UK261: the UK's flight compensation rules explained

What is UK261?

"UK261" is not an official title. It is the shorthand used by the CAA, claims companies and the press for Regulation (EC) No 261/2004 as it has effect in UK law. You can read the current UK text on legislation.gov.uk under the reference "eur 2004/261". It sets common rules on compensation and assistance for passengers in the event of denied boarding, cancellation and long delay – exactly as the EU regulation does – but the amounts are in pounds and the scope is drawn around the UK.

The core rights are the same as under EU261: fixed compensation (Article 7), a refund or re-routing (Article 8), care while you wait (Article 9), downgrading refunds (Article 10), and the rule that you cannot sign these rights away (Article 15).

From EU law to UK law: Brexit and the 2019 and 2023 changes

The 2023 Regulations were made on 13 December 2023 and came into force the next day. According to their explanatory note, they restate principles from EU and UK case law rather than create new rights. The most important change is the new Article 6(3), which gives passengers a statutory right to compensation when they reach their final destination 3 hours or more late – the principle the Court of Justice created in Sturgeon (C-402/07, 2009) – with Article 6(4) excusing the airline where the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The same Regulations added:

• Article 2(n): "arrival time" is when passengers are permitted to exit the aircraft at the final destination;
• Article 2(o): a definition of extraordinary circumstances – circumstances not inherent in the normal exercise of the carrier's activity, beyond its actual control and not avoidable by all reasonable measures, or air traffic management decisions;
• Article 3(1A): a journey of several legs booked as a single unit is treated as a whole, departing from the first leg's departure point;
• Article 3(7)–(8): UK261 compensation and assistance are not "damage occasioned by delay" or an "action for damages" under the Montreal Convention – so the Convention's limits and 2-year time bar do not apply to them;
• Article 3(9): for limitation purposes, a claim is determined in accordance with section 9 of the Limitation Act 1980.

UK courts are not bound by Court of Justice judgments given after the end of 2020, though they may have regard to them. Earlier judgments such as Sturgeon and Wallentin-Hermann form part of the case law carried over into UK law. Our case law library covers the leading decisions.

Which flights does UK261 cover?

Article 3(1) of the UK text applies UK261 to passengers:

• departing from an airport in the United Kingdom (any airline);
• departing from outside the UK to an airport in the UK, if the operating airline is a UK or EU (Community) carrier;
• departing from outside the UK to an airport in the EU, if the operating airline is a UK carrier;

– in the last two cases, unless you received benefits or compensation and were given assistance in the other country. A "UK air carrier" holds an operating licence from the CAA; a "Community carrier" holds one from an EU Member State (Article 2). You also need a confirmed reservation and to have checked in on time, and free or reduced fares not available to the public are excluded (frequent-flyer tickets are covered).

Put together with EU261 (which covers flights departing the EU, Iceland, Norway and Switzerland on any airline, and flights into them on an EU airline), the picture looks like this:

* Where both regulations could apply, each excludes passengers who have already received benefits or compensation and assistance under the other. In practice you claim under one – usually UK261 for a UK departure and EU261 for an EU departure – and cannot be paid twice. EU261 also covers Iceland, Norway and Switzerland; UK261's rule for UK airlines flying into Europe refers to EU Member States only.

Connecting flights: because of Article 3(1A), a single booking such as London–Dubai–Bangkok is treated as one journey departing from London, so UK261 covers a delay on the second leg that makes you arrive in Bangkok 3 hours or more late – even on a non-UK airline. Separate bookings (self-transfer) are treated separately. See missed connection compensation.

How much compensation under UK261?

Article 7 fixes the amounts per passenger by the great-circle distance of the flight (or the whole journey, for connections):

For delays, the CAA explains that on flights over 3,500 km you receive £260 if you arrive between 3 and 4 hours late, and £520 if you arrive more than 4 hours late. Compensation must be paid in cash, by bank transfer or cheque; travel vouchers only with your signed agreement (Article 7(3)). Use our flight distance calculator to find your band.

Unlike EU261, the UK text has no special rule for long flights within the bloc: any UK261 flight over 3,500 km falls in the £520 band.

Your rights under UK261

Care (Article 9) – meals and refreshments in reasonable relation to the wait, two phone calls or e-mails, and a hotel plus transfers if you have to stay overnight – starts after 2 hours (flights up to 1,500 km), 3 hours (1,500–3,500 km) or 4 hours (over 3,500 km). It is owed even in extraordinary circumstances. See flight delay rights. If your flight was diverted, see diverted flight compensation.

Compensation is not owed where the airline proves extraordinary circumstances – such as weather incompatible with safe operation, air traffic control decisions or strikes by staff outside the airline. The CAA cites Jet2.com v Huzar (Court of Appeal, 2014) for the rule that ordinary technical problems are not extraordinary. Our guides on technical faults, bad weather and strikes go into detail.

UK261 vs EU261: the differences that matter

The reform point matters for flights from the EU to the UK: from 23 October 2027 the amended EU rules – including a 9-month window for claiming EU261 compensation from the airline – will apply to those flights, while UK261 itself is unchanged. See the EU261 reform.

