Flight Delayed or Cancelled from the UK? How to Claim UK261 Compensation (Yourself or with a Claims Company)

Has your flight from the UK been delayed for hours or cancelled at the last minute? It is so frustrating, especially when it eats into a holiday you have been looking forward to for months. The good news is that you may be owed up to £520 per person. You don't need a claims company to get it either.

The rules are called UK261. They are the UK version of the EU's air passenger rights, and they stayed in UK law after Brexit. I've looked into them in detail, using the Civil Aviation Authority (CAA) guidance, so you don't have to. In this guide I explain which flights are covered, how much you can get, how to claim yourself for free, and when a claims company might be worth its fee.

Quick answer

• Delays: if you reach your destination more than 3 hours late, you can claim £220 (under 1,500 km), £350 (1,500–3,500 km) or up to £520 (over 3,500 km) per person.
• Cancellations: you can claim compensation if you were told less than 14 days before departure, unless the new flight's times are close to the original.
• Not the airline's fault? Bad weather, air traffic control strikes and security risks count as "extraordinary circumstances", so there is no compensation. Technical faults usually do not count.
• Claim yourself: it is free. Use the airline's claim form, wait up to 8 weeks, then go to a free ADR scheme or the CAA.
• Claims companies keep a share of your payout. For example, AirHelp says it takes 35% including VAT, and more if it goes to court.
• Time limit: 6 years in England, Wales and Northern Ireland, and 5 years in Scotland.

Which flights are covered by UK261?

According to the CAA, UK261 applies if your flight:

• departs from a UK airport, on any airline
• arrives at a UK airport on a UK or EU airline
• arrives at an EU airport on a UK airline

So a Ryanair, easyJet or Wizz Air flight from Luton to Budapest is covered by UK261. A flight home from an EU airport is usually covered by the EU's own rules (EU261) instead. These work the same way, but the amounts are in euros: €250, €400 or €600 depending on distance.

One thing to watch out for is self-transfer bookings. If you book two separate tickets and miss your second flight because the first one was late, you have no right to compensation for the missed connection. Each flight still has its own rights, though. If you booked both flights on one ticket, the distance and the delay are measured from your first airport to your final destination.

How much compensation can you get for a delayed flight?

The amount depends on the flight distance and how late you arrive, not how late you leave. It is a flat amount per person and has nothing to do with what you paid for your ticket. So even a £30 flight sale bargain can earn you £220.

The CAA measures distance using the great circle method, so use an online great circle calculator if you are not sure which band your flight is in.

Delays of 5 hours or more

If your flight is delayed by at least 5 hours, you can decide not to travel and get a refund for the unused flights. However, only choose this if you really don't want to go any more!

What about cancelled flights?

If your flight is cancelled, the airline must let you choose between a refund and an alternative flight. You can fly as soon as possible or later, on a date that suits you. If another airline can get you there much sooner, your airline may have to book you on it.

You may also get compensation if you were told about the cancellation less than 14 days before departure. However, the rules depend on how close the replacement flight is to your original times:

• Told 7–14 days before: no compensation if the new flight leaves no more than 2 hours early and arrives less than 4 hours late.
• Told less than 7 days before: no compensation if the new flight leaves no more than 1 hour early and arrives less than 2 hours late.

Otherwise you get the same £220, £350 or £520, although there are some lower amounts (£110, £175 or £260) when the replacement arrives only a little late. The CAA's cancellations page has the full table.

Your right to care while you wait

This is the part many people forget. Even when the delay is not the airline's fault, it still has to look after you. Care starts after 2 hours for flights under 1,500 km, 3 hours for 1,500–3,500 km and 4 hours for longer flights. For cancellations, it lasts until the airline can fly you out. You are entitled to:

• food and drink suitable for the length of the wait (usually vouchers)
• two phone calls or emails
• a hotel and transport to it if you are stuck overnight

If the airline doesn't provide this, you can arrange reasonable care yourself and claim it back. Keep itemised receipts! Alcohol, luxury hotels and fancy meals are unlikely to be paid back.

