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If you're delayed by more than three hours or your flight's cancelled, you're often entitled to between £110 and £540 in compensation – and it's possible to claim this for free using our step-by-step guide and free online tool. Importantly, the rules haven't changed following the end of the Brexit transition period, as EU law has been written into UK law.
The doors for mass compensation for long flight delays were flung open in October 2012 following a landmark ruling by the European Court of Justice. It clarified that passengers were entitled to compensation for long delays (as long as they met the set criteria) following a challenge by some airlines.
Since then, passengers who've been delayed have been fighting to get that compensation and MoneySavingExpert has helped lead the charge. Over 590,000 people have downloaded our free flight delay reclaiming letters – and we launched a free online reclaim tool to make the process even easier.
Not everyone has won compensation. Some airlines tried to block people from claiming for flights that were over two years old, and for unforeseeable technical faults, although courts ruled against this in 2014 and 2015 – see court cases info.
Yet we are also swamped with some huge successes – here are a few to inspire you:
Thanks for recommending your Resolver tool. We tried for a couple of years to get compensation from Qantas for a 48hr delay when travelling to Sydney, but its complaints system is frustrating. So we used Resolver, and via it, Qantas responded that evening, agreeing to £2,500 which we got in a week.
- Paul
I used your tool on the Tuesday, and by the Friday I had £706 in my account. I couldn't believe it. Thanks.
- Jennifer
There were four of us. I would never have found out about the compensation if it weren't for Martin's easy link. It took me five minutes to fill in and we got £1,200! I booked flights for October with the money and had change. Bonus!
- Andrea
We got back £3,300 from BA for our delayed flight to the USA recently. We were delayed five hours and there were seven of us so it worked out €600 per person. Thank you so much for the direction to use the Resolver website. So quick and easy.
- Deanne
I sent an email through Resolver [our free online tool] on Wednesday evening to Air Malta asking for compensation for a flight delay in 2013. I was astounded to receive an email back from the airline on Thursday morning offering me 400 euros compensation.
- Liz
The law behind this is clear cut, the ethics far less so. My usual focus for these type of issues is on reclaiming – asking for money back that was wrongly taken from you. This, however, is compensation, and like many I worry about a growing compensation culture.
This EU ruling has certainly swung the pendulum against airlines. As the cost of the flight is irrelevant to the payout there will be some who paid £20 for a cheap flight, were delayed a few hours that didn't really bother them, yet are entitled to a disproportionate £230 compensation for it.
If everyone did it, this could cripple budget airlines' pricing models, possibly hasten the financial troubles of airlines already struggling in a tough economy and put prices up. Balancing this on the see-saw of right and wrong isn't easy.
If I were rejigging the rules to make it fairer for both travellers and the industry (to keep flight prices down), I'd suggest the compensation paid should be whichever is cheaper – your flight price or the fixed compensation amount set out in law. For example, if you were on a £50 flight and entitled to £310 compensation, you'd get £50. But if your flight cost £300, you'd be entitled to the full £300.
Yet equally, there are many for whom this is valuable financial justice for substandard service on an expensive product.
If you were delayed three hours and a minute and had a great time in the airport bar, I'd say don't go for it. Yet for those who paid £1,000s for flights and spent a dozen hours trapped with upset young children, sleeping on chairs in overheated airports or on planes waiting to take off – I'd say go for it.
Therefore each individual must make their own ethical choice of whether to take up the cudgels and go for the compensation. While the impact on the airline is no reason not to do it, for me it is a reason to first examine whether the compensation you could be due would be truly fair or excessive.
- Martin Lewis, MSE founder & chair
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The Government insists flight delay compensation rules remain the same following the end of the Brexit transition period, as it's written EU261 into UK law, so you'll get the same cover you would if the UK had remained in the EU. You can read the small print here.
There is one difference however – you'll now be paid in pounds rather than euros if you're claiming under UK law. This covers flights which are:
The table below shows how much compensation you could be owed in pounds, if you're delayed on a flight covered by UK law.
UK flight delay rules - how much compensation are you due?
