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Flight delayed 5 hours or more: refund and return flight rights

After a 5-hour delay you can abandon the trip and get your ticket refunded within 7 days, plus a flight home. When to use it, and what it does to compensation.

By the EU261 Flight Delay editorial team Last reviewed: Reading time: 7 min How we write our guides

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In short: once your flight is delayed by at least 5 hours, UK261 and EU261 let you decide not to travel and get the ticket price back within 7 days – for the flights you have not used, and even for those you have used if the trip no longer serves any purpose, together with a flight back to where you started. But this is a one-way door: if you walk away, the airline’s duty of care ends and you are unlikely to get delay compensation as well. If you still want to travel, wait for the flight and claim £220–£520 or €250–€600 afterwards if you arrive 3 hours or more late.

A 5-hour delay is where the regulation gives you a real choice. Here is how it works and how to decide.

The 5-hour rule in the regulation

Article 6(1)(iii) of Regulation 261/2004 (in both its UK and EU versions) says that when the operating airline reasonably expects a flight to be delayed by at least 5 hours, the passenger must be offered the assistance in Article 8(1)(a). That is:

  • reimbursement within seven days of the full cost of the ticket, at the price at which it was bought,
  • for the part or parts of the journey not made, and
  • for the part or parts already made if the flight no longer serves any purpose in relation to your original travel plan,
  • together with, when relevant, a return flight to your first point of departure at the earliest opportunity.

The refund must be paid in cash, by bank transfer or by cheque – or in travel vouchers only with your signed agreement (Articles 7(3) and 8(1)).

Unlike care (meals, hotel), the 5-hour threshold is the same for every distance band.

Example: when the “already flown” part is refunded too

You fly London–Lisbon–São Paulo on one booking for a business meeting. In Lisbon, the second flight is delayed by 7 hours and you will miss the meeting. You can ask for:

  • a refund of the Lisbon–São Paulo flight you have not used;
  • a refund of London–Lisbon too, because the trip no longer serves any purpose; and
  • a flight back from Lisbon to London at the earliest opportunity.

The CAA puts it simply: if a connecting flight is delayed more than five hours, you can take a refund for the unused part of the ticket, and the airline must still get you back to your original departure point.

The catch: refund usually means no compensation

The right to fixed compensation for a delay is based on the time you lose – arriving at your final destination 3 hours or more late. If you abandon the trip, you never arrive late.

The Court of Justice confirmed this logic in January 2024 (C-474/22, Laudamotion). Two passengers were told their Düsseldorf–Palma flight would be more than 3 hours late and, worried about a business appointment, did not take it. The Court held that a passenger who did not present themselves for a delayed flight is not entitled to fixed compensation, because they have not suffered the loss of time that compensation is meant to make up for. The Court also noted that, unlike with a cancellation, passengers on a delayed flight must still present themselves for check-in. A second passenger who booked his own alternative flight and arrived less than 3 hours late was not entitled to compensation either.

That judgment concerned passengers who did not go to the airport at all. If you check in, wait 5 hours or more at the airport and then give up, your situation is not identical. But the CAA warns that you should not choose the refund option if you still wish to travel, and MoneySavingExpert says that if you take the refund you are unlikely to also get compensation or further care. Assume that choosing the refund ends your claim to compensation for that delay.

Refund or wait? A decision checklist

Take the refund if:

  • the trip has lost its purpose (a missed wedding, meeting, event or cruise departure);
  • the airline cannot say when the flight will leave and alternatives are cheap;
  • you are at your home airport and can simply go home.

Wait for the flight if:

  • you still need to get there, and buying a new ticket would cost more than the refund;
  • the flight is likely to arrive 3 hours or more late and the cause is within the airline’s control – then you keep the right to £220 / £350 / £520 (€250 / €400 / €600) on top of care;
  • you are abroad, far from home, with no cheap alternative.

Before you decide, ask the airline in writing (app chat, e-mail or at the desk) for the expected new departure time and the reason for the delay. Write down what you are told.

Care while you wait

If you stay, the airline must provide care from the 2, 3 or 4-hour mark (depending on distance): meals and refreshments, two calls or e-mails, and a hotel with transport if the new departure is the next day or later. The Court of Justice ruled in McDonagh v Ryanair (C-12/11) that care has no time or money limit, and that it is owed even when the delay is caused by extraordinary circumstances. If the airline does not provide it, buy what is reasonable and keep the receipts – see flight delayed overnight: hotel rights and meal vouchers.

How to ask for the 5-hour refund

  1. At the airport: tell the airline’s desk or gate staff that you do not wish to travel and are requesting reimbursement under Article 8(1)(a). Ask them to note it on your booking or give you written confirmation.
  2. In writing straight away: use the airline’s refund form or e-mail. State the flight number, date, delay, the passengers and the parts of the journey you want refunded.
  3. Do not accept a voucher by default. If a voucher is offered, you can refuse and insist on money back (see vouchers instead of cash).
  4. Booked through an agent? The refund may come via the agent; the Court of Justice has held that the refunded price can include an intermediary’s commission if the airline knew of it (booked through a travel agent).
  5. Count 7 days. If the money has not arrived after 7 days, chase in writing and escalate as described in our refund rights guide.

Package holidays are different

If your flight is part of a package holiday, the ticket refund under Article 8 is replaced by your rights under package travel law: you deal with the tour operator, who may have to offer an alternative or a refund of the package. Delay compensation under UK261/EU261 still comes from the airline. See package holiday flight delays.

If you decide to fly

Take the delayed flight, note when the aircraft doors open at your destination, and check our checker. If you arrived 3 hours or more late and the cause was within the airline’s control – a technical fault, crew shortage, or the airline’s own staff striking – you can claim. Causes such as severe weather or an air traffic control strike may be extraordinary circumstances; see extraordinary circumstances.

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