Yes, EC261 applies in the UK.
Even after Brexit, the European Union Regulation EC261/2004 still protects air passengers in the UK. This regulation means that if your flight is delayed or cancelled, you could get compensation and assistance, such as food and accommodation.
However, there are some changes you need to know about.
Understanding the Basics of EC261
EC261 is a regulation that provides air passengers with specific rights if their flight is disrupted. Created by the European Union, it aims to protect travellers from the trouble caused by delays and cancellations. According to EC261, passengers are entitled to compensation, assistance, and refunds depending on the situation.
For example, if a flight of up to 1,500 kilometres is delayed by more than three hours, you are entitled to €250.
When Does EC261 Apply?
EC261 applies to all flights leaving Europe, no matter the airline.
It also includes flights operated by European-based airlines arriving in Europe.
For simplicity, we often use terms such as “Europe” and “European airline” on this website.
- By Europe, we refer to all the countries where this regulation is applicable.
- By European airline, we mean an airline based in one of these countries (European countries).
By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.
Post-Brexit Changes to EC261
Initially, the regulation covered both EU and UK flights, but Brexit has brought some changes. The main change is that there are now two separate laws.
UK261: The UK’s Version of EC261
Following Brexit, the UK implemented its version of EC261, called UK261.
This law is very similar to EU261’s regulations, meaning passengers on UK flights still have almost the same protections (they are the same in 99% of cases). UK261 applies to flights that depart from or arrive at UK airports, as well as flights operated by UK-based airlines.
Key Differences Between EU261 and UK261
Despite their similarities, some differences exist between EU261 and UK261.
One key distinction is jurisdiction. This means that flights between the UK and the EU might follow different regulations depending on the route and airline.
The route you travel matters.
The airline you fly with matters too.
For UK Airlines:
- UK261 covers ALL their flights.
- EC261 applies to flights within the EU, between the EU and the UK, and between the EU and third countries.
For EU Airlines (including EEA):
- UK261 covers flights from the EU to the UK, the UK to the EU, within the UK, from the UK to third countries, and from third countries to the UK.
- EC261 applies to all flights except those within the UK, from the UK to third countries, and from third countries to the UK.
The main difference is that you need to know which regulation to refer to when making a compensation claim. Although the rights remain the same.
Key points to remember:
- You can sometimes refer to both EC261 and UK261.
- Other times, you’ll refer to only one (depending on the route and airline).
- Both regulations are identical for air passengers.
Real-Life Scenarios and Examples
For a better grasp of EU261 and UK261, let’s look at real-life situations and examples.
Scenario 1 – Delayed Flight from London to Paris
Say, for example, you’re travelling from London to Paris, and your flight is late by four hours.
Because the flight leaves from a UK airport and heads to an EU destination, both EU261 and UK261 may apply. You can refer to both sets of rules when filing a claim.
Next, find out which airline operated the flight.
If it’s a UK airline, you’re only covered by Regulation UK261 – EC261 doesn’t apply in this case.
If it’s an EU airline, you’re covered by both regulations.
If the airline is registered outside the EU and the UK, only the UK regulations apply. This is because the flight departed from an airport in the UK.
Scenario 2 – Cancelled Flight from New York to London
Imagine your flight from New York to London gets cancelled.
In this situation, UK261 protects you.
That’s because your destination is in the UK.
Here, regardless of no matter the airline – EU or UK-based – if you’re flying from another country to the UK on an EU-based airline, EU261 doesn’t cover you. The relevant regulation is UK261.
If your flight from New York to London is with a non-EU/non-UK airline (such as JetBlue, American Airlines, etc.), your flight is not covered by EU and UK rules. As a result, you cannot get compensation. If you’re flying with a non-EU or non-UK airline, compensation rules only apply to flights departing from the EU or UK.
Scenario 3 – London – Bangkok Flight Disruption Due to Bad Weather
Your flight will be delayed or cancelled.
This disruption is caused by bad weather.
In situations like this, airlines are not required to pay compensation under both EU261 and UK261 because the conditions are considered extraordinary circumstances.
Nonetheless, airlines must offer assistance like food and accommodation during delays. This is known as the right to care – simply reach out to the airline to obtain these services.
Since the flight is departing from Europe (UK, EU, EEA), you have the right to this assistance regardless of the airline. This includes airlines from countries like Singapore, Qatar, Australia, and the US.
Do you have other questions about EC261 and flight compensation? Feel free to ask in the comments.