Flight Delay Compensation Get up to £508/person, back to 2005

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plane delays

You may be able to claim huge sums for flight delays and cancellations under EU rules. You could get up to £508 per person, dating back to 2005, if your flight is significantly delayed, or your money back if cancelled.

Crucially, these rules only apply if the flight departed from an EU airport, or you were on an EU airline where the flight landed at an EU airport. Below, we take you through what you need to know and how to claim.

This is an early incarnation of this guide following the recent EU court ruling.
Please suggest any changes in the Flight Delays forum thread and get our free weekly email for updates.

Will it work?

'I got £970 back'

There have been some huge successes, but we're finding the feedback's binary. People either get easy payouts, or hit a brick wall that only court action will solve. So it's up to you. To inspire you, here are some success stories:

"Just got a cheque for £970 from BA for delays in 2009 thanks to you telling me about new legislation. More than I actually paid."Denise, who claimed for two passengers (£485 each) – December 2012

"If it wasn't for the MSE email, I wouldn't have known about this. To get compensation was particularly satisfying, as to make matters worse, on that delayed flight the air conditioning broke."Paul, who claimed £200 – December 2012

"Received £630 (£315 x 2) compensation from Thomas Cook after my flight from Newcastle to Bodrum was delayed 4.5 hours. Thank you MSE and all the members of the forum for their advice." Adam – December 2012

'It won't pay out. GRRRR!'

But, be warned, not everyone is this lucky. Some airline plays hardball, even where they've paid out to other passengers in the past. Here are some examples.

" I made a claim to Easyjet regarding a delayed flight in 2009. I was today told it was declined because 'it is out of time limitation period'."Bob – November 2012

"I decided to pursue KLM for compensation for a delayed flight in October 2009. I've spent weeks battling with KLM and it refuses to pay out. "Liam – November 2012

Could claiming compensation push air fares up? Martin's view

Before putting in a compensation claim, consider that while you have a legal right, an influx of claims could mean airlines have to shell out big bucks – and flight prices may be hiked to make up for any losses.

MoneySavingExpert.com creator Martin Lewis says:

"You have a legal right to make a compensation claim for flight delays and cancellations – yet it's worth being aware that if this becomes mainstream, the added cost to airlines could cause them financial trouble and may lead them to increase future flight prices for everyone.

"I'm not saying this to put you off, yet it's worth examining whether you feel the compensation is right and fair. If you bought a flight and were seriously delayed and inconvenienced – well, we're a consumer website, so we say go for it.

"Yet as the payout is irrelevant to the cost of the flight – there will be some who paid £20 for a cheap flight, were delayed a few hours that didn't really bother them and are entitled to £339 compensation for it. That could really cripple a budget airline's pricing structure.

"For cheaper flights especially, the rules seem weighted against airlines but at the end of the day, it's up to you whether or not to go for it.

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Flight delayed? Your rights explained

  1. Clever site shows whether your flight was delayed.

    If you don't remember whether or not your flight was delayed, check using the clever FlightStats website.

    You'll need to register to use it (it's free). However, as you go further back in time, the site won't show the status of all flights.

    While FlightsStats' terms and conditions say it can’t be used in any passenger rights claims actions, the key here is to use it to find out for your own knowledge how late your flight was – to make sure you’re barking up the right tree – rather than using it specifically for any claim. After all, the airline will hold its own data on flight delays.

    Importantly, while the website shows delays, it doesn't tell you what caused them. To claim compensation, it must be the airline's fault. (More on that later.) To find out the cause of the delay, you have to ask the airline – and you're at the mercy of its explanation.

    How do you know if the delay is the airline's fault?

  2. To get compensation it must be the airline's fault and must have been an EU flight.

    You can only claim in certain scenarios, these are the key conditions:

    • The flight departed on 17 February 2005 or later (more below).
    • The flight arrived at its destination three hours or more late (more below).
    • europe map
    • The flight departed from an EU airport, regardless of the airline, OR was on an EU airline and landed at an EU airport.
    • The delay was the airline's fault, eg, the pilot was sick and not replaced, or the flight cancelled because it was underbooked.