FLIGHT LENGTH | ARRIVAL DELAY | COMPENSATION DUE |
---|---|---|
Up to 1,500km | Up to 3 hours | £220 (previously €250) |
1,500km – 3,500km | Up to 3 hours | £350 (previously €400) |
3,500km+ | 3-4 hours | £260 (previously €300) |
4+ hours | £520 (previously €600) |
It's also worth bearing in mind that if you fly between two European countries, or fly on an EU-regulated flight which is nothing to do with the UK (eg, from Amsterdam to Australia on KLM), you'll still be covered under EU261 as the law doesn't require you to be an EU citizen to claim compensation.
See our Brexit need-to-knows guide for the latest info on Brexit's impact on travel and more.
We've got chapter and verse below on how to claim compensation if your flight is delayed or cancelled. But if you're stuck at the airport right now waiting for a UK or EU-regulated flight (ie, any flight leaving a UK/EU airport or on a UK/EU airline to a UK/EU airport), here's a checklist of what you need to know:
Your airline should tell you what's going on. Ask at a check-in desk but also look at its website, app and Twitter and Facebook for updates. Check the email you used when booking, too, in case you've been sent an update. You can also enter your flight number on FlightRadar24, which tracks planes in real time, to see if it can give you an idea of what's going on.
You're entitled to food and drink. Regardless of what caused the hold-up, your airline must look after you if you're delayed or waiting for an alternative flight if your original was cancelled. It should provide food and drink (or vouchers to buy them) if you're delayed more than two hours on a short-haul flight, three hours on medium haul (eg, Manchester to Malaga) or four hours for long haul.
If it's unable to, you can buy your own and claim back, but make sure you keep receipts – remember only reasonable expenses are covered; it's unlikely you'd be able to claim for alcohol. Check if your airline's website has any guidance on what it'll cover.
You're entitled to accommodation if needed. If delayed overnight you're entitled to a hotel, and the airline must also provide transport to and from it. Ideally it would book the hotel so always check first, but if it's unable to help, try to find a reasonably priced one and keep all receipts – again it's unlikely to cover a luxury hotel.
You're entitled to a 'means of communication'. In practice this just means the airline's likely to reimburse you for the cost of any relevant calls you make.
Keep hold of any evidence. As well as keeping receipts, note the reason you were given for the delay or cancellation and screenshot any information you may have seen on Twitter etc, as this could prove useful if you later claim compensation.
If your delay means you arrive at your destination more than three hours late, you may be owed up to £540. If the delay was deemed to be within the airline's control you could be owed compensation. See full flight delays help.
If you're delayed more than five hours, you can get a refund regardless of cause. If you no longer wish to travel you can ask for a refund after this point, which will include any unused parts of your booking such as a return flight. If you opt for this though you'll no longer be entitled to any further care and assistance, and it's unlikely you'll get compensation as the law specifies it's based on arrival time, and you won't arrive at your destination.
If your flight is cancelled you're entitled to a new flight or refund, and possibly compensation. See our flight cancellation section for full details, including why you may be entitled to a flight on an alternative airline, and how to check if you're owed compensation.
It's worth noting these rules only apply to UK or EU-regulated flights. For more on the rules on other flights see non-UK/EU flights help below.
The rules cover flights departing from a UK/EU airport, regardless of the airline OR where a UK/EU airline lands at a UK/EU airport. Under these rules, EU airports also include those in Iceland, Liechtenstein, Norway and Switzerland.
So a delayed Manchester to Miami flight qualifies, regardless of the airline. Yet for Miami to Manchester, you are entitled to compensation flying Virgin or KLM, but not on Air India.
If you WEREN'T on an UK or EU-regulated flight, you can't claim under UK/EU rules, but there are still avenues you can try. See What if I wasn't on a UK/EU flight?
Quick questions
In theory you can apply for compensation for any past delays stretching back as far as February 2005 – but in practice it's extremely unlikely you'll be able to go back further than 2015.
In fact, flight delay solicitors Bott & Co, who say they've dealt with over 200 airlines and more than 480,000 claims, believe any airline will refuse your claim if it is longer than six years ago.
