After Brexit, the United Kingdom is no longer part of Europe and the European Union. This also means that the regulations as we know them in Europe no longer apply anymore after 31 December 2020. Air passenger rights have been taken over in the UK version of Regulation 261/2004 called The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019. At EUclaim, we know all about the UK Regulation and can advise passengers correctly on what they are entitled to.
The legislation The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 concerns all flights relating to the United Kingdom. This means that you can only rely on these regulations if:
- Your flight takes off from the United Kingdom, or
- the flight is operated by a UK airline.
The route of your flight and the airline operating the flight ultimately determines under which regulation you fall with your delayed or cancelled flight.
Example: Suppose you are flying from London to Bangkok on British Airways. You arrive with a four-hour delay. In this situation, your flight falls under The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 and you are entitled to compensation.
Right to compensation for loss of time
The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 continues to apply the same rules as Regulation 261/2004. You may therefore be entitled to compensation in the following situations:
- Long flight delay
- Cancellation shortly before departure
- Missed connecting flight
- Denied boarding on the flight
Of course, even with these regulations, it is important that you have a valid booking for the flight in question.
Amount of compensation
The British regulation sets out the amounts of the compensation. Whereas Regulation 261/2004 makes a distinction between flights within and outside the EU, this is not the case in The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019. The fees covered by this legislation are also always paid in pounds.
- £220 compensation for a flight up to 1500 km
- £350 compensation for a flight between 1500 and 3500 km
- £520 compensation for a flight over 3500 km
Calculate the distance of your flight
No entitlement in case of extraordinary circumstances
As with Regulation 261/2004, passengers are not entitled to compensation if the delay was caused by an extraordinary circumstance. This means that the airline is not responsible for the problems that arose with the flight such as strikes, emergency medical landings, manufacturing defects or poor weather conditions.
Claim Expiry Date
In the UK there the limitation to issue a claim is six years from the flight date. This means that your claim must be filed with a court no later than six years after the flight date.
Filing a claim with EUclaim
Not sure whether you are entitled to compensation for your loss of time? Please fill in your flight details in our calculator and you will receive advice on your rights immediately.Check your rights