    However, if the airline is not at fault, you cannot claim compensation. These are the circumstances when you cannot claim.

  3. You can claim back to February 2005... but it's harder for flights before 2007.

    On 23 October 2012, the Court of Justice of the European Union passed a judgment which said consumers who arrived at their destination three or more hours late could claim compensation. This upheld a long-standing rule which airlines had challenged.

    To help, in January 2013, a judge ruled at Stoke-on-Trent County Court that a couple were entitled to €800 in compensation and expenses after their Thomas Cook flight from Tenerife to East Midlands was delayed in 2009. The airline had originally challenged this, stating the delay was not its fault.

    So how far exactly can you claim back? What are the rules?

    While the rules clearly say you can claim back to February 2005, it may be difficult to enforce claims that date back over six years in the UK, as there is no official ombudsman system to pull airlines into line.

    Your only option to get airlines to pay up is via court, if they say no originally. Yet most UK courts will only open cases going back six years, which creates this anomaly.

    Therefore, some airlines are declining claims going back further, as they know the rule cannot be enforced. And this is why we've seen some of the rejections featured above.

    For instance, both Monarch Airlines and Thomas Cook have confirmed they will only consider claims that date back a maximum of six years.

    Quick points:

    It may be more difficult if it's a non-UK claim

    Don't fall for airline tricks

    What if your claim is on hold?

  4. Two-hour delay? You could be entitled to cash.

    For short delays of under two hours, you don't have a right to compensation, time is money costs or a refund. However, once you've had to wait around that long, you could be owed serious sums. The longer the delay, the more you could get.

    Find out your rights based on the delay length:

    Two hours or more

    Three hours or more

    Five hours or more

  5. You could get up to £508 back, but it depends on the delay and length of flight.

    If you're entitled to compensation, it can be between €250 (£212) and €600 (£508), depending on the delay to your arrival and the length of your journey. BUT compensation is in euros, so the amount you'll get in sterling will fluctuate depending on the exchange rate at the time.

    Importantly, compensation is an ex-gratia payment, different to getting money back for something you've already paid for. It's effectively free cash.

    Click to see this table below for how much you can get.

    Quick questions:

    How do you find out how long the flight distance was?

  6. Not had your question answered yet? Read our FAQs.

    What if your flight was diverted?

    What if a delay of less than three hours caused you to miss a connecting flight?

    What if an earlier problem caused a backlog which meant your plane was delayed?

    Can you make a claim if the airline you flew with has gone bust?

    Can you make a claim if the airline no longer exists because it was bought out?

    What if you were on a package holiday?

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Flight cancelled? Your rights explained

  1. You could be entitled to money back or a new flight if your flight is cancelled, no matter what the reason.

    When a flight is cancelled, however long before it was due to take off, you have a right to...

    • EITHER a refund for the flight that was cancelled.
    • OR an alternative flight (airlines call this re-routing) to your destination.

    This is:

      cancelled flight compensation
    • As long as it happened after 17 February 2005.
    • Regardless of how long before the flight you were told of the cancellation.
    • Regardless of what it was that caused the cancellation.
    • And if the flight you were on departed from an EU airport — regardless of the airline — OR you were on an EU airline and landed at an EU airport. If you were on another flight anywhere else in the world, you may still be able to get your money back and compensation, but you're at the mercy of another set of rules.

    Quick questions

    What if you're stuck at the airport?

    What if you missed a connecting flight because of a cancellation?

  2. If it's the airline's fault, you may get up to £508 compensation.

    You CAN claim additional compensation of between €125 (£106) and €600 (£508), depending on the arrival time of a rescheduled flight you're put on.

    Even if you go for a refund of your original ticket, rather than be re-routed, meaning you don't travel, you can claim compensation, based on the timings of the alternative flight offered.

