WHAT ARE YOUR UK & EU PASSENGER RIGHTS ?

Millions of air passengers travel each year, but a large number do not realise that there are air passenger rights to protect them while in transit.

Check if your previous flights from the past 6 years qualify for up to £520 compensation

Air Passenger Rights and Regulations People Should Know

While it’s true that individual countries abide by their own laws, there are some key features of regional or international laws that serve as powerful tools to air passengers.

EU Legislation EC 261

This regulation guarantees passengers’ rights in cases of flight delays, cancellations, and denied boarding within the EU and for flights departing from the EU with EU-based airlines. It mandates compensation, re-routing, and assistance such as meals and accommodation, depending on the circumstances.

UK 261 Legislation

Following Brexit, the UK retained the EC 261 regulation, with modifications specific to the UK. These laws ensure that passengers departing from UK airports or arriving at UK airports on UK-based airlines receive compensation, re-routing, and assistance in cases of delays, cancellations, and denied boarding. The rights and compensation levels remain largely aligned with the original EU regulation, providing continuity and protection for passengers.

Your Air Passenger Rights explained

Air passenger rights involve specific laws that support travellers and advocate for some kind of compensation when people face flight disruptions caused by the airlines.

The problem is that many people are not aware that the law is on their side or even that passenger rights exist. In fact, globally 85% of air passengers do not know their rights.

The main disruptions that air passenger rights cover are flight delays, cancellations and overbooking. We will dive into the specifics of each case further, but before we go into the rights and compensation, we should cover which flights are covered by these rights.

The UK 261 Regulation, implemented after Brexit, mirrors the EU 261 regulation. It ensures that passengers flying from or to the UK have similar rights to those previously provided under the EU law. The flights that are covered:

ItineraryUK or EU Air CarrierNon-UK or EU Air Carrier
From inside the UK/EU to inside the UK/EU✔️ Covered✔️ Covered
From inside the UK/EU to outside the UK/EU✔️ Covered✔️ Covered
From outside the UK/EU to inside the UK/EU✔️ Covered❌ Not Covered
From outside the UK/EU to outside the UK/EU❌ Not Covered❌ Not Covered

Both UK 261 and EC 261 regulations ensure that passengers have significant rights and protections, providing compensation and assistance for delays, cancellations, and denied boarding, ensuring a consistent level of service and care for air travelers.

UK 261 + EU 261 Passenger Rights

Both UK 261 and EU 261 regulations ensure that passengers have significant rights and protections in case of flight delays. Passengers have the following rights:

  • Passengers are entitled to compensation if their flight is delayed for more than three hours upon arrival.
  • The amount of compensation depends on the length of the delay and the flight distance.
  • For delays of more than two hours, passengers are entitled to meals, refreshments, and communication facilities.

When Passenger Rights are Applicable

  • Your flight arrived at its destination more than 3 hours late.
  • Your flight departed from an EU country or the UK
  • You checked in on time for your flight.
  • The delay occurred within the last 3 years.
  • The delay was not caused by extraordinary circumstances like severe weather, political instability, or air traffic control strikes.

Compensation Amounts for Flight Delays

The amount of compensation you are entitled to depends on the flight distance and the length of the delay. The following table displays the compensation passengers can receive because of delayed flights.

Less than 3 hours3 – 4 hoursMore than 4 hoursNever arrivedDistance
❌ £ –✔️ £220✔️ £220✔️ £220All flights 1,500 km or less
❌ £ –✔️ £350✔️ £350✔️ £350Internal EU flights over 1,500 km
❌ £ –✔️ £350✔️ £350✔️ £350Non-internal EU flights 1,500 km to 3,500 km
❌ £ –✔️ £260✔️ £520✔️ £520Non-internal EU flights over 3,500 km

If the delay is longer than 5 hours, passengers can choose to receive a full refund of their ticket price instead of continuing with their journey. The airline is obligated to provide passengers with:

  • full refund for the flight
  • full refund for other flights from the airline that they won’t use in the same booking
  • return flight to the first point of departure in case of connecting flights

If passengers decide to continue their flight with the airline, they can claim up to £520 (€600) in compensation if the delay is the airline’s fault. These compensation amounts are per passenger, so if you are traveling with a family or a group, each individual may be entitled to receive the compensation.