Enforcement: the CAA, ADR and the courts

Article 16 of UK261 gives enforcement to the body designated under the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 – the Civil Aviation Authority. For individual passengers, the route is:

1. Claim from the operating airline in writing. The CAA notes that compensation is not automatic and that expenses and compensation may need separate claims.
2. After 8 weeks without a reply, or a final refusal ("deadlock"), go to the airline's approved ADR body if it has one. The CAA lists AviationADR for, among others, easyJet, Ryanair, Wizz Air, TUI Airways, Virgin Atlantic, KLM and Air France, and CEDR for British Airways, BA CityFlyer and Cathay Pacific. ADR is free for passengers; the decision binds the airline if you accept it. You must apply within 12 months of the airline's final response. The CAA notes that the Digital Markets, Competition and Consumers Act 2024 replaced the 2015 ADR Regulations on 6 April 2026. See ADR schemes.
3. If the airline is not in an ADR scheme, complain to the CAA's Passenger Advice and Complaints Team (PACT). PACT can review the case and press the airline but cannot impose a solution, and it will not take a complaint if less than a year remains to take legal action. See complaining to the CAA.
4. Northern Ireland: for flights to or from Northern Ireland the CAA refers complaints to the Consumer Council for Northern Ireland.
5. Court: the CAA says the small claims court is usually the most appropriate place for airline disputes. See small claims in England and Wales, Simple Procedure in Scotland and Northern Ireland, after a letter before action.

Time limits: Article 3(9) applies section 9 of the Limitation Act 1980 – 6 years from the flight in England and Wales. The Court of Appeal had already reached the same result in Dawson v Thomson Airways [2014] EWCA Civ 845, rejecting the Montreal Convention's 2-year limit. In Scotland it is 5 years. Full details in our time limits guide.

How to claim UK261 compensation

• Check the regime and amount with the checker above or the distance calculator.
• Claim from the operating airline (the one that flew the aircraft), not the one that sold the ticket.
• Use the airline's claim form or our complaint letter generator; mention "Regulation (EC) No 261/2004 as it has effect in UK law" and the amount in pounds.
• Keep receipts for any expenses separately – meals, hotel, transport.
• Escalate as above if refused. The full process is in how to claim.

If you would rather not handle it yourself, a claims company can do it for a fee; our claim companies comparison sets out the costs honestly.

Frequently asked questions

What is UK261?

UK261 is the informal name for Regulation (EC) No 261/2004 as it now applies in UK law. When the UK left the EU, the regulation was kept on the statute book and adapted by the Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019/278). It gives fixed compensation of £220, £350 or £520, plus care, refunds and re-routing, for delays, cancellations and denied boarding.

Am I entitled to compensation if my flight is cancelled?

Under UK261, yes if you were told less than 14 days before departure and the cancellation was not caused by extraordinary circumstances – with lower or no compensation if the airline offered a replacement flight close to your original times (Article 5). You are always entitled to a choice of a refund within 7 days or re-routing, and to care while you wait. See cancelled flight compensation.

Can you get compensated for a 2 hour flight delay?

Not with fixed compensation: under UK261 Article 6(3) that requires arriving at your final destination 3 hours or more late. From 2 hours' departure delay on a short flight (3 hours on medium, 4 on long) you are entitled to care – meals, refreshments, two calls or e-mails, and a hotel if needed. See flight delay rights.

What is the difference between UK261 and EU261?

The rights are almost identical. The main differences: UK261 pays in pounds (£220/£350/£520) and EU261 in euros (€250/€400/€600); UK261 writes the 3-hour delay rule and other court-made rules into the text; UK261 claims follow the UK limitation periods (6 years in England and Wales, 5 in Scotland); the CAA enforces UK261; and the EU's 2026 reform changes EU261 only.

Does UK261 apply to EU airlines such as Ryanair, easyJet Europe or KLM?

Yes, on every flight departing from the UK, whatever the airline, and on flights into the UK operated by an EU or UK airline. Flights from the EU into the UK on an EU airline can be covered by both EU261 and UK261, but you can only be compensated once.

Is compensation paid in pounds or euros?

Under UK261 the amounts are fixed in pounds; under EU261 in euros. Which you get depends on which regulation your claim is made under. Airlines and claims companies normally use UK261 for flights departing the UK and EU261 for flights departing the EU.

Who enforces UK261?

The Civil Aviation Authority. Article 16 of UK261 gives enforcement to the body designated under the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005, and the CAA's Passenger Advice and Complaints Team (PACT) handles complaints about airlines that are not members of an approved ADR scheme. For flights to or from Northern Ireland, the CAA refers complaints to the Consumer Council for Northern Ireland.

How long do I have to make a UK261 claim?

Article 3(9) says limitation is determined under section 9 of the Limitation Act 1980: 6 years in England and Wales. In Scotland the period is 5 years. Details in our time limits guide.

General information, not legal advice; we are not lawyers. We are an independent guide and an affiliate partner of AirHelp – see our affiliate disclosure.

Sources

1. Regulation (EC) No 261/2004 – UK version, Article 3 (scope) – legislation.gov.uk
2. Regulation (EC) No 261/2004 – UK version, Article 7 (compensation) – legislation.gov.uk
3. Regulation (EC) No 261/2004 – UK version, Article 2 (definitions) and Article 16 (enforcement) – legislation.gov.uk
4. The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019/278) – legislation.gov.uk
5. The Aviation (Consumers) (Amendment) Regulations 2023 (SI 2023/1370) – legislation.gov.uk
6. Retained EU Law (Revocation and Reform) Act 2023, section 5 (assimilated law) – legislation.gov.uk
7. Delays – your rights – UK Civil Aviation Authority
8. Alternative dispute resolution – UK Civil Aviation Authority
9. How the CAA can help (PACT) – UK Civil Aviation Authority
10. If your flight's delayed or cancelled – Citizens Advice
11. Air passenger travel guide: summary of passenger rights – GOV.UK (Department for Transport)
12. Regulation (EC) No 261/2004 – EU text – EUR-Lex

We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.