Flight Delay Compensation in the UK: Expert's Guide

Reviewed by a licensed lawyer.

Last Updated: November 19, 2024

Experiencing a flight delay is not only stressful, but it can also lead to unexpected out-of-pocket expenses. Alarmingly, almost 82% of air passengers do not file a claim for flight delay compensation because they simply don't know where to start. This is where we can help.

At AirAdvisor, we’ve claimed over £52 million in flight compensation for our clients. Since 2017, our team of legal experts has been the trusted partner for over 370,000 consumers, helping them win the money they rightly deserve. If you’ve had a flight delay, enter your details below to see how much compensation you could be eligible to receive.

Unlock the key to successful delayed flight compensation claims with our comprehensive guide based on the expertise of more than 20 team members over the past 7 years who worked countless hours to produce this practical material.

We diligently analysed regulations and relevant court practices in the United Kingdom and European countries and simplified all this information to help you understand it. You will learn how to claim flight delay compensation, understand your air passenger rights, and discover eligibility criteria, and many other important details.

KEY TAKEAWAYS

• Under British law, you may be entitled to compensation if your flight is delayed by at least 3 hours.
• Compensation amounts vary from £220 to £520 depending on the distance of your flight.
• If the delay is caused by extraordinary circumstances then the airline can avoid payouts.
• You must keep all your travel documents in order for a successful claim.
• Passengers have 6 years to submit a claim.
• AirAdvisor is your trusted partner for getting the UK compensation you deserve.

Airlines must respond to claims within 30 days, but many wait until the last day to deny or respond to a claim. They may also ignore claims that come directly from passengers.

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What is Flight Delay Compensation?

Delayed flight compensation is a financial payout that airlines are required to provide to passengers following a lengthy delay. It holds airlines accountable for any avoidable disruptions they cause.

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The Regulations for Flight Delays in the United Kingdom

In the UK, the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019, commonly known as UK 261, protects your air passenger rights when your plane is delayed, cancelled, or overbooked. This is a direct incorporation of the European Union’s EU261 regulation into UK law, following Brexit.

This set of regulations outline the conditions under which you’re entitled to compensation in the UK (amongst other forms of compensation, such as for cancelled flights), the amounts payable, and the additional responsibilities of the airlines.

Other regions, such as the United States and Canada, have their own sets of regulations and laws pertaining to flight delays and passenger rights.

You can find all the details in the links below:

• Flight Delay Compensation in the United States
• Compensation Rules in Canada
• Delay Regulations in Ireland
• Delayed Flight Laws in Scotland

British Passenger Rights Simplified

The air passenger rights regulations in the United Kingdom extend to all passengers who fly from British airports OR on British airlines. In fact, citizens from all over the world are protected by UK261 regulations as long as the required conditions are met.

If you have a flight delay, you may be eligible for financial compensation as well as care and assistance from the airline if you have a delay of at least 2 hours, and you’re forced to wait in the airport. If your delay is 5 hours long or more, have the right to cancel your flight and get a full refund in addition to compensation.

Conditions to Qualify for Compensation

• Your flight must depart from an airport in the United Kingdom or arrive at an airport in the UK on a British or European airline.
• Your flight must be late by at least 3 hours past your scheduled arrival time.
• The cause of your flight delay can be attributed to the airline and not to extraordinary circumstances.

Some flights may fall under the jurisdiction of both UK261 and EC261 regulations, giving you the option to pursue a claim through the UK legal system or through the respective EU country's system.

 Scenario 1 - Eligible for Compensation

You’re flying from London to Milan on Wizz Air. Your flight is delayed because of a scheduling error, and you arrive in Milan 4 hours past your originally scheduled arrival time. Because your flight was delayed by more than 3 hours and you were departing from an airport based in the United Kingdom, you are eligible for £350 compensation. Plus, the scheduling error is something Wizz Air should have prevented, so they are at fault. This means they cannot avoid paying you for the inconvenience.

 Scenario 2 - Eligible for Compensation

You’re flying from New York to London on British Airways, and your flight is delayed because of crew shortages. You eventually arrive in London 3 hours later than you had planned. Because you were flying with a British airline, arrived at least 3 hours late, and the airline should have prevented the staff shortage, you are eligible for £520 in compensation.