This is because in England, Wales and Northern Ireland, if you need to take the airline to court to get the cash (not too common, don't be unduly worried) then you can only go back six years. This is due to the statute of limitations – a law which says how long you have to initiate legal proceedings. In Scotland, it's five years. So older claims can be tricky.
Quick questions
You are only entitled to the compensation if the delay was something within the airline's control.
The European Commission has published "interpretative guidelines" for the flight delay law, referencing case law in a bid to clarify some of the grey areas, but these are not legally binding on the airlines.
The guidelines say the airline must prove there were extraordinary circumstances and it took all reasonable steps to avoid them.
Quick questions
So can I claim if...
Compensation for delays is only due on flights arriving over three hours or more late. How long the delay is determines how much you could be entitled to.
Crucially, this is a straight rule. It's about when you arrive, not when you leave. So if you're on a flight that takes off four hours late but lands 2 hours 55 minutes late, you're not eligible for compensation.
Your arrival time is actually deemed to be when the plane opens at least one of its doors. This follows a ruling by the European Court of Justice in September 2014, after Germanwings unsuccessfully tried to argue that as its plane had touched down just less than three hours late its passenger had no right to compensation.
The three hour rule is also about compensation for a delay, not a refund of the flight ticket cost, so the amount you are due is fixed dependent on the delay length and distance travelled. You can use the Web Flyer site to check the distance of your flight.
Compensation is also per person, so for a family of four, quadruple it (although where a passenger travels free of charge you cannot claim). BUT compensation is based in euros, meaning the amount you'll get in sterling will fluctuate, depending on the exchange rate at the time the payment is made.
My flight's been delayed. How much will I get?
ARRIVAL DELAY | DISTANCE | COSTS | COMPENSATION IF YOU TRAVELLED (I) | FARE REFUND IF YOU DIDN'T TRAVEL (II) |
---|---|---|---|---|
Under two hours | Any distance | No | No | No |
2 hours – 2h 59mins | Any distance | Maybe (iii) | No | No |
3 hours+ | All flights under 1,500km, eg, London to Paris (iv) | Yes | €250 (£230) | Yes, if delayed over five hours |
All flights between 1,500km and 3,500km, eg, Manchester to Malaga (iv) | Yes | €400 (£360) | ||
Flights within the UK/EU only, 1,500+ km | Yes | €400 (£360) | ||
3-4 hours | Flights between a UK/EU and non-UK/EU airport, 3,500km+, eg, London to New York | No | €300 (£270) | |
4 hours+ | Flights between a UK/EU and non-UK/EU airport, 3,500km+, eg, London to New York | Yes | €600 (£540) | |
(i) You're only entitled to compensation if you meet the eligibility criteria outlined in the guide. (ii) You're entitled to a refund of your fare, regardless of the delay's cause. (iii) Depending on the length of the flight, this rule kicks in on delays of more than two or more than four hours. (iv) If leaving a UK/EU airport, or returning to a UK/EU airport on a UK/EU airline. Sterling figures based on the early-January 2021 exchange rate of €1.11 to £1. Rounded to nearest £10. |
Quick questions
Just because the airline's rejected or put your case on hold, doesn't mean it's correct. If you feel you've a legitimate claim but have been fobbed off, you can take your case to the relevant regulator or alternative dispute resolution service to look into. Again, this is something you can do yourself – you don't need a claims handler to do this.
Exactly who you escalate your case to depends on which airline you flew on, and where you were flying from and to – see who to go to if the airline turns you down for full help. In some cases you'll be able to appeal to an ombudsman-style scheme with binding powers. In others, the regulator's rulings will be advisory.
For most airlines it won't cost you anything to take your claim further, though with three – British Airways, Condor, and Tui (formerly Thomson) – there's now a £25 fee if your appeal's unsuccessful. See our how to claim section for full help.
If your appeal is unsuccessful it's still possible to go to court if you really want to press your case, though then you need to weigh up if it's worth it – see how to take your case to court.
There are a number of circumstances where you may not meet the conditions of EU regulation 261/2004 as outlined in the points above, but it may still be worth trying to claim for some compensation. For example...
More info if...
