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Your passenger rights under UK261 and EU261
Two almost identical laws give air passengers fixed compensation, refunds and care when flights are delayed, cancelled or overbooked. Here is how they work.
The two laws
UK261
Regulation (EC) No 261/2004 as it applies in the United Kingdom since Brexit, amended by the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019. In general it covers flights departing from a UK airport on any airline, and some flights arriving in the UK on UK airlines. Compensation is in pounds: £220, £350 or £520.
EU261
Regulation (EC) No 261/2004. In general it covers flights departing from an airport in the EU on any airline, and flights arriving in the EU from outside it on an EU airline. Compensation is in euros: €250, €400 or €600.
Which law applies depends on where your flight departed from and where it landed, and who operated it. If both could apply, you generally claim under one of them, not both. Our eligibility check works this out for you.
Compensation
Fixed amounts, set by distance and paid per passenger, for a delay of 3 hours or more at your final destination, a short-notice cancellation, or involuntary denied boarding. Compensation is measured at arrival for delays. See our delayed, cancelled and overbooked flight guides for the amounts and conditions.
Refund or re-routing
The right to a refund or an alternative flight depends on what happened to your flight. The triggers are different, so they should not be read as one rule.
CANCELLED FLIGHTS AND DENIED BOARDING
Immediate choice, no waiting time
You have an immediate right to choose between: (1) a full refund of the unused parts of your ticket, paid within 7 days, together with a flight back to your first departure point where relevant; or (2) re-routing to your final destination at the earliest opportunity, or at a later date that suits you, subject to seat availability. There is no hourly threshold. The right applies from the moment the flight is cancelled or you are denied boarding.
DELAYED FLIGHTS
Only at a departure delay of 5 hours or more
You can give up the trip and claim a full refund only when the departure is delayed by 5 hours or more beyond the scheduled time. The refund covers the unused parts of the ticket and, where you have already made part of the journey and the trip no longer serves its purpose, a flight back to your first departure point. If you cancel before that 5-hour point is reached, the airline’s normal fare rules apply, not these statutory refund rules.
Care and assistance
Care and assistance is what the airline owes you on the ground while you wait. It is separate from compensation, and it is owed whatever caused the disruption, even where the airline proves extraordinary circumstances. It is the airline’s duty, and it is not reduced because you did not ask for it.
For cancellations and denied boarding, care applies from the start, while you wait for re-routing, with no hourly threshold. For delays, care starts once the expected departure delay reaches the threshold for your flight distance. This is different from compensation, which is measured by how late you arrive.
When care starts for a delayed departure
SHORT-HAUL: UNDER 1,500 KM
2 hours or more
Care starts when the departure is delayed by 2 hours or more.
MEDIUM-HAUL: 1,500 TO 3,500 KM
3 hours or more
Care starts when the departure is delayed by 3 hours or more. This also covers flights within the EU over 1,500 km.
LONG-HAUL: OVER 3,500 KM
4 hours or more
Care starts when the departure is delayed by 4 hours or more.
What care includes
Food and drink
Meals and refreshments in reasonable proportion to how long you are waiting. Airlines usually give vouchers or a meal at the airport.
Communications
Free access to two telephone calls, telex messages, faxes or emails, so you can tell people about your delay and rearrange plans.
Hotel and transport
If one or more nights’ stay becomes necessary, for example because the replacement flight is the next day, the airline must provide a hotel room and pay for transport between the airport and the hotel, both ways.
If the airline does not provide care. Buy reasonable food, drink, a hotel or transport yourself, keep every receipt, and ask the airline to reimburse you, alongside your compensation claim. Only reasonable, necessary costs are recoverable, so avoid luxury items and keep the bill in proportion to the situation.
How long you have to claim
Time limits are set by national law, not by the regulations themselves. In England, Wales and Northern Ireland the limit for a claim is generally 6 years from the date of the flight. In Scotland it is generally 5 years. Other countries set different periods, often between 2 and 6 years, with some longer. Do not wait: records are easier to find while the flight is recent.
How a claim works
- Make your claim to the airline in writing, with your booking details and the reason you believe you are owed compensation.
- If the airline refuses or does not reply, you can take the dispute to an alternative dispute resolution (ADR) scheme the airline is signed up to, or to the Civil Aviation Authority for guidance, or to court.
- Compensation is paid by the airline directly to you.
FlightPayout prepares the documents for each stage, for a flat £9.99, and you keep 100% of the payout. See how it works.
Related guides
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This page is general information about UK261 and EU261. It is not legal advice. FlightPayout is not a law firm and cannot guarantee that an airline will pay. The amounts and time limits shown are those in force when this page was written; both regulations are under political review, so check the latest position before you rely on them.