AIR PASSENGER RIGHTS AFTER BREXIT
AIR PASSENGER RIGHTS AFTER BREXIT
Was your flight Delayed, cancelled or denied boarding? Find out whether UK 261 or EU 261 covers your flight and claim up to £1,040 per couple. No win, no fee. Check your claim free in minutes.
Since Brexit, UK and EU passengers are protected by two almost identical sets of rules: UK 261 and EU 261. Whichever one covers your flight, you could be entitled to up to £520 per passenger (up to £1,040 per couple) for a delay, cancellation or denied boarding. Air Delayed works out which law applies and handles your claim on a no win, no fee basis.
Know your UK 261 and EU 261 rights
- EU 261 (Regulation (EC) No 261/2004) has protected air passengers in Europe since 17 February 2005.
- UK 261 is the UK's own version of the same law. It took effect on 1 January 2021, when the Brexit transition period ended, and keeps almost all of the original protections.
- Compensation under UK 261 is paid in pounds and euros under EU 261: £220, £350 or £520 per passenger.
- You can claim if your flight arrived 3 or more hours late, was cancelled with fewer than 14 days' notice, or you were denied boarding against your will.
- Which law applies depends on where your flight departed from and which airline operated it, not on your nationality or where you bought your ticket.
- In England, Wales and Northern Ireland you have up to six years to claim under UK 261. In Scotland, it is five years.
What Are EU 261 and UK 261?
EU 261 is the European Union regulation that sets out the minimum rights passengers have when their flight is disrupted. It requires airlines to pay fixed compensation, offer refunds or re-routing, and look after passengers at the airport while they wait.
When the UK left the EU, the government chose to keep these protections. Through the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019, EU 261 was copied into UK law and adapted to work outside the EU. This retained version is known as UK 261.
In practical terms, the two laws give passengers the same rights. The main differences are:
- Which flights they cover. UK 261 focuses on flights to and from the UK, and on UK airlines. EU 261 focuses on flights to and from the EU, and on EU airlines.
- The currency of compensation. UK 261 and EU 261 use the same amounts, paid in pounds under UK 261 and euros under EU 261: £220, £350 and £520.
- Which court decisions apply. Rulings by the Court of Justice of the European Union (CJEU) made before 1 January 2021 still apply in the UK. Later rulings are not binding on UK courts, although UK judges may take them into account.
Good to know: You don't need to work out which regulation applies before making a claim. Air Delayed checks your route and airline and pursues your compensation under the correct law.
Which Regulation Covers Your Flight?
The rule that applies depends on two things: the airport you departed from and the airline that operated your flight (not necessarily the one you booked with, for example on a codeshare).
UK 261 applies to:
- All flights departing from a UK airport, with any airline
- Flights arriving at a UK airport on a UK or EU airline
- Flights arriving at an EU airport from outside the EU on a UK airline
EU 261 applies to:
- All flights departing from an EU airport (plus Iceland, Norway and Switzerland), with any airline
- Flights arriving at an EU airport from outside the EU on an EU airline
Route and Airline Examples
| Route | Operating Airline | Regulation | Covered? |
|---|---|---|---|
| London → Malaga | Any airline | UK 261 | Yes |
| Manchester → New York | Any airline | UK 261 | Yes |
| Paris → London | Any airline | EU 261 | Yes |
| Rome → Edinburgh | UK or EU airline | EU 261 and UK 261 | Yes (one claim only) |
| New York → London | UK airline (e.g. British Airways, Virgin Atlantic) | UK 261 | Yes |
| New York → London | EU airline | UK 261 | Yes |
| New York → London | US airline | None | No |
| Dubai → Amsterdam | EU airline (e.g. KLM) | EU 261 | Yes |
| Dubai → Amsterdam | UK airline | UK 261 | Yes |
| Dubai → Amsterdam | Non-UK/EU airline | None | No |
| Bangkok → Singapore | Any airline | None | No |
Important: Where both regulations could apply to the same flight, you can only be compensated once. Air Delayed will choose the route that gives you the strongest claim.