Flight Cancellation Rights and Compensation for Passengers

UK 261 + EU 261 Rights

Passenger Rights Regarding Flight Cancellations

  • Passengers have the right to compensation if their flight is cancelled, except when they are notified at least 14 days prior or offered an alternative flight close to the original schedule
  • Compensation amounts vary based on flight distance and the timing of the alternative flight offered
  • Passengers are entitled to a full refund or alternative flight, and assistance such as meals, refreshments, and accommodation if necessary

When are the Passenger Rights Applicable

Under UK 261 and EU 261 regulations, you are entitled to compensation for flight cancellations if:

  • Your flight was scheduled to depart from the UK or EU (or land in the UK with a UK-based airline or EU with an EU-based airline)
  • You hold a confirmed reservation for the flight
  • The airline notifies you of the cancellation less than 14 days before the scheduled departure
  • The cancellation was due to reasons within the airline’s control, such as technical issues or operational circumstances not classified as extraordinary
  • These rights apply to flights operated within the last 6 years

If you accept an alternative flight due to a cancellation and that flight also experiences disruptions and delays, you may be eligible for compensation based on the following criteria:

  • Between 7 and 13 days’ notice: The alternative flight must depart no more than 2 hours earlier and arrive with a delay of less than 4 hours compared to the original flight
  • Less than 7 days’ notice: The alternative flight must depart no more than 1 hour earlier and arrive with a delay of less than 2 hours compared to the original flight

Compensation amounts

The compensation that passengers are eligible to receive for the cancelled flight is as follows:

Under 2 hours2 – 3 hours3 – 4 hoursMore than 4 hoursNever arrivedDistance
£110£220£220£220£220All flights 1,500 km or less
£175£175£350£350£350Flights 1,500 km to 3,500 km
£260£260£260£520£520Flights over 3,500 km

Overbooking Rights and Compensation for Passengers

UK 261 + EU 261 Rights

Passengers who have been denied boarding due to airline overbooking have the right to claim compensation for their inconvenience. The following outlines passenger rights in case of overbooking:

  • Passengers who are involuntarily denied boarding due to overbooking or other reasons are entitled to compensation
  • They have the option to choose between a full refund of their ticket or an alternative flight
  • Airlines must provide additional assistance, including meals, refreshments, and accommodation if necessary

When Passenger Overbooking Rights are Applicable

Under UK 261 and EU 261 regulations, you are eligible for compensation if:

  • You were denied boarding due to overbooking
  • Your flight was scheduled to depart from the UK or EU, or to land in the UK with a UK-based airline or EU with an EU-based airline
  • You had a confirmed reservation and checked in on time
  • The airline did not offer alternative transportation that would allow you to depart within one hour of your original flight time

Compensation Amounts

The compensation amounts vary depending on the flight distance. The compensation amounts for the different d

  • £220 or €250: Up to 1,500 km
  • £350 or €400: Between 1,500 km and 3,500 km
  • £520 or €600: Over 3,500 km

Additional Information: Compensation must be provided immediately upon denial of boarding. Passengers can choose between reimbursement of their ticket price or being re-routed to their destination. Compensation amounts are fixed based on the flight distance and whether the flight is within the EU or not.

Extraordinary Circumstances

Not all flight disruptions fall under the protection of passenger rights clauses. The following circumstances are typically considered outside the scope of an airline’s responsibility and, therefore, are not covered by the laws in place. In other words, the situations listed below do not qualify for compensation:

  1. Strikes Initiated by Airport Employees or Air Traffic Control: When strikes are initiated by airport staff or air traffic controllers, airlines cannot be held accountable for the resulting disruptions as they are beyond their control.
  2. Political Unrest: Political instability or unrest, such as protests, civil disturbances, or governmental actions, can lead to flight delays or cancellations. These events are considered extraordinary circumstances, and airlines are not responsible for compensating passengers in such cases.
  3. Severe Weather: Severe weather conditions, such as heavy snow, thunderstorms, hurricanes, or fog, can significantly impact flight schedules. Since airlines cannot influence the weather, disruptions caused by inclement weather are not eligible for compensation.
  4. Security Risks: Situations that pose security threats, including terrorist threats, bomb scares, or other safety concerns, can lead to flight delays or cancellations. Airlines are not liable for compensation when such security risks necessitate changes to flight operations.