Guide
UK flight delay compensation: how UK261 works
If your flight to or from the UK is delayed or cancelled, UK law may give you far more than a refund. The rules, known as UK261 (the retained UK version of Regulation (EC) No 261/2004), require airlines to look after you while you wait and, where the airline is at fault, to pay a fixed sum of compensation that has nothing to do with what you paid for the ticket. This guide follows the UK Civil Aviation Authority's published guidance.
On this page
Is your flight covered?
The CAA says UK law covers a flight that is:
- departing from a UK airport, on any airline;
- arriving at a UK airport on a UK or EU airline; or
- arriving at an EU airport on a UK airline.
For transatlantic travellers that produces an asymmetry worth knowing. A flight from London to New York is covered whichever airline operates it. A flight from New York to London is covered only if a UK or EU airline operates it; on a US airline, the UK rules do not apply and the US rules in our refund rights guide are what you have. If you are booking a trip from the UK that continues inside the US, our guide to booking US flights from the UK or Canada covers the pitfalls. Flights departing the EU come under the EU's own version of the regulation, which this guide does not cover.
How much compensation
Compensation becomes possible when you reach your destination airport more than three hours late. The amount is fixed by the distance of the flight and, for long-haul, the length of the delay. It is per person.
| Flight distance | Example given by the CAA | Compensation |
|---|---|---|
| Under 1,500 km | Glasgow to Amsterdam | £220 |
| 1,500 to 3,500 km | East Midlands to Marrakesh | £350 |
| Over 3,500 km, arriving 3 to 4 hours late | London to New York | £260 |
| Over 3,500 km, arriving more than 4 hours late | London to New York | £520 |
Distance is measured by the great circle route. On a booking with connections, the CAA says compensation is based on the distance between the first and last airports, and only the delay at your final destination counts. Arriving late at the connecting airport does not, by itself, matter.
When the airline does not have to pay
Compensation is not owed if the disruption was caused by "extraordinary circumstances", meaning events that are not the airline's responsibility. The CAA lists weather incompatible with safe operation, strikes by people outside the airline (such as airport staff or air traffic control), terrorism or sabotage, security risks, political or civil unrest, and hidden manufacturing defects.
Technical faults are the big argument. The CAA points to the English Court of Appeal's 2014 judgment in Jet2 v Huzar and the European Court's 2015 ruling in KLM v van der Lans, which found that ordinary technical problems are not extraordinary circumstances. If an airline rejects your claim, it should explain clearly why it considers the cause extraordinary.
Care while you wait, whatever the cause
Unlike compensation, the right to care does not depend on whose fault the delay was. The CAA says you are entitled to care when departure is delayed by at least two hours on flights under 1,500 km, three hours on flights of 1,500 to 3,500 km, and four hours on flights over 3,500 km. Care means food and drink appropriate to the wait, two phone calls or emails, and overnight accommodation with transport if needed.
If the airline does not arrange it, you can make reasonable arrangements yourself and claim the cost back. Keep itemised receipts; the CAA notes that airlines are unlikely to treat alcohol, luxury hotels or luxury meals as reasonable.
Refunds after five hours
If the delay reaches five hours, you can choose not to travel and get a refund for the unused flights on the booking. On a connecting booking, the airline also remains responsible for getting you back to your original departure point. Do not choose this if you still want to make the trip. For how refunds and flight credits work on US tickets more generally, see changing or cancelling a flight.
Cancellations
A cancellation brings the same right to care until the airline can fly you. Compensation is possible if you were given less than 14 days' notice and the cause was within the airline's control. With 7 to 14 days' notice, or less than 7, the amount depends on how close the replacement flight's times are to the original; in some cases the CAA's tables reduce it to £110, £175 or £260, and in some cases nothing is due. The CAA's cancellations page sets out the exact timing rules.
Self-transfer journeys
If your trip is made up of separately booked flights, the CAA is clear: there is no statutory right to care, compensation or onward transport if a delay on one flight makes you miss the next. Each flight still carries its own rights. This is one more reason to put a whole journey on one ticket; see missed connecting flights.
How to claim
- Claim from the airline directly. Compensation is not paid automatically. Many airlines have a claim form, and some ask for expenses and compensation separately. Using email or a letter gives you a record.
- Escalate after eight weeks or a final no. If you are unhappy with the final response, or the airline takes more than eight weeks, the CAA says you can go to the airline's Alternative Dispute Resolution scheme, or to the CAA's Passenger Advice and Complaints Team if the airline is not in one.
- Court is the last step. The small claims court remains an option if ADR or the CAA cannot resolve it.
The CAA notes that some airlines will deal only with the passenger directly and not with claims companies, at least at first. Visiting the UK from the US? See our UK ETA guide as well.
Common questions
How much is UK flight delay compensation?
For an arrival more than three hours late, the CAA lists £220 for flights under 1,500 km, £350 for 1,500 to 3,500 km, and for flights over 3,500 km £260 if you arrive 3 to 4 hours late or £520 if more than 4 hours late. Amounts are per person.
Does UK261 cover a flight from the US to the UK?
Only if the flight is operated by a UK or EU airline. Flights departing the UK are covered on any airline, but a US airline flying into the UK is not covered.
Is a technical fault an extraordinary circumstance?
Generally no. The CAA cites court rulings, including Jet2 v Huzar and KLM v van der Lans, finding that technical problems are not extraordinary circumstances, apart from hidden manufacturing defects and damage from sabotage or terrorism.
Can I get a refund instead of waiting?
Yes, if the delay is at least five hours you can choose not to travel and get a refund for the flights you have not taken.
What if the airline ignores my claim?
If the airline takes more than eight weeks or you disagree with its final response, escalate to its Alternative Dispute Resolution scheme, or to the CAA's Passenger Advice and Complaints Team if it is not a member of one.
Sources
- UK CAA: Delays
- UK CAA: Cancellations (including which flights UK law covers)
- UK CAA: Am I entitled to compensation?
- UK CAA: Claiming for costs and compensation
General information, not legal advice. Trailisse is an independent travel agency and does not handle compensation claims; the airline, ADR body or CAA decides your case.