If you were flying into the UK or EU from elsewhere and already received compensation and assistance under the local law of the country you departed from, you may not be able to claim again under UK 261 or EU 261.
What Has Changed Since Brexit?
For most passengers, very little. Your core rights are the same as they were before 2021. However, there are a few changes worth knowing about:
- UK airlines are no longer "EU carriers". A flight from outside Europe into the EU on a UK airline is no longer covered by EU 261, but it is covered by UK 261 instead.
- EU airlines flying into the UK from outside Europe are covered by UK 261.
- Compensation is fixed in pounds under UK 261, so the amount you receive is no longer affected by the exchange rate.
- New EU case law does not automatically apply in the UK. The landmark pre-Brexit rulings remain in force, including:
- Sturgeon (2009), which established compensation for delays of 3 hours or more
- Wallentin-Hermann (2008) and van der Lans (2015), which confirmed that most technical faults are not extraordinary circumstances
- Krüsemann (2018), which found that "wildcat" strikes by airline staff are not extraordinary circumstances
- Enforcement is separate. UK 261 is overseen by the Civil Aviation Authority (CAA). EU 261 is enforced by national bodies in each EU country.
- Where you bring your claim matters. Any claim brought in a UK court is decided under UK 261, even if the flight took place before Brexit. EU 261 claims can still be made against UK airlines, but only through the courts of an EU member state.
UK courts have also built up their own body of case law. For example, Jet2.com v Huzar (2014) confirmed that routine technical problems are not extraordinary circumstances, and Lipton v BA CityFlyer (2021) found that crew illness is part of an airline’s normal operations.
Please note: The UK government has consulted on reforming air passenger rights, including the compensation structure for domestic flights. Air Delayed keeps track of any changes so your claim is always made under the rules in force at the time of your flight.
Flight Delay Compensation
If your flight arrived at its final destination 3 or more hours late, you may be entitled to compensation under UK 261 or EU 261. The delay is measured by the time the aircraft doors opened on arrival, not when the plane touched down.
How Much Can You Claim for a Delay?
| Flight Distance | Arrival Delay | Compensation |
|---|---|---|
| Up to 1,500 km | 3+ hours | £220 |
| 1,500 km – 3,500 km | 3+ hours | £350 |
| Over 3,500 km | 3 – 4 hours | £260 |
| Over 3,500 km | 4+ hours | £520 |
Under EU 261, flights within the EU of more than 1,500 km are placed in the middle band (£350), even if they travel further than 3,500 km.
If your flight was delayed by 5 hours or more and you decide not to travel, you are also entitled to a full refund of your ticket.
Are You Eligible?
You are likely to be entitled to compensation for a delay or cancellation if:
- Your flight is covered by UK 261 or EU 261 (see the route table above)
- You arrived at your final destination 3 or more hours late, or were told about a cancellation fewer than 14 days before departure
- You had a confirmed booking and checked in on time (usually no later than 45 minutes before departure, unless the airline set a different deadline)
- The disruption was within the airline's control, for example a technical fault or crew sickness
- The flight took place within the last six years (five years in Scotland)
Good to know: Accepting meal vouchers or a hotel room from the airline does not reduce your compensation. Care and assistance are a separate right.
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Flight Cancellation Compensation
When your flight is cancelled, the airline must offer you a choice between:
- A full refund of your ticket, paid within seven days, and
- A replacement flight to your destination at the earliest opportunity, or at a later date that suits you.
You may also be entitled to compensation of £220 to £520 if you were told about the cancellation fewer than 14 days before departure, and the cancellation was within the airline’s control.
| Notice Given | Replacement Flight | Entitled to Compensation? |
|---|---|---|
| More than 14 days | Any | No |
| 7 – 14 days | Departs no more than 2 hrs earlier and arrives less than 4 hrs later | No |
| 7 – 14 days | Departs more than 2 hrs earlier or arrives 4+ hrs later | Yes |
| Less than 7 days | Departs no more than 1 hr earlier and arrives less than 2 hrs later | No |
| Less than 7 days | Departs more than 1 hr earlier or arrives 2+ hrs later | Yes |
| Less than 14 days | No replacement flight offered | Yes |
If your replacement flight gets you to your destination only slightly later than planned, the airline may reduce your compensation by 50%.
