Air Passenger Rights in the UK

Air passenger rights in the UK are protected.

If your flight is delayed, cancelled, overbooked, the travel agency you’ve booked your holiday has bankrupted, or if your holiday has been cancelled, you are protected in all of these situations. Things haven’t gotten any worse also after Brexit, as the United Kingdom has put laws in place to replace EU Flight Compensation Regulation 261/2004 — Regulation UK261. Just like its EU counterparts, it’s a set of rules created to protect air passenger rights. 

Thanks to the Regulation UK261, you are still protected against delays, cancellations and denied boarding when travelling to and from the UK, as well as within the country.

Regulation UK261

In which situations does the Regulation UK261 apply?

The new UK Regulation applies to:

• All flights within the UK no matter what airline;
• All flights departing from the UK, regardless of the airline you are travelling on and destination;
• All flights landing in the UK, if the operating airline is a UK or EU airline;
• All flights landing in the EU, if the operating airline is a UK airline;
• Both scheduled and charter flights.

You are protected (no change):

• If your flight is delayed for 3 or more hours,
• If your flight is cancelled last-minute or not more than 2 weeks before the date of departure,
• If you are denied boarding due to flight overbooking.

It also gives you a right to care from airline in certain situations.

In the United Kingdom, compensation claims are valid for up to 6 years. That means you can claim compensation up to 6 years after the date of the flight. If you have encountered any of these issues, just make sure to file a compensation claim (here are all the possible scenarious; rules are the same with different airlines, not only easyJet).

Here Are All the Possible Scenarious

Your flight is with a UK airline (for example, easyJet):

	Regulation UK261	Regulation EC261/2004
EU – EU	✓	✓
EU – UK	✓	✓
EU – Third Country	✓	✓
UK – EU	✓	–
UK – UK	✓	–
UK – Third Country	✓	–
Third Country – EU	✓	–
Third Country – UK	✓	–

Your flight is with a EU airline:

	Regulation UK261	Regulation EC261/2004
EU – EU	–	✓
EU – UK	✓	✓
EU – Third Country	–	✓
UK – EU	✓	✓
UK – UK	✓	–
UK – Third Country	✓	–
Third Country – EU	–	✓
Third Country – UK	✓	–

Your flight is with other airline (non-EU, non-UK):

	Regulation UK261	Regulation EC261/2004
EU – EU	–	✓
EU – UK	–	✓
EU – Third Country	–	✓
UK – EU	✓	–
UK – UK	✓	–
UK – Third Country	✓	–
Third Country – EU	–	–
Third Country – UK	–	–

Right to Care

When your flight falls under the new UK Regulation, your flight is protected. In case of flight delay, cancellation or overbooking, you are entitled to certain services. If your flight is delayed for more than 3 hours or cancelled last-minute, or you have been denied boarding, you may end up waiting at the airport until your delayed/new flight departs. In such cases, you are entitled to receive certain services for free.

Here is what the airline must offer you:

• Free meals and drinks in a reasonable relation to the waiting time,
• Free hotel accommodation, if a stay of one or more nights is necessary,
• Two free phone calls, e-mails or faxes.

There are exceptions, but in most cases you’ll be getting your first free meal if you have to wait 3 hours. Usually it is offered in form of coupons, that you can exchange at the airport cafes or restaurants. All passengers are entitled to these services, no matter the nationality, the airline they are travelling with or price of their ticket.

Reason behind the problem doesn’t matter. It doesn’t matter what’s the reason for delay or cancellation. You are entitled to receive care from the airline, even if your flight is delayed or cancelled due to bad weather.

Extraordinary Circumstances

There are situations in which you can’t get compensation. 

If your flight is cancelled or delayed due to “extraordinary circumstances,” you are not entitled to UK flight compensation. These are events that happen outside of an airline’s sphere of control. 

These are so called “force majeure” events, such as:

• bad weather
• security risks
• terrorism
• political or civil unrest
• air traffic management decision
• hidden manufacturing defects
• strikes unrelated to the airline

As you can see, only hidden manufacturing defects are listed under “extraordinary circumstances”. That’s because other technical problems with airplane are not considered extraordinary circumstances. 

Technical Problems and Other Preventable Issues

Only hidden defects are considered “extraordinary circumstances”. Other technical problems aren’t. It means, if your flight is cancelled due to technical problems with an aircraft or other preventable issues, you may be eligible to compensation. 

Situations when you can get UK flight compensation:

• operational circumstances
• different technical issues with the aircraft
• problems related to airline’s computer system
• late incoming aircraft
• missing aircraft
• sick crew
• not enough staff
• pilots unfit to fly
• overworked crew members
• an unplanned, unannounced strike of employees

If your flight has been delayed or cancelled because any of these reasons, file a claim for compensation. You may be entitled to flight compensation up to £520 per passenger. If you do it with a flight compensation company, it’s super easy.

How Much Can You Claim?

Flight compensation depends on the distance of your flight.

When your destination is within the EU/UK:

When your destination is outside the EU/UK:

There is one exception. If the distance of your flight is greater than 3,500 kilometres, and you reach your destination 3 or 4 hours later than planned (not more than 4 hours), you will receive £260 instead of £520 (50% of the full compensation amount). If the delay is longer than 4 hours, you will get full compensation of £520.

Flight Cancellations and Refunds

The rules regarding flight cancellations are very specific. If your flight has been cancelled, the airline has to offer you one of these options:

• new flight to your destination, as soon as possible;
• OR a full refund to your bank account.

You can choose either. If you do not wish to travel anymore, or the new flight doesn’t fit your travel plans, you may choose a full refund. The refund must be paid within 7 days, and the money must be transferred to your bank account. You don’t have to accept any vouchers.

ATOL (Air Travel Organiser’s Licence)

In the UK package holidays are covered by ATOL.

It stands for Air Travel Organiser’s Licence. Well, of course, if you have booked a holiday from a licensed tour company. Because otherwise it doesn’t apply to you. In the UK, all travel companies selling package holidays are required to hold this certificate / licence (ATOL).

You can learn more about ATOL here.

Featured photo by Gustavo Fring from Pexels