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Below are the rules if your flight has been cancelled. If your flight has been delayed, please see the rules detailed directly above.
A UK or EU flight is where the flight departed from an UK/EU airport, regardless of the airline OR where a UK/EU airline landed at a UK/EU airport. Under these rules, EU airports also include those in Iceland, Liechtenstein, Norway and Switzerland.
So a cancelled Manchester to Miami flight qualifies, regardless of the airline. Yet for Miami to Manchester, you are entitled to compensation flying Virgin or KLM, but not on Air India.
If you WEREN'T on a UK or EU-regulated flight, you can't claim under UK/EU rules, but there are still avenues you can try. See What if I wasn't on a UK/EU flight?
Quick questions
In theory you can apply for compensation for any past delays stretching back as far as February 2005 – but in practice it's extremely unlikely you'll be able to go back further than 2015.
In fact, flight delay solicitors Bott & Co, who say they've dealt with over 200 airlines and more than 416,000 claims, believe any airline will refuse your claim if it is longer than six years ago.
This is because in England, Wales and Northern Ireland, due to the statute of limitations, if you need to take the airline to court to get the cash (not too common, don't be unduly worried) then you can only go back six years. In Scotland, it's five years. So older claims can be tricky.
Quick question
When a flight is cancelled, however long before it was due to take off, you have a right to choose between...
This applies:
Regardless of how long before the flight you were told of the cancellation.
Regardless of what it was that caused the cancellation.
And if the flight you were on departed from a UK/EU airport, regardless of the airline, OR you were on a UK/EU airline and landed at a UK/EU airport. If you were on another flight anywhere else in the world, you may still be able to get your money back and compensation, but you're at the mercy of other sets of rules.
Quick questions
You CAN claim additional compensation of between €125 (£110) and €600 (£540), depending on the arrival time of a rescheduled flight you're put on.
Even if you go for a refund of your original ticket, rather than be re-routed, meaning you don't travel, you can claim compensation based on the timings of the alternative flight offered.
Quick questions
This is compensation for a delay, not a return of the flight ticket cost, so the amount you are due is fixed dependent on the delay length and distance travelled. You can use the Web Flyer website to check the distance of your flight.
Compensation is also per person, so for a family of four, quadruple it (although where a passenger travels free of charge you cannot claim). BUT compensation is based in euros, meaning the amount you'll get in sterling will fluctuate, depending on the exchange rate at the time the payment is made.
As you can see from the tables below, if you depart earlier than your original flight you'll probably arrive earlier so you won't be due compensation. But where you've departed earlier than the original flight and arrived later, because you've been put on a different route that is longer, or been given a connecting flight that delays you getting to your destination, for example, compensation may be due.
Flight cancelled 7-14 days before departure
FLIGHT LENGTH | 0 – 1,500KM, EG, LONDON TO PARIS | 1,500 – 3,500KM, EG, LONDON TO ISTANBUL | 3,500KM+, EG, LONDON TO NEW YORK | |||
---|---|---|---|---|---|---|
Time of alternative flight vs original (i) | Leaves 2+ hrs before, lands up to 2hrs after | Lands 4+ hrs late. OR leaves 2+ hrs before, lands 2hrs+ after |
Leaves 2hrs+ before, lands late (up to 3hrs after) | Lands 4hrs+ late. OR leaves 2hrs+ before, lands 3-4hrs after | Leaves 2hrs+ before, lands late (up to 4hrs after) | Lands 4hrs+ late |
Compensation | €125 (£110) |
€250 (£230) |
€200 (£180) |
€400 (£360) |
€300 (£270) |
€600 (£540) |
(i) Based on the timings of alternative flight offered. Sterling figures based on the early-January 2021 exchange rate of €1.11 to £1. Rounded to the nearest £10. |
Flight cancelled less than 7 days before departure
FLIGHT LENGTH | 0 – 1,500KM, EG, LONDON TO PARIS | 1,500 – 3,500KM, EG, LONDON TO ISTANBUL | 3,500KM+, EG, LONDON TO NEW YORK | |||
---|---|---|---|---|---|---|
Time of alternative flight vs original (i) | Leaves 1hr+ before, lands up to 2hrs after | Lands 2hrs+ late | Leaves 1hr+ before, lands late (up to 3hrs after) | Lands 3hrs+ late | Leaves 1hr+ before, lands late (up to 4hrs after) | Lands 4hrs+ late |
Compensation | €125 (£110) |
€250 (£230) |
€200 (£180) |
€400 (£360) |
€300 (£270) |
€600 (£540) |
(i) Based on the timings of alternative flight offered. Sterling figures based on the early-January 2021 exchange rate of €1.11 to £1. Rounded to the nearest £10. |
Quick questions
Airlines often book more passengers on to a flight than there are seats, on the basis that it's unlikely all of them will show up. If they all do, then airlines may have to ask some passengers to wait for another flight.