Denied Boarding and Overbooking
If you were refused boarding because the flight was overbooked, and you had a valid ticket and checked in on time, you are entitled to compensation straight away. The amounts are the same as for delays and cancellations, and the airline must also offer you a refund or replacement flight.
Airlines must first ask for volunteers to give up their seats in exchange for agreed benefits. If you volunteer, you agree your own terms with the airline and the standard compensation does not apply.
You are not entitled to compensation if boarding was refused for reasonable grounds, such as health, safety or security reasons, or missing travel documents.
Downgrading
If you were moved to a lower class than the one you paid for, for example from business class to economy, the airline must refund part of your ticket price:
| Flight Distance | Refund of Ticket Price |
|---|---|
| Up to 1,500 km | 30% |
| 1,500 km – 3,500 km | 50% |
| Over 3,500 km | 75% |
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Your Right to Care and Assistance
Whilst you are waiting at the airport, the airline must look after you once your delay reaches a certain length:
| Flight Distance | Delay Before Care Applies |
|---|---|
| Up to 1,500 km | 2 hours or more |
| 1,500 km – 3,500 km | 3 hours or more |
| Over 3,500 km | 4 hours or more |
This care includes:
- Meals and refreshments in reasonable proportion to the waiting time (usually provided as vouchers)
- Two free telephone calls, emails or messages
- Hotel accommodation and transfers if an overnight stay becomes necessary
These rights apply even if the disruption was caused by extraordinary circumstances. If the airline fails to provide care, keep your receipts. Reasonable costs can be reclaimed from the airline.
When Airlines Do Not Have to Pay Compensation
Under both UK 261 and EU 261, airlines do not have to pay compensation if the disruption was caused by extraordinary circumstances: events beyond their control that could not have been avoided even if every reasonable measure had been taken.
| Cause of Disruption | Extraordinary Circumstance? | Compensation Claimable? |
|---|---|---|
| Severe weather (storms, heavy snow, dense fog) | Yes | No |
| Air traffic control restrictions or strikes | Yes | No |
| Airport staff or security strikes | Yes | No |
| Security threats or political unrest | Yes | No |
| Bird strike | Yes | No |
| Hidden manufacturing defect identified by the aircraft maker | Yes | No |
| Routine technical fault | No | Yes |
| Crew shortage or illness | No | Yes |
| Strike by the airline’s own staff | No | Yes |
| Knock-on delay from an earlier flight caused by the airline | No | Yes |
Even where extraordinary circumstances apply, the airline must show that it took all reasonable measures to limit the disruption, such as trying to re-route you promptly. If it didn’t, you may still have a claim.
What About Brexit-Related Disruption?
Airlines sometimes blame delays on Brexit, for example new air traffic management rules, border checks or slot restrictions. Some of these may count as extraordinary circumstances. However, a reference to Brexit is not enough on its own. The airline still has to prove that the disruption could not have been avoided even with all reasonable measures in place. Problems the airline could have planned for, such as staffing shortages, remain its responsibility.
Ready to claim? Don't let your airline off the hook, you deserve compensation.
Business Travel: Who Can Claim?
If your flight was disrupted whilst travelling for work, the compensation belongs to you, the passenger, not your employer. This is the case even if your company paid for the ticket.
How Long Do You Have to Claim?
Under UK 261, the time limit depends on where in the UK you bring your claim:
- England, Wales and Northern Ireland: up to six years from the date of the flight
- Scotland: up to five years from the date of the flight
The six-year limit in England and Wales was confirmed by the Court of Appeal in Dawson v Thomson Airways (2014).
For claims under EU 261, the time limit is set by the national law of the country where the claim is brought, and it differs between EU member states. Some are much shorter than the UK’s, so it is worth claiming as soon as possible. Air Delayed will check the deadline that applies to your flight.
Your Air Delayed Checklist for UK 261 and EU 261 Claims
Use this checklist to give your claim the best chance of success:
- Keep your travel documents. Your boarding pass, e-ticket and booking confirmation all help prove you were on the flight.
