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Flight claims EC 261/2004

What is Delayed Flight Compensation?

Flight delay compensation, created through EC 261/2004 initially only allowed for compensation to be awarded for individuals who are denied boarding or their flight has been cancelled. Through case law, this extended the regulation to include delayed flight compensation. On this page, we will explain how to make a claim. We will also discuss the different elements of a delayed flight claim.

Flight delay Compensation – EC 261/2004 “No Win No Fee”

When can you claim compensation for a delayed flight under EC 261/2004?

If your journey has been disrupted you can make a compensation claim when:
Your flight has been…

Flight delay compensation for delayed flight

If your flight suffers a delay and you arrive at your final destination more than three hours later than scheduled.

You are not entitled to compensation if your flight suffered a delay due to extraordinary circumstances.

Flight delay compensation for being denied boarding

“Denied boarding” is when an airline refuses to carry passengers on a flight, although they have presented themselves for boarding.

You are entitled to compensation except where there are reasonable grounds to deny boarding passengers, such as reasons of health, safety or security, or inadequate travel documentation.

Flight delay compensation for cancelled flight

If your flight suffers a cancellation, you are entitled to flight delay compensation under EC 261/2004 unless;

– you have been informed of the cancellation at least two weeks before the scheduled time of departure; or

– you have been informed of the cancellation between two weeks and seven days before the scheduled time of departure and were offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or

– you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival.

You are not entitled to flight delay compensation if your flight was cancelled due to extraordinary circumstances.

Can I claim? Check to see if you are able to make a claim!

flight claim checker

Flight delay compensation – How we have helped so far! 

Flight delay Claims won

passengers helped

Flight delay Compensation recovered

How much flight delay compensation can you claim?

Flight DistanceLess than or equal to 1500kmGreater than 1500km and flying from one EU country to anotherany other flights between 1500km and 3500kmany other flights Greater than 3500kmany other flights Greater than 3500km but the delay is Greater than 3 hours but less than 4 hours
Compensation Awarded€250€400€400€600€300

The amount of compensation claimable depends on the distance of your flight. For long haul flights, the level of compensation also depends on the length of the delay.

This is what EC 261/2004 says you are entitled to.

€250 per person

for flights of 1500 kilometres or less (short haul)

€400 per person

For intra-Community flights of more than 1500 kilometres. 
For all other flights between 1500 and 3500 kilometres; (medium haul)

€300 per person

For non intra-Community flights over 3500 km where the disruption  to the flight is more than 3 hours but less than 4, upon the arrival at the destination

€600 per person

For non intra-Community flights over 3500 km where the disruption to the flight is more than 4 hours.

Our fees 
We operate on a ‘No Win, No Fee’ basis. If successful we charge 25% + £25 per person +  VAT 

Can you claim?
Want to see if you have a right to flight delay compensation first before submiting a claim?
Click the on the icon above to use our flight delay compensation claim checker.

To submit a claim click the icon above to complete our EC 261/2004 claim form. 

Before completing our claim form please make sure you read our Privacy Policy and Terms and Conditions for flight delay compensation claims.

Privacy PolicyTerms and Conditions

To see the claim form please click the button below

Go to Claim form

Want to read our full guide on Flight delay compensation?

If you would like more information about what to do if your flight is delayed, cancelled or you are denied boarding. Please click the button below

Click here

Flight Delay Compensation Claim Form

If you would like to instruct us to work on your flight claim, please complete the form below

Your Details

People in your party that you would like to include in your claim

Flight Information

If you do not have this to hand please put TBC in the box

Travel disruption

Agreement

https://www.butterworths-solicitors.co.uk/privacy-policy/
https://www.butterworths-solicitors.co.uk/flight-delay-compensation-ec-261-2004/flight-claims-terms-of-business-and-no-win-no-fee-agreement/

Can anyone make a flight delay compensation claim?

The short answer is no, Under the Regulation EC 261/2004, to be applicable for the compensation you must fit into the scope of the regulation.

The scope says that you must fit into the following criteria to be covered by the regulation.