First it'll likely ask for volunteers. If you voluntarily give up your seat, then the amount of compensation you're due is between you and the airline, though you're likely to get cash or vouchers, plus a seat on a later flight, plus food/hotel if it's a long/overnight wait.
If there aren't enough volunteers willing to surrender their seats, then airlines can deny boarding to selected passengers. Typically, those with expensive tickets or elite frequent flyer status won't be forced off. Some airlines may choose passengers who checked in last, or those who are booked cheap tickets.
If you're forced off due to overbooking, then under UK/EU rules you're entitled to compensation. This means you can get a refund or a new flight, and based on the timings of the alternative flight you're offered you may also be eligible for compensation – even if you opt for the refund – as overbooking was the airline's fault. The table below shows how much you could get.
How much compensation are you due?
FLIGHT LENGTH | ARRIVAL DELAY | COMPENSATION DUE |
---|---|---|
Up to 1,500km, (all flights), eg, London to Paris | Up to 2 hours | €125 (£110) |
Up to 1,500km, (all flights), eg, London to Paris | 2 hours+ | €250 (£230) |
1,500km – 3,500km (all flights), eg, Manchester – Malaga | Up to 3 hours | €200 (£180) |
1,500+ km (flights within the UK/EU only) | 3 hours+ | €400 (£360) |
3,500km+ (flights between a UK/EU and non-UK/EU airport), eg, London to New York | Up to 4 hours | €300 (£270) |
4+ hours | €600 (£540) | |
(i) Based on the timings of alternative flight offered. Sterling figures based on the early-January 2021 exchange rate of €1.11 to £1. Rounded to the nearest £10. |
You also have a right to compensation under EU law if you're chucked out of the higher classes. (As usual, you must be taking off from a UK/EU airport, or arriving at a UK/EU airport on a UK/EU airline.)
Unfortunately you won't get a full refund of what you paid for your ticket, assuming you do get to travel on the plane – the CAA says this is because the airline has still provided you a service, even if it's not what you paid for. But you are due the following amounts of compensation, depending on the distance:
The airline should pay you within seven days. If you were only downgraded for part of your journey, eg, just the return leg, your refund will be worked out on this basis.
Still not had your question answered? Let us know in the forum discussion and we'll endeavour to add it to this section.
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If you fit the criteria above you can make a claim using our free online reclaim tool, which uses technology from complaints site Resolver. Alternatively, you can use our free template letters.
The flight delay tool is best for anyone with an EU claim who, if rejected by their airline, would go on to complain to the Civil Aviation Authority or an adjudicator covering a flight to, from or via the UK. This covers…
Anyone with an EU claim, who if rejected by their airline would go on to complain to a (non-UK) EU regulator, may be better off using our free template letters. This covers…
You'll need to use our template letters for these airlines. A number of airlines are refusing to accept complaints via Resolver, and so you'll need to complain directly, using our template letter below. The airlines are: Air Blue, Blue Air, Emirates, Jet2, Pakistan International Airlines, SAS, Saudia, Swiss, TAP.
Our free online tool helps drafts the letter for you, tells you when you've been sent a response, keeps track of your complaint and escalates it if necessary.
We do this using the complaints firm Resolver, which provides the technology, but the underlying template letters and logic behind it are ours.
