Claiming Flight Compensation Yourself

A flight compensation claim is a statutory entitlement, not a favour. The instrument that creates it depends on where the flight departed, where it arrived, and which carrier operated it. For flights departing an EU airport, or arriving in the EU on an EU carrier, Regulation (EC) No 261/2004 sets the amounts. For flights departing the UK, or arriving in the UK on a UK carrier, the retained version, UK Regulation 261/2004, applies with the same distance bands. For flights to or from the United States, there is no equivalent cash compensation scheme; the US Department of Transportation (DOT) refund rule requires a refund when a flight is cancelled or significantly changed and the passenger does not accept the alternative, but it does not pay a fixed sum for delay. The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage by Air, 1999, governs baggage and cargo claims and some delay expenses, but it does not create the fixed delay compensation that EC 261/2004 does.

The amounts and the conditions that set them

The figures below are the statutory amounts in EC 261/2004 and UK 261 as they stood when checked in 2025. They are not airline policy and they change only if the regulation is amended. The condition that changes the figure is the great-circle distance between the departure and arrival airports, and in one band, whether the flight is within the EU or between an EU and a non-EU airport.

UK 261 uses the same distances but pays in pounds sterling at the rate set by the Civil Aviation Authority (CAA). The CAA publishes the current sterling amounts; they are not fixed at the euro figure and have been adjusted since 2021. Check the CAA page for the amount in force on the date of the flight.

The delay threshold is the other condition. Under EC 261/2004, the entitlement arises on arrival at the final destination, not on departure. A delay of 3 hours or more at the final destination triggers the fixed sum. A cancellation triggers it unless the airline gave at least 14 days’ notice, or re-routed the passenger so that the arrival delay was under the thresholds. A denied boarding triggers it unless the passenger volunteered to give up the seat.

Extraordinary circumstances disapply the entitlement. Article 5(3) of EC 261/2004 says the airline does not have to pay if the delay or cancellation was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The regulation does not define extraordinary circumstances. The Court of Justice of the European Union (CJEU) has held that technical faults are generally not extraordinary, that a strike by the airline’s own staff is not extraordinary, and that air traffic control restrictions and severe weather usually are. The airline must prove the circumstance and the reasonable measures it took. A vague claim of “operational reasons” is not enough.

Worked calculation: what a claim is worth

A passenger flew London Heathrow to New York JFK, a great-circle distance of about 5,540 km, on an EU carrier. The flight arrived 5 hours late. The passenger wants to know the statutory amount and what a claim company would take.

Step 1: Identify the regime.
Departure: UK airport. Arrival: US airport. Carrier: EU carrier.
UK 261 applies because the flight departed the UK.

Step 2: Identify the distance band.
Great-circle distance: 5,540 km.
Band: more than 3,500 km.

Step 3: Identify the delay threshold.
Arrival delay: 5 hours.
Threshold for the 600 band: 4 hours or more.
Condition met.

Step 4: Find the statutory amount in force.
UK 261 amount for this band, checked 2025: GBP 520.
(Source: CAA published table; the sterling figure is set by the CAA and is not the euro figure converted at a daily rate.)

Step 5: Calculate a claim company's share.
Typical commission: 25% to 50% of the amount recovered.
At 25%: GBP 520 x 0.25 = GBP 130.
At 50%: GBP 520 x 0.50 = GBP 260.
Passenger receives: GBP 390 to GBP 260.

Step 6: Compare with the cost of claiming directly.
One letter or online form, plus a stamp or a portal submission.
Cost: zero to a few pounds.

The passenger can repeat this with their own numbers. The amount depends on the distance band, the delay at the final destination, and the regime that applies. If the flight departed the EU, the amount is in euros. If it departed the UK, the amount is in pounds and the CAA figure for the date of the flight applies.

How to claim directly

A flight compensation claim does not require a lawyer or a claims management company on a straightforward delay. The procedure is a written demand to the airline, then, if refused, a complaint to the national enforcement body.

The letter should contain:

• The passenger’s full name and address.
• The booking reference and the flight number.
• The date of the flight and the route.
• The scheduled arrival time and the actual arrival time.
• The regulation relied on: EC 261/2004 or UK 261.
• The distance band and the amount claimed.
• The bank details for payment.
• A deadline for a response, typically 14 days.

Airlines are required to acknowledge and respond to complaints within set periods. Under EC 261/2004, the airline must respond within two months. Under UK 261, the CAA expects a response within eight weeks. If the airline refuses or does not respond, the passenger can complain to the national enforcement body: the CAA in the UK, or the equivalent body in the EU member state where the flight departed or arrived. The enforcement body does not award compensation itself; it can order the airline to pay, and it can take enforcement action. If the airline still refuses, the passenger can sue in the small claims court of the relevant jurisdiction. In England and Wales, the small claims track of the County Court handles claims up to GBP 10,000. In Scotland, the simple procedure handles claims up to GBP 5,000. In the EU, the European Small Claims Procedure handles cross-border claims up to EUR 5,000.

