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CClaim Type Guides10 min readUPDATED 09 APR 2026NEW

How to Claim Flight Delay Compensation

Complete guide to claiming compensation for flight delays and cancellations under EC Regulation 261/2004. Includes what you can claim and how to make your case.

CP
CourtPilot legal team
Reviewed by a UK solicitor
FOR ENGLAND & WALES·CPR-ALIGNED

Step-by-step

1

Check if you qualify

Your flight must have departed from the UK/EU or arrived in UK/EU on a UK/EU airline, and been delayed 3+ hours or cancelled.

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Tip: Even flights booked years ago can be claimed if within 6 years.
2

Gather flight evidence

Collect your booking confirmation, boarding pass, and evidence of the delay or cancellation. Note actual arrival time.

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3

Claim from the airline

Submit a claim directly to the airline first. Use their official complaints process.

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4

Escalate to ADR or CAA

If rejected, use the airline's ADR scheme (if they have one) or complain to the CAA.

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5

Send letter before claim

If still unresolved, send a formal letter before claim giving 14 days to pay.

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6

File court claim

File via Money Claim Online. Include the statutory compensation amount plus any additional losses.

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Understanding Flight Compensation Rights

Under EC Regulation 261/2004 (retained in UK law), passengers are entitled to compensation for significant flight delays and cancellations that are within the airline's control.

Common scenarios:

  • Flight delayed by 3 or more hours
  • Flight cancelled without sufficient notice
  • Denied boarding due to overbooking
  • No refund issued for cancelled travel

Eligibility:

  • Flights departing from UK or EU airport, OR
  • Flights arriving in UK/EU on a UK/EU airline
  • Delay of 3+ hours at final destination
  • Cause within airline's control (not "extraordinary circumstances")

What You Can Claim

Statutory compensation (fixed amounts):

  • Short haul (under 1,500km): £220 (€250)
  • Medium haul (1,500-3,500km): £350 (€400)
  • Long haul (over 3,500km): £520 (€600)

Additional claims:

  • Meals and refreshments not provided
  • Hotel accommodation if overnight delay
  • Transport between airport and hotel
  • Communication costs (calls, emails)
  • Consequential losses (e.g., missed connections, lost hotel bookings)

Not "extraordinary circumstances":

Technical faults, crew shortages, and most operational issues are NOT extraordinary circumstances - you can claim. Weather, strikes, and air traffic control issues often are extraordinary.

Evidence You Need

Essential evidence:

  • Booking confirmation
  • Flight delay/cancellation notices from airline
  • Boarding pass (or proof of check-in)
  • Evidence of actual arrival time

Helpful evidence:

  • Receipts for expenses incurred
  • Screenshots of flight status
  • Correspondence with airline
  • Travel insurance policy (may cover some losses)

Tips:

  • Screenshot flight status boards showing delays
  • Get written confirmation of delay reason from airline staff
  • Keep all receipts for food, transport, accommodation

Common Airline Defences

"Extraordinary circumstances"

Airlines often claim extraordinary circumstances to avoid paying. However, courts have ruled that many things are NOT extraordinary:

  • Technical faults (unless caused by hidden manufacturing defect)
  • Bird strikes (generally)
  • Staff sickness
  • Crew rostering issues

Things that ARE extraordinary:

  • Severe weather preventing safe flight
  • Air traffic control strikes
  • Security threats
  • Political instability at destination

Your response:

Ask the airline to provide evidence of the extraordinary circumstance. Generic claims are not sufficient.

Frequently asked questions

How long do I have to claim flight compensation?

In England and Wales, you have 6 years from the date of the flight. In Scotland, it is 5 years. Many people successfully claim for flights that happened years ago.

What if the airline says it was "extraordinary circumstances"?

Ask them to provide specific evidence. General statements are not enough. Technical faults are NOT extraordinary circumstances according to court rulings. If they cannot prove it, you can proceed with your claim.

Can I claim for a package holiday flight?

Yes. You can claim against the airline for delay compensation. You may also have additional rights against the package organiser under the Package Travel Regulations for disruption to your holiday.

What about connecting flights?

If you had a single booking with connecting flights and missed your connection due to a delay on the first flight, your delay is measured by when you arrived at your final destination. You can claim for the total delay.

Do I need to use a claims company?

No. You can claim directly and keep 100% of the compensation. Claims companies typically take 25-35% plus VAT. The process is straightforward, especially for clear-cut delays.

Can I claim if I accepted vouchers from the airline?

Accepting vouchers for expenses (meals, hotels) does not waive your right to compensation. However, if you accepted vouchers specifically in settlement of your compensation claim and signed a waiver, you may have difficulty claiming again.

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Legal disclaimer

This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.

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