Enter your details to claim EC regulation 261/2004 compensation:
Resolver will remind you to escalate your claim within the airline and, if necessary, to the appropriate regulator or adjudicator after eight weeks (though if your complaint is escalated to the Civil Aviation Authority, you are still likely to be asked to fill in the CAA's own complaints form.) See more on Escalating your complaint below.
If you decide not to use Resolver, you can submit your complaint directly, using our free template letters to help.
Different airlines have different procedures for claiming, including emailing or an online form. So check what method your airline wants you to use before claiming.
Just remember to explain what went wrong and state what you want in terms of compensation and/or reimbursement. You can use this link to double-check how far the flight distance was.
Remember to say you want to claim compensation under EU regulation 261/2004.
It's important you do this – quoting the law each time lets airlines know you're serious.
Use our free template letters to complain
You can use our free template letters, which are based on information from the Civil Aviation Authority.
Even if you're asked to fill in an online complaints form you can use our template letter or segments of it to help your claim. Download using the following link: Delayed flights template letter.
Remember, it's the operator of the flight, rather than the firm you booked with, which is responsible when things go wrong. So if you booked a ticket via Qantas, but were on a BA plane, then as BA operated the flight, it's responsible if anything goes wrong.
Here are links to the major airline complaints pages, which will explain whether you need to get in touch by writing, or by using online complaints forms.
If your airline's not listed above, go to its website or call to find out the best way to make a claim.
Just because your case has been rejected or put on hold by the airline, it doesn't mean that's the end of the line for your complaint. If you think you have a legitimate claim, you can take your case either to the relevant regulator or one of several new adjudicators many airlines have signed up with.
Escalating your complaint is normally free, but watch out – one of the adjudicators, CEDR, charges a £25 fee if your appeal's unsuccessful.
The CAA, the UK's airline regulator, has been approving various Alternative Dispute Resolution (ADR) schemes to take on cases. If your airline has signed up to one it has to tell you when it rejects your claim – if the ADR scheme covers the flight you flew on you MUST go to it if you want to appeal. The advantage of going to an ADR scheme is its decision is generally binding on the airline..
Writing to the CAA? To complain to the CAA, most passengers need to fill out its online form. Read its complaints information first, to check you're eligible. It should take no longer than 10 weeks to resolve the case, but the average is about six weeks.
Writing to the ECC or other regulator? You can use either our delayed flights template letter or you can use the EU's complaints form – it doesn't matter which. When writing, set out all the details of your complaint and include copies of all correspondence.
Quick questions
Some airlines play hardball with claims and sometimes reject people even when the CAA or other regulators say you have a claim.
The problem is that regulators do not have the same powers as ombudsman schemes – they can't force airlines to pay out.
If the airline rejects your claim even after you've gone to the regulator... Unfortunately the next step is really to take it to the small claims court. Don't think going to court is about judges and wigs though – you can actually claim online. See below for help on making a court claim.
If you used the airline's ADR scheme and you're not happy with the outcome... The adjudicator's decision is only binding on the airline, not on you, so if you're unhappy with the outcome you could consider taking your case to the small claims court.
If the airline is keeping your claim on hold... The only way to force the airline to deal with your claim is to take it to court. If your claim's been delayed due to the ongoing legal battles (see court cases for more details), you may be best waiting for them to be resolved.
However if your claim is nearing the six-year time limit for taking court action, consider filing proceedings fast. The Ministry of Justice has confirmed court claims which go over the six-year limit while on hold will still be heard.
While the onus is on the airline to prove the cause of the delay, unfortunately, as there's no central database collating why flights are delayed, it's their word against yours. So try and recall whether you were told anything by the pilot or airport staff at the time of the delay to back up your claim. If you don't think the airline has cited the correct cause of delay, it may be worth challenging in court.
Unlike regulators, ADR schemes do have binding powers – so if you went to an adjudicator and it ruled in your favour the airline should pay up.
If you complained to the airline and lost and then complained to the relevant regulator, ADR or the European Consumer Centre and lost again – or the airline's put your case on hold – you can go to court. Unfortunately our Resolver tool can't help with this – though you will be able to download details of your case so you have it to hand.
