The secret EU law that could net you over £500 for a delayed or cancelled flight, and when you can use it

Under EU law EC 261, if a flight is delayed by more than three hours, cancelled, or in an instance of denied boarding, passengers could be entitled to financial compensation of up to 600EUR (approx. £530) per person if the cause of the disruption was in the airline’s control. The airline is only exempt when the disruption was caused by an ‘extraordinary circumstance’, one that is truly outside of the airline’s control such as extreme weather. Sounds pretty straight forward, right? 

Here lies the issue – new research from YouGov, commissioned by air passenger rights organisation, AirHelp, has revealed UK passengers are the most misinformed in Europe; 85% are unaware of their air passenger rights and two-thirds (66%) have never been informed of their legal right to claim compensation by the airline during a disruption.

Added to this is the complexity of the ‘extraordinary circumstance’ clause, and it’s no wonder passengers feel misinformed and confused about their rights. 

Paloma Salmeron, air passenger rights expert at Airhelp, debunks the myths of EU law EC 261 and answers passengers’ most pressing questions.

Can I claim compensation…?

1. For an airline staff strike?
Yes. In 2018 the European Court of Justice ruled that strikes by flight staff do not constitute an ‘extraordinary circumstance’, airlines are accountable for the actions of their employees. Regardless of whether there is eligibility for compensation, airlines have a Right to Care to passengers who are stranded at an airport for more than two hours, which includes the provision of food, drink, communication, and accommodation.

2. For an airline technical or operational issue?
Yes. Airlines must adhere to strict safety procedures which means ‘technical issues’ should be identified and prevented during routine checks and maintenance. Although it is rare to find a technical related issue that is still classed as an extraordinary circumstance, airlines are commonly using this reason to wrongly convince passengers that the delay or cancellation was out of their control.

3. If there is a crew or pilot shortage?
Yes. It is the airlines’ responsibility to ensure measures are in place to avoid crew or pilot shortages. A crew sickness, for example, is not an extraordinary circumstance that would free the airline from its obligation to compensate.

4. On a child’s ticket?
Maybe. If you pay for an extra seat for your child and they are over two-years’ old, it’s likely you have an eligible compensation claim. The European regulation doesn’t specify whether children without a paid ticket are eligible for compensation or not. However, in recent AirHelp court cases against Thomas Cook and Ryanair, the judges ruled that infants under two-years’ old should be covered by EC261 if their parents had to pay any costs (e.g. Air Passenger Duty) for the child.

5. If the delay or cancellation is caused by bad weather?
Maybe. Flights delayed due to weather are not usually eligible for compensation, which has led some airlines to overuse the excuse in order to alleviate themselves from paying compensation to the passenger. A flight delayed due to weather conditions that are bad but not incompatible with the normal operation of a flight, may therefore be eligible for compensation. The complexity of this cause means each ‘bad weather’ case must be examined individually. It’s often easier and quicker to seek the advice of a legal specialist in air passenger rights.

6. If the delay or cancellation happened seven-years’ ago?
No. But, under UK law, in order to be eligible for compensation, you need to have encountered the flight delay or cancellation no more than six years ago.

7. If I’ve received a refund for my flight ticket?
Yes. Regardless of whether you receive a refund, you will still be entitled to further compensation. It is important to remember that there is a distinction between a flight cancellation refund and flight cancellation compensation and they are not to be confused or used interchangeably. Whereas a refund is about returning the money you spent on a flight ticket, compensation is focused on awarding you money for the loss and suffering endured from a flight mishap.

8. If I arrive at my destination 1 hour later than scheduled?
No. In most cases, in order to be eligible for compensation, the plane must arrive at its destination more than three hours later than planned.

9. If I experience a delay on a connecting flight?
Yes. In 2019, the European Union expanded its protections for air passengers whose flights are delayed or canceled by their airline to include connecting flight delays on the same reservation—even if they are operated by non-E.U. airlines. If the delay occurs outside of the E.U a compensation claim can still be made as long as the trip started in the E.U and is under the same booking.

“Travellers are often unaware that in many instances, airlines are legally and financially responsible for flight issues. In comparison to other legal statutes regarding passenger rights, EC 261 is one of the most comprehensive. This important piece of legislation plays a vital role in advocating for air travellers and passenger rights at large,” comments Salmeron.

“EC 261 is in place to empower passengers and should not be manipulated by airlines in order to alleviate themselves from paying compensation. Airlines are only exempt from paying compensation to passengers by first, proving that the cause of the delay or cancellation could not be avoided and secondly, proving they took all reasonable measures to prevent the non-operation of the flight on time. “Due to the complex nature of claims processing, AirHelp is committed to supporting passengers in receiving the money they are rightfully owed. We take airlines to court if they wrongfully reject passenger claims and don’t comply with the law.

“AirHelp advises passengers who experience a delay or cancellation to ask for a full explanation as to the cause and to keep hold off all travel documents as these are crucial if their claim needs to be escalated with legal assistance. Due to the complexity of some of these clauses, passengers can find it quicker and easier to claim by seeking the advice of a legal specialist”.