 Scenario 3 - Not Eligible for Compensation

You’re flying from New York to London on Delta. Your flight is delayed because of a hurricane and arrives in London 2 hours late. Because you are arriving in Britain on an American airline, you are not eligible for compensation. Even if you were on a British carrier, you still wouldn’t be eligible because the carrier could not have avoided a hurricane and you were only 2 hours late.

 Scenario 4 - Not Eligible for Compensation

You’re flying with British Airways from New York to Miami and you have a flight delay. No matter the duration of the delay, you will not be able to get compensation from the airline because you were not arriving or departing from a UK airport.

Expert Insight: Many airlines resist paying claims without a thorough legal process, making the selection of the right court crucial. The decision depends on various factors and can be more easily handled by an airline compensation expert like AirAdvisor.

Early claims have an 72% higher chance of payout.AirAdvisor is happy to help with your claim, so you can avoid the stress of dealing with airlines and complicated laws. Check Your Flight

How Much Compensation Can You Get for a Flight Delay?

Flight delays are calculated based on the difference between the scheduled arrival time and the actual arrival time, which is marked when the aeroplane doors open at the final destination.

If your flight is delayed by at least 3 hours at your final destination, your compensation will be determined by the overall distance of your flight as seen below:

The following table applies to both UK and EU flights

*We are always aiming for the maximum amount of compensation for you no matter how many hours your flight was delayed, but depending on how many hours you are delayed, the amount could be reduced by as much as 50%.

Currency exchange rates may affect the exact amount of compensation you receive. For flights between the EU and the UK, you can choose to file your claim in either location. 

Extraordinary Circumstances: When You Won’t Get Compensation

'Extraordinary circumstances' are unforeseen events that airlines are unable to control. When a flight is delayed because of extraordinary circumstances, the airline is not required to compensate you. 

Airlines are required to prove that they took all possible measures to prevent the delay, even in cases where extraordinary circumstances were present.

At AirAdvisor, we often see situations where airlines use these reasons as an excuse to avoid payments. So, if your flight was disrupted because of what the airline calls ‘extraordinary circumstances’, you should still check your eligibility for compensation.

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Global Regulations: Montreal Convention

For international flights not governed by UK 261, the Montreal Convention serves as the key legal reference and has been adopted by 136 countries including the US. It provides universal guidelines for international air travel, including an avenue for reclaiming passengers’ out-of-pocket expenses (like hotel stays and rebooked flights) incurred from flight disruptions, as well as lost and damaged baggage protections.

Unlike UK 261, the Montreal Convention doesn't offer fixed compensation amounts, potentially making it more challenging to ascertain and enforce payout figures. However, it does stipulate a 2-year window from the date of arrival for initiating claims. While it encompasses a vast network of countries, passengers might find it beneficial to claim under UK 261 where applicable, as these regulations may present more favourable terms.

Comparison table of flight delay rights around the world

Below, you can review a table outlining the various amounts of compensation you may be entitled to around the world:

What to Do if Your Flight Was Delayed

As soon as you find out that your flight is delayed, take the following steps:

1. Ask the airline why the flight was delayed.
2. Hold on to your boarding pass and other travel documents, such as your booking confirmation. All flight details and documents are crucial for the compensation process.
3. To support your compensation claim, note the originally scheduled arrival time and gather tangible evidence of the delay. You can do this by taking a photo of your boarding pass and taking photos of the departure board or any official delay announcements from the airline.
4. If you’re delayed by 2 hours or more, ask the airline agents to provide you with complimentary meals and refreshments.
5. If the delay exceeds 5 hours, you can request a refund for the flight if it's no longer suitable for you.
6. If the flight delay lasts until the next day, ask for accommodation and transportation.
7. Keep track of all receipts for additional expenses you had to make while waiting for the postponed flight. This would include food and drink (non-alcoholic), and, in some cases, a hotel, taxi fares, etc., unless provided by the airline.
8. Don't sign any waivers as you may lose your right to compensation for your delayed flight. Also, note the small print before you accept a voucher. It usually states that the carrier no longer has to compensate you because you’ve agreed to the terms of the voucher. Also, be aware that vouchers tend to have lots of restrictions and black-out dates with short expiry periods.