You can take your complaint to a local county court in England, Wales and Northern Ireland, or a sheriff court in Scotland.To use the courts' small claims system, your claim needs to be under £10,000 in England and Wales, or under £5,000 in Scotland or £3,000 in Northern Ireland.
You can also ONLY take your case through the small claims system within six years from the delayed flight in England, Wales and Northern Ireland. In Scotland, you've got five years.
Subject to this, anyone can make a claim in the small claims courts, although the airline you claim against could challenge whether or not you can use the court you want to use – it's up to the court you apply to to decide.
If none of the above apply, the European Small Claims Procedure can be used for cross-border complaints for claims of under €5,000. There is a standard claim form which you can issue through the county court.
It's worth noting that if your claim has already been decided by a court, unfortunately you can only appeal the decision within 21 days of it being made.
For more information on going to court and what this entails, see our Small Claims and How to Complain guides. It may also be worth considering taking legal advice.
Made a claim? Let others know how it's gone in the forum on your airline's thread: British Airways, Easyjet, Flybe, Jet2, KLM/Air France, Lufthansa, Ryanair, Tui (formerly Thomson) & Virgin Atlantic. If your airline's not listed, let us know on this guide's discussion thread.
Some airlines have fought tooth and nail in court to try to reduce the number of passengers that can claim – and have previously put claims on hold while they went to court. There were two big issues – whether you can claim for technical faults and how far back you can claim – plus others which have cropped up. Here's the latest on four key areas:
Technical faults were a major bone of contention for both passengers and airlines. But a landmark ruling by the European Court of Justice in September 2015 finally handed victory to passengers after more than a year of court battles. The key point here is:
You CAN claim for technical problems that haven't been caused by "extraordinary circumstances". Normal technical problems such as component failure or general wear and tear should not be considered "extraordinary".
However you CAN'T claim when a manufacturer or other authority discovers a hidden defect, as this is outside the airline's control.
The key point here under UK law is:
You CAN claim for flights going back at least six years (five in Scotland) – so don't listen if an airline claims you can only go back two years.
In 2014 the UK Court of Appeal ruled in the Dawson v Thomson case that you can claim for flights going back at least six years in England and Wales. Later that year the Supreme Court, the UK's highest court, refused to hear Dawson v Thomson after Thomson Jet2 (now rebranded as Tui) tried to appeal against the Court of Appeal's decision.
In February 2017 the CAA announced it was taking action against five major airlines, American Airlines, Emirates, Etihad, Singapore Airlines and Turkish Airlines, which it claims had been "wrongly denying" claims for connecting flights.
The CAA says the airlines had been refusing to compensate passengers who bought one ticket for connecting flights, but arrived at their final destination over three hours late because a delay to their initial flight meant they missed a connection.
In October 2017 the Court of Appeal ruled in a court case which tested the issue, and came out in favour of passengers who'd tried to claim. Emirates asked for permission to appeal to the Supreme Court, but this was refused (see news story).
If you were delayed as a result of a missed connection, here's what the CAA's action means for you:
If you haven't already claimed, do so. Use our step-by-step help.
If your delayed flight was within the past six years, you claimed and were turned down by the airline, claim again. You can try going back to the airline to claim, but if you're turned down again, escalate your case to the CAA or an ADR scheme. If you've already had a claim turned down by the CAA or ADR you may not be able to escalate to them again, but you can try going back to the airline (or straight to court, though this could be tricky).
If your delayed flight was more than six years ago, it's difficult. You only have six years from the date of delay to take an airline to court, so it's highly unlikely the airline will pay out after this (though there's no harm trying anyway).
Although planned strikes by airline staff are classed as within the airline's control (and therefore any resulting flight delays are covered by UK/EU rules), it hasn't always been clear whether 'wildcat' strikes – which aren't officially organised by a trade union – were covered too.
However, in April 2018 the European Court of Justice ruled that a wildcat strike by airline staff DOESN'T count as an 'extraordinary circumstance'. This means any resulting flight delays therefore ARE covered by UK/EU rules (though other strikes, for instance by baggage handlers or air traffic control staff, still won't be).