When the airline doesn't have to pay

You can only get compensation when the airline is at fault. The CAA lists these as likely extraordinary circumstances:

• weather that makes flying unsafe
• strikes unrelated to the airline, for example by airport staff, ground handlers, air traffic control or Border Force
• terrorism, sabotage and security risks
• political or civil unrest
• hidden manufacturing defects, for example when a manufacturer grounds a whole fleet

Technical problems are usually not extraordinary. UK and EU courts have decided this, including Jet2 v Huzar. So if the airline blames "a technical issue", don't give up. If it rejects your claim, it should clearly explain why.

How to claim compensation yourself (for free)

Compensation is not automatic. You have to ask for it. Here is the process step by step.

1. Collect evidence at the airport. Keep your boarding passes, take a photo of the departures board and note what time you actually landed and got off the plane. Ask staff for the reason for the delay, ideally in writing.
2. Claim from the airline first. Most airlines have a claim form on their website. Using it makes sure you include everything they need. If there is no form, send an email so you have a written record.
3. Wait up to 8 weeks. If the airline rejects your claim, or doesn't reply within 8 weeks, you can escalate it.
4. Go to ADR. Alternative dispute resolution is free for passengers. The CAA approves two schemes. AviationADR covers easyJet, Ryanair, TUI Airways and Wizz Air. CEDR covers British Airways. You must apply within 12 months of the airline's final response.
5. Ask the CAA. If your airline isn't in an ADR scheme and your claim is valid, the CAA's complaints team can help argue your case.
6. Small claims court. This is the last resort. The CAA says it can take time and effort, so try everything else first.

If you accept an ADR decision, the airline has to follow it. You can't appeal it to the ADR body or the CAA, but you can still go to court.

How far back can you claim?

The CAA's ADR guidance says the problem must have happened within the last 6 years, or 5 years in Scotland. So if a family holiday flight went badly wrong a few years ago, it is worth checking!

Claim yourself or use a claims company?

You will see lots of adverts for companies like AirHelp and AirAdvisor. They do the paperwork and chase the airline for you on a "no win, no fee" basis. However, they keep part of your money.

In my opinion, most people should claim directly first. The airline forms are simple, and ADR is free if they say no. A claims company might make sense if you really don't have the time, or if the airline is fighting a complicated case. Always check the company's current fees before you sign anything.

Tips for when things go wrong

• Don't leave the airport without asking about care. Ask for meal vouchers and, if needed, a hotel.
• Plan for late flights home. When we had a late flight back from Dubrovnik, we used luggage storage in town and had a whole extra day to explore. Read about it in my post about the Dubrovnik city walls and cable car.
• Budget for the journey home from the UK airport too. On the same trip, public transport was limited when we landed late, so we paid £56 for a taxi home. You can see all our costs in how much our 2-week Croatia holiday cost.
• Check your travel insurance. UK261 compensation is a fixed amount, so check what your policy says about delays and missed bookings, like a hotel night or a tour. See my guide to travel insurance for hiking and adventure.
• Check the new border rules before you fly. The EU's Entry/Exit System can mean longer queues at the border. Here is my guide to EES and ETIAS for UK travellers.

FAQ

Is flight delay compensation per person?

Yes. The £220, £350 or £520 is per passenger, so a family of four on a delayed flight to Croatia could claim £1,400 together. It does not depend on the ticket price.

Can I claim if the delay was caused by bad weather?

Usually not. Weather that makes flying unsafe is an extraordinary circumstance. However, the airline still has to give you food, drink and a hotel if needed, whatever the cause.

Does a technical fault count as extraordinary?

Usually not. UK and EU courts have decided that technical problems are part of running an airline. The exceptions are hidden manufacturing defects and damage caused by sabotage or terrorism.

How long does the airline have to reply?

If the airline hasn't resolved your claim within 8 weeks of your written complaint, you can take it to its ADR scheme. If the airline isn't in one, contact the CAA.

Does UK261 apply to my flight home from Europe?

It applies if you fly home on a UK or EU airline. Flights leaving an EU airport are also covered by EU261, with compensation of €250, €400 or €600.

Have you ever claimed flight delay compensation? Did you do it yourself or use a company? Let me know in the comments!