1. The passenger must be departing from a from an airport located within the territory of a member state covered by the regulation. Or;

2. The passenger must be departing from an airport outside of the territory and flying with a community carrier.

3. The passenger must have a confirmed reservation on the flight.

4. The passenger must have presented themselves for Check-in when stipulated by the airline. If no check-in time specified by the airline, then the passenger must check-in 45 minutes before the scheduled time of departure.

5. If the passenger has travelled free of charge, then they will not be covered by the regulation unless they have travelled free of charge by utilising their rewards from a frequent flyer programme.

6. If the passenger has travelled at a reduced price that is not available directly or indirectly to the public, such as airline staff discounts, the regulation for delayed flight compensation will not apply.

7. The passenger must by travelling by motorised fixed-wing aircraft.

As long as you fit these categories, you will be covered by the regulation. However, this does not mean that you will be entitled to delayed flight compensation.

For examples of when may or may not be covered by the regulation, please see the examples below.

Examples of when EC 261/2004 applies to passengers.

Airline = British Airways
Departure Airport = Manchester
Arrival Airport= Dubai
Flight was within the last 6 years.

Airline = British Airways
Departure Airport = Abu Dhabi
Arrival Airport= Dubai
No connection flight to the UK

Airline = Emirates
Departure Airport = Manchester
Arrival Airport= Dubai
Flight was within the last 6 years.

Airline = Emirates
Departure Airport = Dubai 
Arrival Airport = Manchester 
Flight was within the last 6 years.

How do we process your Flight Delay Compensation Claim?

Step 1 – Processing your flight delay compensation

The first step is to notify the Airline that you want to claim compensation for your disrupted journey.

We will also be informing the airline that you have instructed us to do this on your behalf.

Within this letter, we will want to put as much information as possible. Therefore if you have any expenses that you have proof of, or anything else you would like us to raise with the airline, please make sure we have this information so we can include this within this initial letter. We will then give the airline 28 days to respond.

Start your claim
Step 2- Processing your flight delay compensation

The airline will do one of three things at this point;
– Deny the  claim, (Your claim can be denied for a number of reasons for more information on denials please see below)
– Make an offer; or
– Not respond.
As states in step 1 From the date, we send the initial letter we ask the airline to respond within four weeks however at peak times such as Easter and Summer it can take airlines up eight weeks to respond to each letter.

Start your claim
Step 3- Processing your flight delay compensation

Review the airlines response

What happens if the airline denies your claim?

If the airline denies the claim, they will either supply evidence or not. Either way, we will review your file to see if the denial has any credibility. We will then decide on whether your case has reasonable prospects to continue, or whether your case has no chances of success. If we believe your claim is likely to succeed, we will request that the airline must send sufficient evidence to support their denial or raise payment.

What happens if the airline offers to pay your claim?

If the airline makes, an offer, we will review the offer to ensure that the airline is willing to pay the correct amount of compensation that you are due. If the offer is accepted, it usually takes approximately four weeks for us to receive the payment from the airline.

What happens if the airline doesn’t respond to your flight delay compensation claim?

If the airline fails to respond to our initial letter, they will then review your claim for the prospects of success. We will then look to commence court proceedings if your case is applicable.

Start your claim

Step 4 – Processing your flight delay compensation

If the airline has not responded to our initial letter for flight delay compensation or a follow-up letter, or if they have made an offer but failed to make payment. We will commence court proceedings on your behalf.

Will commencing court proceedings cost more in fees?


No, this will not affect the amount of fees you have to pay. This is all covered within our ‘No win, no fee’ Agreement.

Start your claim

How do you make a compensation claim directly against the airline?

How to make a flight delay compensation claim

Some airlines have edited their General Terms and Conditions. Within these Conditions it will state that you must submit the initial request for compensation to them directly. However, they have likely forgotten to tell you this when the disruption to your travel occurred.

Please click the Name of your airline below and we will take you through the process of how to submit a claim to them directly. This should be relatively straightforward and should only take two to five minutes.

Ryanair

How to make a flight delay compensation claim against Ryanair?

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Easyjet

How to make a flight delay compensation claim against Easyjet?

GET STARTED

Virgin

How to make a flight delay compensation claim against Virgin?

GET STARTED

British Airways

How to make a flight delay compensation claim against British Airways?

GET STARTED

Emirates

How to make a flight delay compensation claim against Emirates?

GET STARTED

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