How to Claim Delayed Flight Compensation

You must follow several steps to ensure a successful compensation claim, and having the necessary documents at your disposal is crucial. When you file a claim with AirAdvisor, we’ll ask you to submit specific documents so the process will be carried out efficiently and effectively:

Documents You’ll Need For a Compensation Claim

1. Booking Confirmation: This document contains vital details about your flight, including the booking reference number or PNR, flight number, and the names of the passengers on the booking.
2. Boarding Pass: This is the most fundamental document that you’ll need. It serves as proof that you were a passenger on the flight in question.
3. Flight Delay Confirmation: This can be a photo of the departure or arrival board showing the delay or a screenshot of an announcement from the airline confirming the delay.
4. Receipts: If you incurred additional expenses due to the delay, such as meals, hotel accommodation, or transportation, keep the receipts. While airlines frequently deny such claims when made by passengers directly, the AirAdvisor team routinely recovers these additional costs from airlines.

Remember, simply sending a flight delay compensation letter won't be enough in most cases.

It's essential to submit formal documents and to complete the process accurately if you want to increase your chances of success. If you’re feeling overwhelmed, you’re not alone. Over 370,000 passengers found themselves in a similar situation and trusted AirAdvisor to handle the claims process for them.

How Long Does It Take to Get Your Money

Regulations require airlines to respond within 30 days, but most carriers will reply late or ignore claims submitted by passengers directly (without representation by a third party or a lawyer).

The whole process can take up to 3 months, but AirAdvisor can expedite the process for you. If the airline is uncooperative, then our experts can help you take them to court, however, this process can take up to a year.

It's worth noting that when you handle the claim on your own, airlines will often procrastinate until the last day to reject your claim. They do this because they bank on the fact that most passengers are unaware of their rights.

If you want to increase your chances of a successful claim, choose AirAdvisor to help you with the process. We streamline the compensation claim process, offering a step-by-step guide to ensure that no important details are missed.

After your claim is submitted, our expert team handles all the necessary steps to secure your compensation, offering a no-win, no-fee guarantee. While there are other basic tools available for early claim preparation, AirAdvisor offers a comprehensive, hassle-free solution.

Tips on Flight Compensation Claims: Expert Advice

Navigating the claims process for disrupted flights can be complex, but with some expert advice, it might be easier to handle. Here are a couple of key tips to keep in mind:

Stick to Cash and Avoid Airline Vouchers

When seeking compensation for a postponed flight, we recommend that you opt for cash rather than accepting airline vouchers. Vouchers may come with restrictions and expiry dates, whereas cash compensation offers more flexibility and can be used at your discretion.

Approximately 84% of travel vouchers expire unused.

The Mirror reported in 2023 that IAG, parent company of British Airways and others, was sitting on £533 million in unused vouchers.

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Out-of-Pocket Expenses

Apart from compensation for the delay, you can also claim out-of-pocket expenses that you had to make as a result of the delay. Just remember to keep all your receipts so you can use them to back up your claim.

Why AirAdvisor?

Here's why partnering with AirAdvisor is a smart choice:

1. Expertise and Experience: With a track record of managing over 370,000 cases over the last 7 years and a customer satisfaction rating of 4.6 out of 5 from more than 20,582 verified reviews, our expertise and commitment to our clients are unquestionable..
2. Lowest Pricing: The average family can save at least €120 or more by switching to AirAdvisor from other more expensive providers. We are the lowest-cost service provider in the market, ensuring you get the maximum compensation without hefty fees.
3. Risk-Free Service: Our service is based on a no-win, no-fee basis. This means that if we don’t secure your compensation, you don’t owe us a thing. Our commission is withheld from the airline payout.
4. Hassle-Free Process: Once you file a claim with AirAdvisor, we take over all the hard work. From case preparation to filing your lawsuit in court, our team handles everything, saving you from the headaches of dealing with airlines.
5. Increased Chances of Success: Airlines are more likely to pay compensation when AirAdvisor steps in because they are aware of our successful collection efforts (98% success rate).

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