    Quick questions

    In what circumstances could you claim compensation?:

    When can't you claim compensation?

  3. If you're bumped off a flight, you're entitled to compensation.

    Where the airline has overbooked and you voluntarily give up your seat, the amount of compensation is between you and the airline to agree on. It must give you either a refund of the ticket price if you decide not to travel within seven days, or an alternative flight.

    If you were forced off due to overbooking, then you fall in the same camp as a cancelled flight. This means you're also eligible for compensation as overbooking was the airline's fault (see above).

  4. You could get up to £508 compensation but it depends on the delay and the length of the flight.

    The amount you could get in compensation varies between €125 (£106) and €600 (£508). This depends on the distance of the booked flight, and the delay suffered in reaching your final destination.

    Importantly, compensation is an ex-gratia payment, different to getting money back for something you've already paid for. It's effectively free cash.

    BUT compensation is based in euros – meaning the amount you'll get in sterling will fluctuate depending on the exchange rate at that time.

    Quick questions

    How much compensation could you get?

    How do you find out how long the flight distance was?

  5. Not had your question answered yet? Read our FAQs

    Can you make a claim if the airline you flew with has gone bust?

    Can you make a claim if the airline you flew with no longer exists because it was bought by another airline?

    What if you paid using air miles?

    What if you were on a package holiday?

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How do you claim?

First, we need to determine whether this is your first claim or if you have already put in a claim that is on hold. If it's your first claim, then skip to Step 1. But if you've had a case that was on hold, continue reading.

What if your claim is already on hold?

What about claims on hold at court level?

First time claims

To claim for a refund, compensation or additional costs for the first time when a flight has been cancelled or delayed, you should initially:

  1. Step 1: Complain to the airline

    Check the airline's website to find out the best way of complaining. Bear in mind airlines may try every trick in the book to try to get out of paying. If this is the case, you can take your complaint further, as we explain below.

    claim flight compensation

    Also, beware of claims management companies saying they'll put in a claim for you. But going down this route will cost you (usually around 25% + VAT), when you could put in a claim yourself for nothing. What to write.

  2. If you're successful, hurrah! If not, go to step 2.

    Please report successes in the Flight Delays forum thread.

    How long should my claim take?

    This depends on the airline as there is no standardised timescale. British Airways says it takes up to four weeks, Easyjet says it varies on a case-by-case basis.

    The CAA says if you haven't had a response to your complaint from the airline after 21 days, you should chase the airline for a reply. If after 28 days from the start of the claim you still haven't had a response you can refer your complaint to the CAA to look into. See Step 2 for further details.

  3. Step 2: What if my claim gets rejected?

    Sadly, there's no independent ombudsman service for the airline industry, along the lines of the Financial Ombudsman Service. If you're unhappy with the response you get from the airline, you may be able to take up your complaint with the UK's regulator, the Civil Aviation Authority (CAA), the European Consumer Centre (ECC) or the regulator in the country of departure.

    However, none of these are ombudsman schemes, so they cannot decide cases or impose requirements. They will advise you whether they think you have a valid complaint and, if so, will take it up with the airline. Who to appeal to

    When writing, set out all the details of your complaint and include copies of all correspondence. To help, use our template letters:

    Complain to the CAA – delays Complain to ECC/other regulator Complain to the CAA – cancellations


    Please report successes in the Flight Delays forum thread.

    How long should my claim take?

    The CAA will acknowledge the complaint within 10 days, although it says it can then take several weeks to resolve, partly because of the high volume of claims, and partly because of the need to investigate in detail.

  4. Step 3: What if you lose again?

    If the relevant regulator or the European Consumer Centre takes up your complaint but you still lose, you may have to take your complaint to a local county court in England, Wales and Northern Ireland, or a sheriff court in Scotland.

  5. More info

    To discuss the guide, please report successes in the Flight Delays forum thread.

    Made a claim? Let others know how it's gone in the MSE Forum on your airline's thread:

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