If your flight was delayed 3 hours or more and departed from a UK airport, you may be entitled to flight delay compensation under UK law. EC 261/2004 — retained in UK law after Brexit — sets out fixed compensation amounts that airlines must pay, regardless of whether they want to. This guide covers every threshold, every exception, and exactly how to claim.
What Are Your Rights?
UK-retained EC 261/2004 applies to:
- Any flight departing from a UK airport (regardless of which airline operates it)
- Flights arriving in the UK operated by a UK or EU-based carrier
The key test is your arrival time at the final destination, not when the aircraft left the gate. If you were delayed 3 hours or more at your destination, you are entitled to claim. A gate delay of 4 hours that gets made up in the air does not qualify.
The law only applies to commercial passenger flights. Charter flights and private aircraft are not covered. Connecting itineraries count as one journey — if a connection causes you to miss your final flight, the total delay to your final destination is what matters.
How Much Can You Claim?
The amounts are fixed by the law — no negotiation, no discretion. They are based on the distance of the route, measured as a straight line between the departure and destination airports:
- Under 1,500km (e.g. London to Amsterdam): 3+ hour delay → £220
- 1,500km to 3,500km (e.g. London to Athens): 3+ hour delay → £350
- Over 3,500km (e.g. London to New York): 3–4 hour delay → £260
- Over 3,500km: 4+ hour delay → £520
Airlines can reduce the £520 or £260 amount by 50% if they offered you a rerouting that arrived within 2 hours of your original scheduled arrival time. This 50% rule applies only to long-haul. On short and medium-haul, the full amount is always payable once the 3-hour threshold is met.
You have 6 years to make a claim in England, Wales, and Northern Ireland. Scotland allows 5 years. Missing these deadlines usually kills the claim entirely.
Important: The amounts above are compensation for the inconvenience of the delay itself. Separately, you are always entitled to meals, refreshments, and accommodation during a significant delay, regardless of the reason. Airlines must provide these even when extraordinary circumstances apply.
What Counts as Extraordinary Circumstances?
Airlines can deny compensation if the delay was caused by circumstances outside their control that could not have been avoided even with all reasonable precautions. This is the most commonly disputed part of any claim. Accepted extraordinary circumstances include severe weather (not just light rain — storms that ground flights), air traffic control strikes, security threats, and political instability. They do not include technical faults that are an inherent part of operating an aircraft — maintenance issues are generally the airline’s problem.
Step-by-Step: What to Do
- Note the cause. Ask airline staff at the gate why the flight is delayed and write it down. A vague "operational reasons" gives you a strong position.
- Get your boarding pass. Keep it as proof you were on the flight. Screenshot your booking confirmation.
- Calculate your distance. Use a Great Circle Distance calculator with the IATA codes for both airports. This determines your tier.
- Write to the airline. Send a formal written complaint citing UK-retained EC 261/2004, stating your flight number, date, delay duration, and the exact amount you are claiming. Give them 14 days to respond. Use our complaint letter generator to get this right first time.
- Follow up if ignored. If 14 days pass with no meaningful response, send a follow-up letter stating you will escalate to the Civil Aviation Authority or an approved ADR scheme.
Ready to Take Action?
Generate a professional complaint letter in under 2 minutes — tailored to your situation and your country’s consumer laws. Free, no account required.
Start Your Complaint →What If They Don’t Respond?
Airlines often delay, deflect, or reject valid claims hoping passengers give up. Do not give up. If the airline ignores your claim or issues a blanket denial citing “extraordinary circumstances” without specifics, you have two escalation options.
Option 1 — Aviation ADR schemes. The Civil Aviation Authority (CAA) maintains a list of approved Alternative Dispute Resolution (ADR) schemes. CEDR Aviation and Aviation ADR are the two main ones. Both are free for passengers and legally binding on the airline. The airline must be a member — check the CAA website first. Most major UK airlines are members.
Option 2 — Money Claim Online (MCOL). If the airline is not a member of an ADR scheme, you can file a county court claim through Money Claim Online for claims up to £10,000. Court fees apply but can be reclaimed if you win. Airlines settle the vast majority of MCOL claims before the hearing date, because defending against a valid EC 261/2004 claim in court costs more than the compensation itself.
For a detailed walkthrough of the escalation path, see our Escalation Guide.
Frequently Asked Questions
Does EC 261/2004 still apply after Brexit?
Yes. The UK retained EU Regulation 261/2004 into UK law when it left the EU. The amounts are now quoted in sterling rather than euros, but the rights and thresholds are identical. The Civil Aviation Authority enforces the UK version.
Can I claim if I was on a budget airline like easyJet or Ryanair?
Yes. EC 261/2004 applies to all commercial airlines operating from UK airports, regardless of whether they are budget or full-service. easyJet and Ryanair have both paid out significant sums under this law.
What if my delay was only 2 hours and 50 minutes?
You are not entitled to the fixed compensation amounts — those require a 3-hour threshold. However, you may still be entitled to meals and refreshments from the airline during the wait, and you should have received timely information about the delay. If the delay later extended past 3 hours, compensation applies from that point.