- Note the operating airline. On codeshare flights, the airline that actually flew the aircraft decides which regulation applies.
- Ask for the reason in writing. Request written confirmation of the delay or cancellation and its cause from airport staff.
- Record your arrival time. A photo of the arrivals board or a note of when the doors opened can be useful evidence.
- Claim your right to care. Ask for meal vouchers, and hotel accommodation if you're stranded overnight.
- Keep every receipt. Meals, taxis, hotels and other reasonable costs may be reclaimable.
- Don't accept a voucher in place of a cash refund unless you genuinely want one. You are entitled to your money back.
- Submit your claim through Air Delayed. Our free checker tells you in minutes whether UK 261 or EU 261 applies and how much you could receive. We handle everything from there, including legal action if needed.
Other airlines we can help you claim compensation from:
Other airports we can help you claim compensation from:
Your questions, answered
EU 261 is the EU regulation protecting air passengers. UK 261 is the UK's retained version of it, in force since 1 January 2021. The rights are almost identical. The main differences are which flights each one covers, and that UK 261 compensation is paid in pounds whilst EU 261 compensation is paid in euros.
Yes. The UK kept the protections of EU 261 in UK law as UK 261. If your flight departed from the UK, or arrived in the UK on a UK or EU airline, you are covered.
Flights departing from the UK are covered by UK 261, whichever airline you fly with. If the flight was operated by an EU airline, EU 261 may also apply, but you can only be compensated once.
Flights departing from an EU airport are covered by EU 261, whichever airline operated them. If you flew with a UK or EU airline, UK 261 may also apply.
Yes, if the flight was operated by a UK or EU airline. For example, a delayed British Airways flight from New York to London is covered by UK 261. A delayed flight on the same route with a US airline is not.
Depending on the distance of your flight, you can claim £220, £350 or £520 per passenger. On flights over 3,500 km that arrive between 3 and 4 hours late, the amount is £260.
Under EU 261, compensation is £220, £350 or £520 per passenger, depending on the flight distance. On long-haul flights arriving between 3 and 4 hours late, the amount is £260.
No. Compensation is a fixed amount based on flight distance and delay length. It doesn't matter whether you paid £30 or £3,000 for your ticket.
Children with their own paid seat are entitled to compensation in the same way as adults. Infants travelling free of charge on a parent's lap are generally not eligible.
Yes. Flights booked as part of a package holiday are covered by UK 261 and EU 261 in the same way as standalone flights. You may also have separate rights against your tour operator.
Yes, if all flights were booked together under a single booking reference. What counts is your delay at your final destination. If that delay is 3 hours or more and the disruption was within the airline's control, you are likely to be entitled to compensation. Flights booked separately are treated as individual journeys.
Yes, but only through the courts of an EU member state, and only for a flight that EU 261 covers, such as a departure from an EU airport. Claims brought in the UK are decided under UK 261. Air Delayed will choose the route that gives you the best chance of success.
Yes. You can still claim for flights within the time limit. If the claim is brought in the UK, it will be decided under UK 261, which gives you the same rights you had under EU 261 at the time.
Usually not. Courts in both the UK and EU have confirmed that technical problems arising from the normal operation of an aircraft are the airline’s responsibility. Only rare cases, such as a hidden manufacturing defect, are likely to count as extraordinary.
It depends on who is striking. Strikes by an airline’s own staff are generally not extraordinary circumstances, so you can usually claim. Strikes by air traffic controllers or airport workers are outside the airline’s control, so compensation is unlikely, although care and assistance must still be provided.
Airlines often reject valid claims, sometimes citing extraordinary circumstances that don't apply. Air Delayed will challenge the decision and, where necessary, take the case to court, all on a no win, no fee basis.
Under UK 261, you have up to six years in England, Wales and Northern Ireland, and up to five years in Scotland. For EU 261 claims, the deadline depends on the EU country where the claim is brought, and can be shorter.
Your boarding pass or e-ticket, booking confirmation and any messages from the airline about the disruption. Receipts for meals, transport or accommodation help if you are claiming expenses as well.