When a claim company earns its share

A claim company takes a quarter to a half of the amount recovered. On a straightforward delay, that is a large share of a small amount of work. The letter above is the work. A company that sends the same letter and takes 30% is charging for a template and a stamp.

There are situations where a company earns its share. The first is a refusal that turns on a disputed cause. If the airline claims extraordinary circumstances and the passenger cannot show that the cause was within the airline’s control, a company that knows the CJEU case law and can assemble the evidence may be worth the commission. The second is a case heading for court. If the airline refuses to pay after the enforcement body’s decision, a company with a solicitor and a track record in the small claims court may recover more than the passenger would alone. The third is a foreign small-claims process. If the flight departed a country where the passenger does not speak the language and cannot file online, a local agent may be the only practical route. The fourth is a group claim, where many passengers on the same flight want to act together and need one representative.

Outside those situations, the passenger keeps the full amount by claiming directly. This site does not earn a commission from claim companies, so the recommendation is against its own interest. The recommendation is still to claim directly first, and to consider a company only when the airline has refused and the cause is genuinely disputed.

What people get wrong

The most common mistake is to treat the amount as fixed by the airline. It is fixed by the regulation, and the airline’s offer is not the starting point for negotiation. A passenger who accepts a voucher or a partial payment may be accepting less than the statutory amount. The second mistake is to claim on departure delay. The entitlement arises on arrival at the final destination. A flight that leaves three hours late but makes up time in the air does not trigger the fixed sum. The third mistake is to assume the Montreal Convention pays the same amounts. It does not. The Montreal Convention governs baggage and some delay expenses, and its limits are in Special Drawing Rights (SDRs), not euros or pounds. The fourth mistake is to assume that a claim company is regulated in the same way as a solicitor. Some are, some are not. The passenger should check whether the company is regulated by the Financial Conduct Authority or a similar body, and what its fee is before signing.

These mistakes are natural because the airline’s own page is written by the party that pays the claim. It will not explain the regulation, the distance bands, or the enforcement body. It will offer a form and a voucher. The regulation is the passenger’s instrument, and it is available without a company.

FAQ

{“q”: “Do I need a claim company to get flight compensation?”, “a”: “No. On a straightforward delay or cancellation, the claim is a written demand to the airline citing EC 261/2004 or UK 261, followed by a complaint to the national enforcement body if the airline refuses. A claim company takes 25% to 50% of the amount for work that is largely a template letter. A company can be worth the fee if the airline disputes the cause, if the case is heading to court, or if the claim must be filed in a foreign small-claims process.”}

{“q”: “How much can I claim for a delayed flight?”, “a”: “Under EC 261/2004 and UK 261, the amount depends on the great-circle distance between the departure and arrival airports and the delay at the final destination. The bands are EUR 250, EUR 400, and EUR 600, with the 600 band halved to EUR 300 if the delay is 3 to 4 hours. UK 261 pays in pounds at the CAA-published rate, which is not the euro figure converted at a daily rate. Check the CAA table for the amount in force on the date of the flight.”}

{“q”: “What is the deadline for a flight compensation claim?”, “a”: “The deadline depends on the jurisdiction. In England and Wales, the limitation period for a small claims action is six years from the date of the flight. In Scotland, it is five years. In many EU member states, the period is shorter, sometimes two or three years. The airline’s own deadline for a complaint is not the legal deadline. File with the airline first, then with the enforcement body, and check the limitation period for the country where the claim would be heard.”}

{“q”: “Can the airline refuse to pay because of extraordinary circumstances?”, “a”: “Yes, if it can prove that the delay or cancellation was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The regulation does not define extraordinary circumstances. The CJEU has held that technical faults are generally not extraordinary, that a strike by the airline’s own staff is not extraordinary, and that air traffic control restrictions and severe weather usually are. The airline must prove both the circumstance and the reasonable measures it took. A vague claim of operational reasons is not enough.”}

{“q”: “Is a claim company regulated?”, “a”: “Some are, some are not. In the UK, claims management companies must be authorised by the Financial Conduct Authority. In other countries, regulation varies. Before signing, check the company’s registration, its fee, and whether it charges if the claim fails. A company that takes a share of a successful claim and charges nothing on a failure is not the same as one that charges a fee regardless of outcome. The passenger should read the terms before authorising the company to act.”}

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