For full details of the court ruling, see our You CAN claim for delays caused by 'wildcat' strikes MSE News story. It's worth noting Ryanair is facing enforcement action after refusing to pay strike compensation, but in the meantime follow the steps below.
If you were delayed as the result of a 'wildcat' strike, here's what you need to do now:
If you haven't already claimed, do so. Use our step-by-step help.
If your delayed flight was within the past six years, you claimed and were turned down by the airline... claim again. You can try going back to the airline to claim, but if you're turned down again, escalate your case to the CAA or an ADR scheme. If you've already had a claim turned down by the CAA or ADR you may not be able to escalate to them again, but you can try going back to the airline (or straight to court, though this could be tricky).
If your delayed flight was more than six years ago, it's difficult. You only have six years from the date of delay to take an airline to court, so it's highly unlikely the airline will pay out after this (though there's no harm trying anyway).
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Certainly in the first instance you should be writing to the airline and then to the relevant regulator or ADR scheme yourself. This is simple and free to do with our template letters – we don't think it's worth giving 30% of what you're due to a claims firm when you can do it yourself.
However we make a possible exception to this if things get tricky and court is the only option left – then it can be worth paying, especially if the thought of court action scares you. Even then though consider using a reputable solicitors' firm like Bott & Co, which has been pioneering in this field, rather than a claims management company.
Of course if you do, it means you will need to give away some of your payout. It's also worth remembering that claims firms usually only like the easy cases that you could win yourself easily without their help, so the fact that one is willing to take you on at this point is in itself a good sign.
If you weren't on a UK or EU-regulated flight (ie, a flight from a UK/EU airport or to a UK/EU airport on a UK/EU airline) then sadly you won't be covered by the UK/EU flight delay compensation scheme.
The regulator the CAA says most airlines base their terms and conditions on those recommended by the International Air Transport Association. This means that when delays happen, most airlines have a contractual obligation to offer passengers a choice between a later flight, mutually agreed alternative transport or a refund.
But to try to get compensation as well, there are still avenues you can try:
The CAA says you should first check whether the country where the airline is based has any compensation schemes similar to the UK/EU one. Failing that, check whether there are any compensation schemes in the country where the flight departed from (if it's different).
The European Consumer Centre for Services website may be able to direct you to other agencies outside the EU, for help or advice on your rights locally.
The Montreal Convention, an international agreement about flights, is more typically used to make claims for missing baggage. But you may be able to use it to make a claim for a flight delay too if your flight's not covered by the UK/EU rules.
In a nutshell, if you were on an international flight which took off from one of the countries signed up to the Montreal Convention (more than 100 are – see a full list), you might be able to claim for losses caused by a delay. You can't claim for cancellations or being bumped off a flight under this rule though.
This is about reclaiming losses rather than compensation, so you'll need to prove you've suffered a financial loss as a direct result of the delay, eg, extra car park or hotel costs. To help your claim, make sure you keep evidence of extra costs, such as receipts.
To claim, complain directly to your airline saying you wish to reclaim your cash under the Montreal Convention. If it refuses your claim, you may be able to go to an alternative dispute resolution scheme if the airline's signed up to one, or to a court – however, the CAA says it does not have any enforcement powers regarding the Montreal Convention.
It may get you nowhere, but it's worth a try anyway. Check the airline's website for its complaints procedure.
Your travel insurance policy may offer some limited cover for delays, though not all policies will. Some may pay you a lump sum based on the length of delay, while others will simply refund costs you've incurred such as hotels or alternative transport.
Here are some examples of what the major insurers provide, although whether you'll get compensation will depend on the cause of the delay:
Aviva and LV's Premier policy will give you £25 for each 12-hour period you're delayed, up to a maximum of £250.
Churchill and Direct Line will refund up to £200 in costs if you're delayed by more than 12 hours.
The Association of British Insurers says:
Most travel insurance policies will give you some cover if your flight's delayed, but this can be quite limited. Usually delay cover will only kick in if the delay was caused by adverse weather, strikes or mechanical aircraft failure.
This cover will also typically only kick in after a certain amount of time, so if the delay's over eight hours, for example. But this won't be the case for every policy, so you should check the terms of your travel insurance to see what's included.
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