Flight delay and cancellation compensation: EU261, UK261 and US rules

Compensation for a delayed flight depends on where you fly. Europe and the UK have fixed cash amounts. The US does not. This guide covers what each system gives you, what the airline owes while you wait and when it can say no.

EU261: flights in and out of the EU

Regulation (EC) No 261/2004 applies to flights departing from an EU airport, and to flights arriving in the EU on an EU carrier. You can claim fixed compensation for:

• a cancellation announced less than 14 days before departure, unless the airline offered suitable re-routing;
• a delay of 3 hours or more at your final destination;
• denied boarding against your will, for example because of overbooking.

| Distance | Compensation | |---|---| | Up to 1,500 km | €250 | | Intra-EU over 1,500 km, and other flights of 1,500 to 3,500 km | €400 | | Other flights over 3,500 km | €600 |

For long-haul flights, the airline may reduce the amount by 50% if your arrival delay is under 4 hours (the exact threshold is set out in Article 7). The legal text is on EUR-Lex.

UK261

The UK kept the same system for flights departing from the UK and for UK carriers arriving in the UK. The amounts are in pounds: £220, £350 and £520. See the UK Civil Aviation Authority.

When the airline does not have to pay

No compensation is due for extraordinary circumstances the airline could not avoid even with all reasonable measures: severe weather, air traffic control restrictions, security risks, a strike by airport staff, or a bird strike. Technical faults and crew shortages are generally treated as the airline's own responsibility, though airlines argue about each case. The airline has to show that the circumstances applied.

Note also that you still have the right to care and a refund or re-routing even when no compensation is payable.

Right to care while you wait

Under Article 9, when a flight is cancelled or delayed (by 2 hours or more on short flights, with higher thresholds on longer ones), the airline must offer free of charge:

• meals and refreshments in proportion to the waiting time;
• a hotel and transport to it if an overnight stay is needed;
• two phone calls, emails or messages.

Keep receipts for anything you buy yourself and claim it back. Choose reasonable amounts: airlines can refuse excessive claims.

The United States

US law does not give fixed cash compensation for delayed or cancelled flights. What you do get:

• a refund if the airline cancels or significantly changes your flight, or delays a domestic flight by 3 hours or more or an international one by 6 hours or more, and you decide not to travel. See flight refund rights;
• compensation for involuntary denied boarding: 200% of the one-way fare for a short arrival delay and 400% for a longer one, up to a cap that the Department of Transportation adjusts from time to time, so check the current figure on transportation.gov;
• meals and hotels only under the airline's own policy (the DOT publishes a dashboard of what each major airline commits to).

How to claim

1. Collect proof: booking confirmation, boarding pass, a photo of the departure board, the delay reason from the airline and the actual arrival time. Flight trackers and the airline's own emails help.
2. Write to the airline through the official claim form, name the regulation and the amount. Ask for a written answer.
3. Wait 4 to 8 weeks. If you get a refusal you disagree with, go to the national enforcement body (in the EU, the authority of the country where the problem happened; in the UK, the CAA's approved alternative dispute resolution scheme) or consider a claims service, which usually takes a share of the payout.
4. Time limits differ by country and are set by national law (in England and Wales, for example, up to six years). Claim promptly and check the limit where the flight departed.

What else helps

Travel insurance can cover costs that the airline does not, for example a missed connection on a separate ticket. See travel insurance for trips abroad. On self-made connections, read flights with a layover: one booking protects you far better than two separate tickets. For lost bags, see lost, delayed and damaged baggage.

Frequently asked questions

How long a delay do I need to claim in the EU?

3 hours or more at your final destination. The clock runs from the time you arrive, not from the scheduled departure.

Is weather an extraordinary circumstance?

Yes, severe weather that makes the flight unsafe usually is, and then no cash compensation is due. The right to care, refund or re-routing still applies.

I flew from the US to Europe. Does EU261 apply?

Only if the airline is an EU carrier, because the flight departs from outside the EU. A flight from Europe to the US is covered whatever the carrier.

Can I claim compensation for a connection missed on one ticket?

If the flights were on one booking, the delay is judged at your final destination. On separate tickets, the second airline owes you nothing for the first flight's delay.

Cover: photo by Oleksiy Yeshtokyn on Pexels