Frequently asked questions
People who want to take off on their long-awaited vacation or return home after their trip usually rely on the flight taking off as planned. Unfortunately, it happens all the time that flights are delayed, cancelled or a connecting flight is missed. The good news for affected passengers: in such cases, passengers have extensive rights under EU Air Passenger Rights Regulation 261/2004 and may be entitled to a ticket refund or compensation. This is at least a small compensation for the inconvenience caused. The EU Passenger Rights Regulation applies to flights departing from or arriving in the EU. In the latter case, the airline must also be based in the EU.
Flight cancellations, delays, overbookings and missed connections regularly cause inconvenience to passengers. If the airline itself caused the problem, you as a passenger may be entitled to compensation should the disrupted flight fall under the EU Passenger Rights Regulation. Compensation under EU law is, so to speak, compensation for the lost time and inconvenience that passengers suffer.
A ticket refund is a reimbursement of the ticket price. If a flight is cancelled without replacement or if flight times are severely delayed, the airline must refund your money. In some cases, you may be entitled to both a ticket refund and compensation following a flight cancellation.
When a flight is cancelled, you can claim compensation for the cancellation under EU air passenger law if the airline informs you of the cancellation less than 14 days before the scheduled departure and the airline itself caused the cancellation. If the flight is cancelled through no fault of the airline, you are entitled to a replacement flight or rebooking, or you can claim back the ticket costs including any additional costs for seat reservations or baggage. You do not have to accept vouchers. If a cancellation occurs at very short notice through the fault of the airline and you are not offered a replacement flight, you can claim both compensation and a ticket refund.
In order to claim compensation for a flight cancellation, the airline itself must have been responsible for the cancellation. You must also have checked in on time. Additionally, the flight must have either departed from or landed in the EU. In the latter case, the airline must be based in the EU. The cancellation must have occured within the last 6 years. If these requirements are met, you can claim compensation for the flight cancellation.
If your flight arrives at your destination more than 3 hours late, you may be entitled to compensation under EU law provided that the airline itself is responsible for the delay. Should the delay result in lengthy waiting times at the airport, the airline must provide you with free drinks and snacks. The entitlement to these care services is also provided for by the EU regulation. Very important: in order to be able to claim compensation in the event of a flight delay, only the delay upon arrival – not the delay at departure – is relevant.
To ensure that flights are as full as possible, it regularly happens that airlines overbook flights. If the airline informs you that your flight is overbooked and you cannot travel as planned, you can request a timely replacement flight or compensation or a ticket refund from the airline. If, in addition, you have to wait a long time at the airport, you are also entitled to care.
If your flight cannot be operated due to a direct connection with Covid-19, e.g. a cancellation due to official restrictions, the airline must reimburse your ticket costs within 7 days. You do not have to accept a voucher. If, however, you have taken a substitute flight or agreed to a rebooking for a later date, you cannot additionally claim back the ticket price.
Since the airline is not to blame for the flight cancellation, compensation is not due. Nevertheless, flights are also cancelled where Covid-19 is used as an excuse not to pay compensation. In fact, if a flight is booked well below capacity, it happens time and again that airlines cancel connections for economic reasons. In these cases, you may also be entitled to compensation for a flight that was allegedly cancelled due to Covid-19.
When air traffic control, airport staff or airline employees go on strike, there are regular delays in flight operations. In principle, you have comprehensive rights as a passenger even during a strike. For example, you are entitled to replacement transport at the next possible opportuntity. If there are long waiting times at the airport, you are entitled to care in the form of snacks and refreshments and even hotel accommodation from the airline.
If your departure is delayed by more than 5 hours, you have the right to withdraw from the flight. The airline must then refund you the ticket price. If the airline staff go on strike, you may be entitled to compensation in the event of a flight cancellation or long delay.
In principle, airlines do not have to pay compensation if the cause of the flight problem is beyond their control. In this context, we speak of a cancellation or delay being caused by extraordinary circumstances. Such extraordinary circumstances include, among other reasons, air traffic control or airport staff strikes, severe weather, airport and airspace closures, border closures or natural disasters.
If, for example, a flight is delayed or cancelled due to a storm, you as a passenger are not entitled to compensation but the airline has certain obligations to you under the EU Passenger Rights Regulation.
Claims under the EU Air Passenger Rights Regulation also apply to package tours. Therefore, if your flight is cancelled or delayed, you are also entitled to compensation or ticket reimbursement as a package holidaymaker. If your trip cannot take place and is cancelled entirely by the travel agency, e.g. due to Covid-19, you have the right to a refund of the travel costs.
To enforce your claims, it is advisable to seek professional assistance. Passengers who assert claims on their own are often sidelined or even completely ignored by the airlines. Trust in experienced air passenger rights experts like Flightright. They will help you to successfully enforce your rights. You don’t have to do much: simply provide Flightright with your flight data online. If you have a claim, you can instruct Flightright to enforce your rights. The experts will then take over the case and ensure that you receive your money from the airline.
The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 (UK261), takes the EC261 Regulation and all the rights you get under it so passengers’ protection continues.
The UK261 Regulation is the applicable legislation after Brexit. It applies to:
• passengers departing from a UK airport; or
• passengers departing from an airport located in a country other than the UK to an airport situated in:
• the UK if the operating air carrier of the flight concerned is either an EU/EEA carrier or a UK air carrier; or
• the EU/EEA if the operating air carrier of the flight concerned is a UK air carrier.
However, the EU261 Regulation still applies to:
• passengers departing from an EU airport carried by an EU airline (flying to UK or elsewhere); or
• passengers departing from an EU airport carried by a UK airline (flying to UK or elsewhere); or
• passengers departing from a UK airport carried by an EU airline (flying to the EU); or
• passengers departing from an airport located in a country other than the EU to an airport situated in the EU if the operating air carrier of the flight concerned is either an EU/EEA carrier.
• Short distance flight delays – up to 1500 km – could entitle you to £220 compensation
• Medium distance flight delays – between 1500 km and 3500 km – could entitle you to £350 compensation
• Long distance flight delays – over 3500 km – could entitle you to £520 compensation
Yes, at least in some cases.
The rights covered by UK261 regulation guarantee compensation for all delayed and cancelled flights departing from the UK. However, if you are flying into the UK, it depends on what type of airline you are flying with. See the table below for details.
✔ ️ flight starts in a non-EU/non-UK country, carried by a UK airline, flying to the UK. E.g. Los Angeles to London with British Airways.
✔ ️ flight starts in a non-EU/non-UK country, carried by an EU airline, flying to the UK. E.g. Beijing to London with Lufthansa.
✔ ️ flight starts in the UK, carried by non-EU/non-UK airlines, flying to the EU. E.g. Manchester to Santiago with LATAM Airlines.
X flight starts in a non-EU/non-UK country, carried by a non-EU/non-UK airline, flying to the UK. E.g. Dubai to London with Emirates.
If your flight departed from or landed in the UK, your claim is valid for 6 years. Even if your flight took place more than 6 years ago, you may still be entitled to a claim. The 6-year period begins from the end of the year in which the incident occurred, e.g. if you had a cancelled flight on 01.01.2017, you can still claim compensation until the end of 2023.
If you had a case of a cancelled or significantly delayed flight during the last 6 years, check your eligibility for compensation before the time runs out!
