Claiming British Airways flight delay compensation after Brexit: What has changed?

British Airways flight delay compensation claims.

How can you claim British Airways flight delay compensation now, after Brexit? What has changed after the United Kingdom left the European Union at the end of January 2020? In fact, almost nothing has changed. If before Brexit you were protected by the EU law, now you are protected by the UK law (Regulation UK261). And this new law is almost identical to the old one.

You are still protected against delays, cancellations and overbooking. Only now, mostly you have to refer to the UK law when making a compensation claim.

Read on to learn more about these rules.

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1. Regulation UK261

This is the new regulation — Regulation UK261.

In this article we’ll focus on British Airways flight delay compensation / flight cancellation compensation / denied boarding compensation rules. But, overall, the rules are identical also with other airlines, both UK airlines, like easyJet and TUI, and airlines registered elsewhere (in the EU and other countries). Yes, there are situations when the UK law applies also to other airlines, not only UK airlines. You can see all the possible scenarios here.

If your BA flight has been cancelled or delayed, or you have been denied boarding, you have a right to care and also may be entitled to a flight compensation. There are several situations in which you can get compensation, or compensation and a full refund (in case of cancellation).

2. British Airways flight delay compensation

If it’s the airline’s fault, you can get compensation.

If your British Airways delay is caused by something that is within the airline’s control (not extremely bad weather or national strike, for instance) you can get compensation. As long as the delay is at least 3 hours long — you arrive at least 3 hours later than planned.

  • Your flight is delayed for three hours or more;
  • Your flight is delayed due to the fault of the airline.

You don’t have to be a citizen of the UK to be entitled to UK flight delay compensation. Because these rules apply also to tourists travelling in the UK and to the UK.

2.1 Extraordinary circumstances

In certain cases you aren't entitled to compensation. 

For example, if your flight is delayed due to extreme weather conditions, security risks or big international airport staff strike, then you can’t get British Airways flight delay compensation. These situations are called “extraordinary circumstances” — something that is out of the airline’s control. Extraordinary circumstances are exempt from the compensation law.

However, you still have a right to care if your flight is delayed or cancelled because of extraordinary circumstances (more on this below).

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British Airways plane in the sky

3. Right to care

If you will need to wait, you have a right to care.

If you BA flight has been delayed and you have to wait at the airport more than initially planned, you have a right to care. There are a few exceptions, but mostly you will get something already after 3 hours of waiting, mostly some small snack and drink.

In case of flight delay of three or more hours, you are not only entitled to a compensation but also have the right to receive care from the airline. You are entitled to it even if your flight is delayed or cancelled due to extraordinary circumstances.

According to the Regulation UK261, you can get:

  • free meals and drinks in a reasonable relation to the waiting time,
  • free hotel accommodation if a stay of one or more nights is necessary,
  • two free phone calls, e-mails or faxes.

In the EU and with EU flights these rules are identical.

4. How to claim flight delay compensation?

How to claim for flight delay compensation?

There are two ways how you can claim airline delay compensation. The procedure is the same also with flight cancellations and overbooking (if you’re denied boarding due to that). It doesn’t matter with what UK/EU airline you are flying, the procedure is always the same.

One of the options is to contact the airline yourself. Use the contact form on their website, and request a compensation for flight delay. Be prepared that this process may take months. Be ready for negotiations and also for airline refusing your claim. Make sure you have all the necessary information about your flight. It’s great if you know why your flight was delayed, and exactly how much later did you arrive to your destination. 

You can also take the easiest path and work with us. In this case everything is handled by our professionals. Everything related to your flight compensation claim is done on your behalf. All you have to do is to fill in a single form — the compensation claim form.

Legally it is called legal representation.

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When working with us, here is all you will have to do:

  1. Go to this page;
  2. Fill in the details about yourself and your flight;
  3. Upload your boarding pass and passport copy;
  4. Sign the claim online.

Now you can relax. We will do the rest.

4.1 How long does it take?

When will you receive your British Airways delay compensation?

You can never be 100% sure, but in most cases, the whole process takes around 2-3 months. As a general rule, the sooner you register your British Airways compensation claim, the sooner you'll get the money. This way you also won’t forget to register it in the first place. If you don’t register your claim, you definitely won’t get any compensation (most people don’t know about this; they don’t know they could be entitled to compensation, hence they don’t do anything).

4.2 How far back you can claim?

What’s the time limit for flight delay compensation?

How far back can you claim flight delay compensation? In most cases, it’s 2 to 3 years. But it depends from country to country. Again, the sooner you do it, the higher chance of success. At the same time, don’t be put off if it’s already more than 2 or 3 years since the flight, and try your luck anyway. You have nothing to lose, and, anyway, it takes only minutes to file a claim.

4.3 How much can you claim?

The exact amount of the UK flight delay compensation varies.

It's based on the distance of your flight and, sometimes, other factors. However, it’s not affected by the price of the ticket or airline you are flying with. On the same route and under the same circumstances, your friends' easyJet compensation will be the same as your British Airways compensation.

So, how much can you claim?

When your destination is within the UK / EU:

  • £220 - If the distance of your flight is 1,500 km or less;
  • £350 - If the distance of your flight is 1,500 km – 3,500 km.

When your destination is outside the UK / EU:

  • £220 - If the distance of your flight is 1,500 km or less;
  • £350 - If the distance of your flight is 1,500 km – 3,500 km;
  • £520 - If the distance of your flight is greater than 3,500 km.

There is one exception. If the distance of your flight is greater than 3,500 kilometres, and you reach your destination 3 or 4 hours later than planned (not more than 4 hours), you will receive £260 instead of £520 (50% of the full compensation amount). If the delay is longer than 4 hours, you will get full compensation of £520.

4.4 What about cancellations and overbooking?

You’re protected against that as well.

If your flight is cancelled less than 14 days before the date of departure, and it’s due to fault of the airline, you can get compensation. Same, as if you’re denied boarding due to overbooking. That’s also considered fault of the airline, and accordingly you can get compensation for that.

EasyJet and other airlines

EasyJet is a UK airline, same like British Airways.

Under the same circumstances, all UK airlines have the same obligations and have to follow the same guidelines when it comes to air passenger rights. However, as already mentioned, there are situations when the UK law applies also to other airlines, not only UK airlines. You can see all the possible scenarios here.

Check your compensation online!