The European court of justice ruling and its impact

In October 2012, the European Court of Justice made a landmark ruling, opening the door for widespread compensation in cases of extended flight delays. This decision solidified passengers’ rights to claim compensation if certain conditions are met.

In the UK, despite the end of the Brexit transition, these rules remain in force, as EC 261 has been adopted into UK law under the UK 261 directive.

EU flight compensation – it’s not just for EU citizens

EC 261 applies to almost all flights within Europe, those departing from an EU airport, or flights operated by an EU-based airline, even if departing from outside the EU. So, if you’re flying between two European countries or to/from an EU-regulated country, you’re covered by EC 261.
Importantly, you don’t have to be an EU citizen to make a claim for compensation.

The Montreal Convention: a global framework for flight delays

The 2003 Montreal Convention, recognized by over 130 countries, including the US, sets out air passenger rights in the event of disruptions like delays. It covers “damages” caused by flight disruptions, such as unexpected hotel stays due to delays. For more information about the Montreal Convention, check out this LINK.

The 2003 Montreal Convention, recognized by over 130 countries, including the US, sets out air passenger rights in the event of disruptions like delays

Know your rights during flight delays

If you’re stuck at the airport due to a delayed or canceled EU or UK flight, here’s what you need to be aware of:

• Stay updated –
  Your airline is responsible for keeping you updated. Be sure to frequently check the airline’s check-in desks, website, mobile app, social media channels, and the email associated with your booking for the latest information.
• Food and drink entitlements –
  For delays over 2 hours on short-haul flights, 3 hours on medium-haul, or 4 hours on long-haul, the airline must provide food, drink, or vouchers. If they don’t, save receipts for reasonable purchases to claim back later.
  
• Accommodation rights –
  If the delay forces an overnight stay, you’re entitled to hotel accommodation and transport to and from the hotel. If the airline doesn’t provide these, you can book a reasonably priced hotel and claim the cost back.
• Communication costs –
  Airlines often reimburse any necessary call expenses you incur due to delays.
  It’s important to closely monitor these types of expenses and avoid letting them spiral out of control.
  
• Evidence –
  Always keep a record of the reasons for the delay or cancellation, and save any relevant emails, notifications, or screenshots. These will help support your compensation claim if needed later.

Your additional rights for EU/UK flight delays

Under EC 261, you have rights beyond just the right to care, especially if the delay is tied to a flight cancellation. Below is a summary of your additional entitlements:

Exceptional situations: when airlines aren’t required to compensate

Airlines can avoid liability for delays caused by extraordinary circumstances like severe weather, airport staff strikes, or acts of terrorism. However, in 2021, the European Court of Justice ruled that airlines are responsible for compensating passengers affected by delays due to airline staff strikes.

Denied claims? Don’t give up – we’re here to help

If your claim is rejected or stalled by the airline, it doesn’t necessarily mean the case is closed. If you feel your claim is valid, you can take it to the relevant regulatory authority, though response times can be slow as these are government agencies.
If this doesn’t resolve the issue, going to court is an option, but consider whether it’s worth the time and effort.

Going to court is an option, but consider whether it’s worth the time and effort.

Alternatively, you can hand over your case to a service like AirClaimExperts and let us handle everything for you!