Airlines and package holiday operators bank on passengers not knowing their rights — or finding the claims process too daunting to pursue. The reality is that UK law gives you clear, enforceable rights when a flight is significantly delayed, cancelled, or overbooked, and when a package holiday falls short of what was promised. This guide explains exactly what you are owed, and how to collect it.
UK261 (Formerly EU261) — When It Applies
UK Regulation 261/2004 (known as UK261, the domestic successor to the EU regulation that applied before Brexit) gives passengers the right to fixed compensation when flights are significantly disrupted. It applies when:
- Your flight departed from a UK airport on any airline
- Your flight arrived at a UK airport on a UK or EU airline (e.g. British Airways, Ryanair, easyJet, Wizz Air)
- You have a confirmed booking and checked in on time
UK261 covers three scenarios: delays of 3 or more hours at your final destination, cancellations where you were given less than 14 days' notice, and denied boarding due to overbooking.
Post-Brexit note: EU261 still applies to flights on EU-based airlines arriving in EU countries. If you flew Ryanair (Irish) from Madrid to Paris, EU261 still applies. UK261 applies to flights departing from the UK on any airline, and to UK/EU airline arrivals into the UK.
Compensation Amounts Under UK261
The fixed compensation amounts are based on the distance of the flight, measured between the departure and arrival airports:
| Flight Distance | Compensation Amount |
|---|---|
| Under 1,500 km | £220 per passenger |
| 1,500 km to 3,500 km | £350 per passenger |
| Over 3,500 km (delay 4+ hours) | £520 per passenger |
| Over 3,500 km (delay 3–4 hours) | £260 per passenger |
These amounts are per passenger, not per booking. If you travelled with three people and your flight was delayed 4 hours on a 2,000 km route, the airline owes you a total of £1,050.
Extraordinary Circumstances — What Airlines Falsely Claim
Airlines are not required to pay compensation if the delay was caused by "extraordinary circumstances" — events beyond their control that could not have been avoided even if all reasonable measures had been taken. Genuine extraordinary circumstances include severe weather events, air traffic control strikes, security threats, and political instability.
However, airlines routinely misuse this exemption. The following are not extraordinary circumstances, no matter what the airline claims:
- Technical faults and mechanical problems — these are part of operating an airline
- Crew shortages or crew duty time limits
- Aircraft turnaround delays from a previous sector
- IT system failures
- Overbooking (always within the airline's control)
If an airline claims extraordinary circumstances, challenge it. Courts have consistently found against airlines that apply this defence too broadly. Ask the airline to specify what the extraordinary circumstance was and to provide documentation — many will back down rather than go to court.
Package Holidays — Package Travel Regulations 2018
If you booked a package holiday (where at least two elements — typically flights and accommodation — are sold together by an organiser), you are protected by the Package Travel and Linked Travel Arrangements Regulations 2018. This gives you separate, and in some ways stronger, rights than UK261 alone.
Under these regulations, the package organiser — not the airline or hotel — is responsible for the proper performance of the entire package. If any element fails, you can claim against the organiser for:
- A price reduction proportionate to any part of the holiday that fell short
- Compensation for damage including distress and loss of enjoyment
- Full refund and repatriation if the holiday is significantly affected
Common grounds for package holiday claims include: hotels materially different from those described, significant building work or noise not disclosed at the time of booking, food poisoning caused by the hotel's catering, and excursions that were cancelled without adequate replacement.
How to Make a Claim — The Process
Step 1: Claim Directly to the Airline or Organiser
Start with a written complaint to the airline or package organiser. Reference the specific regulation (UK261 or the Package Travel Regulations 2018), state the amount you are claiming, and give them 8 weeks to respond. Many airlines pay out at this stage, particularly for straightforward delays where extraordinary circumstances do not apply.
Step 2: Alternative Dispute Resolution
If the airline rejects your claim or does not respond within 8 weeks, you can escalate to an approved Alternative Dispute Resolution (ADR) body. For aviation disputes, the main options are CEDR Aviation and the Civil Aviation Authority (CAA). Not all airlines participate in ADR schemes, but most major UK carriers do. The process is free and takes around 90 days.
Don't Let Airlines Off the Hook
We will generate your formal demand letter and court claim documents. Most airlines settle when they receive a court claim form.
Small Claims Court for Airline and Holiday Disputes
If the ADR route does not resolve your claim — or if the airline is not a member of an approved ADR scheme — you can file a claim in the small claims court. This is more common than many people realise, and airlines often settle the moment they receive a claim form rather than defend it.
The process is straightforward:
- File online via Money Claim Online (MCOL) or on paper using form N1
- Pay the filing fee: from £35 (claims up to £300) to £455 (claims £5,000–£10,000)
- Name the airline or package organiser as the defendant — use their registered UK company name
- Attach your booking confirmation, evidence of the delay, and your correspondence with the airline
- If they do not respond within 14 days, apply for a default judgment
Court filing fees are recovered from the airline if you win. You do not need legal representation — the small claims track is designed for individuals to use without a solicitor.
The Two-Year Time Limit
Claims under UK261 must be brought within 2 years of the disrupted flight under the Limitation Act 1980 (as applied to this regulation). For package holiday claims under the Package Travel Regulations 2018, the limitation period is also 2 years from the date you discovered the issue (or should have discovered it). Do not delay — dig out old boarding passes now if needed.
Evidence to Gather
The stronger your evidence, the quicker your claim resolves. Gather as much of the following as you can:
- Boarding pass or e-ticket showing the flight number, route, and date
- Booking confirmation showing the original scheduled departure and arrival times
- Actual arrival time — the relevant time is when the aircraft doors open at your destination, not when you landed. Note this or take a screenshot of the arrivals board.
- Any notification from the airline about the delay, cancellation, or reason given
- Receipts for expenses incurred during the delay — meals, accommodation, transport
- Photographs or videos of the departure board, aircraft condition, or hotel issues (for package claims)
- Correspondence with the airline or organiser including rejection letters
What Else You Can Claim During the Delay
UK261 also requires airlines to provide care and assistance during significant delays at the departure airport, regardless of whether extraordinary circumstances apply. For delays of 2 hours or more, this means:
- Meals and refreshments in reasonable relation to the waiting time
- Two free telephone calls, emails, or faxes
- Hotel accommodation if an overnight stay becomes necessary
- Transport between the airport and hotel
If the airline did not provide these things (many do not, particularly budget carriers), you can claim the reasonable cost of meals and accommodation you paid for yourself. Keep all receipts. These expenses are separate from the fixed compensation amount and are claimable on top of it.
The Bottom Line
Airlines and holiday companies rely on passengers not knowing their rights, not keeping their paperwork, or giving up when faced with a standard rejection letter. The compensation amounts under UK261 are fixed by law — £220 to £520 per person per disrupted flight. The Package Travel Regulations give you a further route for holiday complaints. Both routes ultimately lead to the small claims court if the company refuses to pay, and courts rule against airlines regularly.
The total cost of filing a court claim for a typical flight delay is £35 to £70 in filing fees — which you get back if you win. Do not let the airline keep money that is legally yours.