to demonstrate the reason for a flight delay falls on the airline, the absence of a centralized database tracking the causes of delays means it’s essentially their word against yours. To support your claim, try to remember if the pilot or airport personnel provided any information during the delay. If you believe the airline has inaccurately stated the reason for the delay, you might consider disputing it in court.

If you are bumped off a flight, you may be entitled to compensation

Airlines frequently overbook flights, assuming that not every passenger will turn up. When all booked passengers do arrive, the airline may need to request that some wait for a subsequent flight.

Should you choose to give up your seat willingly, the compensation you receive will be negotiated between you and the airline. Typically, this compensation will include cash or vouchers, along with a seat on a later flight and, if necessary, provisions such as meals or hotel accommodation for extended or overnight delays.

When there aren’t enough volunteers to give up their seats, airlines have the option to deny boarding to certain passengers. Usually, those who have purchased pricey tickets or have elite frequent flyer status are less likely to be removed. Instead, airlines might select passengers who checked in later or those with lower-priced tickets.

If you find yourself bumped from a flight due to overbooking, UK/EU regulations entitle you to compensation. This could include a refund or a new flight, and depending on the timing of the alternative flight offered, you might also qualify for additional compensation—even if you choose a refund—since the overbooking issue is the airline’s responsibility. The table below outlines the potential compensation amounts you could receive.

How much compensation are you due?

What if I’m downgraded?

Under EU regulations, you are entitled to compensation if you’re downgraded from a higher class of service. This applies as long as your flight departs from or arrives at a UK/EU airport with a UK/EU airline.

However, you won’t receive a full refund for your ticket if you still board the plane. The Civil Aviation Authority (CAA) explains that the airline has still delivered a service, even though it differs from what you originally purchased. Nonetheless, you are eligible for compensation based on the flight distance, as outlined below:

• Short-haul flights (less than 1,500km) – you’ll get 30% of your ticket cost back.
• Medium-haul flights (between 1,500km and 3,500km) – you’ll get 50% of your ticket cost.
• Long-haul flights (more than 3,500km) – you’ll get 75% of your ticket cost.

The airline is required to process your payment within seven days. In cases where the downgrade occurred only for a portion of your trip, such as just the return segment, your refund will be calculated accordingly.

Not on a UK/EU flight? You may still have a claim, but it’ll take more legwork

If your flight wasn’t governed by UK or EU regulations, unfortunately, you won’t be eligible for compensation under the UK/EU flight delay scheme.

Fortunately, many airlines follow terms and conditions suggested by the International Air Transport Association. This implies that when delays occur, most airlines are contractually required to provide passengers with options such as rebooking on a later flight, arranging alternative transport by mutual agreement, or offering a refund.

However, if you’re seeking additional compensation, there are several approaches you can explore:

• Check if similar compensation schemes exist. The CAA says you should first check whether the country where the airline is based has any similar compensation schemes.
• See if you can claim under the Montreal Convention. If you were on an international flight which took off from one of the countries signed up to the Montreal Convention (more than 100 are – see a full list), you might be able to claim for any losses caused by a delay. To claim, complain directly to your airline saying you wish to reclaim under the Montreal Convention.
• Complain to the airline. Check the airline’s website for its complaints procedure.
• Check if you’re covered by your travel insurance. Your travel insurance policy may offer some limited cover for delays, though not all policies will. Some may pay you a lump sum based on the length of the delay, while others will simply refund costs you’ve incurred, such as hotels or alternative transport.

Do any non-EU countries offer compensation for delays?

A number of countries do offer compensation for delays and cancellations, including Canada and New Zealand. But not all do  – we’ve listed some of the biggest destinations below.

Which non-EU/UK countries offer compensation?

Is claiming the right thing to do?

The legal aspects of this situation are straightforward, though the ethical considerations are more complex. Typically, I concentrate on matters of reclamation—seeking reimbursement for funds that were unjustly taken. However, this case involves compensation, and like many others, I am concerned about the rise of a compensation culture.

The legislation, which was established by the EU, has indeed shifted the balance against airlines. Since the amount of compensation is not related to the cost of the flight, there may be instances where someone who paid £60 for a budget flight and experienced only a minor delay could still claim a disproportionately high compensation amounting to £100s.

If everyone started doing this, it could significantly impact the pricing structures of budget airlines, potentially accelerating the financial difficulties of airlines already facing challenges in a tough economy and leading to higher ticket prices. Navigating the moral complexities of this issue is no easy task.

On the flip side, many see this as a form of financial justice for inadequate service, especially given the high cost of flights.

If you experienced a three-hour delay but enjoyed yourself at the airport bar, I would advise against pursuing compensation. However, for those who have spent £1,000s on flights and endured hours of discomfort with upset children, sleeping on chairs in overheated airports, or waiting endlessly on planes, I would say it’s worth pursuing.

Consequently, deciding whether to pursue compensation is a matter of personal ethics and should be assessed on a case-by-case basis. Although the potential effects on the airline shouldn’t deter you, they do warrant careful consideration of whether the compensation you seek would be reasonable or disproportionate.