You are flying with a UK airline: Which laws protect you?
Let's talk about European flight compensation laws.
Which laws protect you when you fly with an airline registered in the UK?
This article explains the circumstances under which you can claim compensation when flying with a UK airline like British Airways, easyJet, FlyBe, Jet2.com, or Virgin Atlantic. Depending on the situation, one or both regulations (EU Regulation 261/2004 and Regulation UK261) may apply. Read on to see all the possible scenarios and find out which regulation works and when.
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Regulation UK261: Basics
After Brexit, the UK government has introduced its own regulations for air passenger rights, namely the UK261. It's practically identical to the EU Flight Compensation Regulation 261/2004.
Both of these regulations offer the same protection, with the only difference being the fact that compensation amounts in the UK are converted into pounds. If your flight falls under the UK261 compensation regulation, then compensation you’ll receive also most likely will be paid in pounds not euros. The other thing is that sometimes you can refer to both, other times — only to one of them. You have to take into account what airline you are flying with (UK, EU, other?).
Knowing which law to refer to when filing a claim is important.
Situations when the Regulation UK261 applies:
- Flight delays of 3+ hours
- Flight cancellations less than 14 days before the date of departure
- Boarding denials due to overbooking
Conditions: it must be fault of your airline.
How much can you claim for your flight?
The compensation amounts are based on the distance of the flight:
- For flights that are 1,500 km or less (usually about 1-2 hours), the compensation is up to GBP 220.
- For flights between 1,500 km and 3,500 km — up GBP 350.
- For flights greater than 3,500 km — up to GBP 520.
Basically, the further the flight, the higher the compensation amount.
You are flying with a UK airline: Which laws protect you?
If you are flying with a UK airline such as British Airways, easyJet, FlyBe, Jet2.com, or Virgin Atlantic, there are different possible scenarios. Depending on the situation, you may refer to either one or both laws. In case of a connecting flight, your final destination should be considered as the actual destination.
All scenarios with UK airlines
Here are all the scenarios when you are protected:
- EU - EU (UK261 & EU261)
- EU - UK (UK261 & EU261)
- EU - Third country (UK261 & EU261)
- UK - EU (only UK261)
- UK - UK (only UK261)
- UK - Third country (only UK261)
- Third country - EU (only UK261)
- Third country - UK (only UK261)
How does it work in the real life?
Below are some real-life examples.
Read more: Who regulates UK airlines?
1. British Airways flight from London to Barcelona
You have a British Airways flight from London Heathrow (LHR) to Barcelona (BCN).
It’s a flight from the UK to a city in the European Union. The airline operating this flight is a British airline.
If this flight is delayed, cancelled or overbooked due to the airline’s fault, you might be entitled to flight compensation from British Airways. When making a claim, refer to the Regulation UK261. It is the only flight compensation regulation which applies to this flight.
EU Regulation 261/2004 doesn’t apply to this flight.
2. EasyJet flight from Berlin to Sharm El Sheikh
You have an easyJet flight from Berlin Brandenburg (BER) to Sharm El Sheikh (SSH).
It’s a flight from a city in the EU to a resort town of a country which is not a part of the EU or UK. The airline operating this flight, easyJet, is a British airline. As it is a British airline, the Regulation UK261 applies to all of its flights, even to flights which are leaving the EU and arriving in a country outside the EU.
In addition to that, this flight is also covered by the EU Regulation 261/2004 which is a flight compensation regulation in the EU. Why is that? Because it’s a flight departing from a country in the European Union. Flights departing from the EU are covered by the EU Regulation 261/2004, even if the operating airline is not registered in the EU.
If your BER — SSH flight is delayed, cancelled or overbooked due to the airline’s fault, you might be entitled to flight compensation from easyJet. When making a claim, in this case, you can refer to either Regulation UK261 or EU Regulation 261/2004 because this flight is protected by both of these laws.
In short — you can refer to both laws in this situation.
3. Virgin Atlantic flight from Los Angeles to London
You have a Virgin Atlantic flight from Los Angeles (LAX) to London Heathrow (LHR).
It’s a flight from a country outside the UK and the EU. The flight lands in the UK, and is operated by the UK airline, Virgin Atlantic. This flight is covered by the Regulation UK261. At the same time, the EU Flight Compensation Regulation 261/2004 doesn’t apply to this flight.
If this flight is delayed, cancelled or overbooked, you might be entitled to flight compensation from Virgin Atlantic under the Regulation UK261. Refer to the Regulation UK261 and make a claim either on your own or via a flight compensation company — we offer such services.
EU Regulation 261/2004 doesn’t apply to this flight.
If your Virgin Atlantic flight landed in the EU instead of the UK, you would still be protected under the Regulation UK261 because all UK airline flights are covered. But again — you would be covered only by this regulation, not the EU flight compensation regulation.
4. Jet2 flight from London to Antalya
You have a Jet2 flight from London Stansted (STN) to Antalya (AYT), Turkey.
It’s a flight from the UK, operated by a UK airline. The flight lands in Turkey. Even though the flight lands in a country outside the UK or the EU, you as a passenger are still protected under the Regulation UK261. Because all UK airline flights are protected under this law.
If this flight is delayed, cancelled or overbooked, you might be entitled to flight compensation from Jet2 under the Regulation UK261. Refer to the Regulation UK261 and make a claim.
EU Regulation 261/2004 doesn’t apply to this flight.
Read more:
Do you have more questions about the Regulation UK261 and your rights as a passenger? About UK flight delay compensation? Flight cancellation compensation?
Featured photo by Jack Edwards