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Passenger Rights Post-Brexit

Navigating turbulent times

Despite the UK’s decision to leave the EU, British passengers can still make a claim. And could be owed hundreds.

Up to £520 compensation

Expert support when you need it

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100% no win, no fee

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You’re still covered if you Leave late

The withdrawal of the UK from the EU — what we all refer to as Brexit — came with its fair share of baggage in UK legislation. One crucial area affected by the transition was air passenger rights. Prior to Brexit, the UK adhered to the European Regulation EC261/04 (EC261), safeguarding passenger rights in the face of flight disruption.

Established by the European Parliament and the Council of the European Union, EC261 protects air passengers with a number essential rights. It covers flight delays, cancellations, denied boarding, and mishandled baggage, and has been key in upping passenger satisfaction since 2004.

Some things still Remain

Since Brexit became official on 1 January 2021, the UK is no longer an EU country and UK airlines are no longer EU airlines.

However, to maintain air passenger rights, the UK government incorporated the core principles of EC261 into UK domestic law, in accordance with the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 (“UK261”).

This means that:

The rights under EC261 still apply, with minor amendments brought forward by the UK261 Regulation;
Your rights stay the same under the Withdrawal Agreement
As mentioned above, the UK has put laws in place to replicate and preserve the rights you would have had, had Brexit not taken place.

Your flight, your post-Brexit rights

EC261 Regulation gives you the right to compensation, care and assistance if your flight is cancelled, delayed or overbooked.

It applies to all flights within the EU, and for any flights from an EU country to a non-EU country. It also covers flights from a non-EU country to an EU country, so long as an EU airline is operating the flight.

The UK261 Regulation carries over all of the principles and rights of the EC261 Regulation with just a few tweaks so that it applies to:

all passengers departing from a UK airport
and all passengers departing from airports outside the UK to airports in the UK or run by UK air carriers.

Ultimately, passengers therefore enjoy exactly the same coverage as they did before, their claim may just fall under 2 regulations. But don’t worry, we’ll sort all of that for you.

Airmiles have never been more valuable

Whether your claim falls under the EC261 Regulation or the UK261 Regulation, the only difference is the currency (and a few digits of conversion) you’ll receive your compensation in.

Under EC261 Regulation

...
Up to

£220

for flights up to 1,500 km

eg. London to Edinburgh

...
Up to

£350

for flights 1,500km to 3,500km

eg. London to Athens

...
Up to

£520

for flights over 3,500km

eg. London to Tokyo

Under EC261 Regulation

...
Up to

£220

for flights up to 1,500 km

eg. London to Edinburgh

...
Up to

£350

for flights 1,500km to 3,500km

eg. London to Athens

...
Up to

£520

for flights over 3,500km

eg. London to Tokyo

These amounts can be reduced by 50% if your airline offers an alternative flight which meets specific time criteria relative to the original schedule.

Your Compensation Checklist

You found out about the cancellation less than 14 days before departure
You arrived at your destination 3 or more than 3 hours later than planned
You checked in for your flight no less than 45 minutes before departure
You encountered these problems on a flight operated no more than 6 years ago
The airline was responsible for the delay or cancellation
The flight took off in the EU or UK, or landed in the EU or UK (on an EU or UK airline)

Did Brexit do away with ‘extraordinary circumstances’?

No, they’re still here. Often seen as an airline’s get-out-of-jail-free card, they can be the legal loophole any airline needs to save some money during cancellations or delays. Some of the most common include:

Bad weather conditions

Air traffic control

Crew sickness

Public strikes

Lightning strikes

Bird strikes

And while these situations allow airlines to defend themselves from coughing up compensation, they do not automatically exempt them from doing so. According to the ECJ ruling of 11 June 2020 (Case C-74/19), they must prove that they took all possible measures to re-route affected passengers at the earliest opportunity.

Eat up every second

The longer you’re delayed, the more you're protected.

2 hours or more

The airline must offer you free drinks and snacks

3 hours or more

You’re due compensation of £220 - 520 per person

5 hours or more

You can choose to cancel your flight, and get a full refund for your troubles

Overnight

You’re entitled to one night in a hotel, including transport to and from the airport

If you miss your connection, use the extra time to your advantage.

They might come in handy when you claim.

1

Keep hold of all relevant travel documents. Boarding cards, parking tickets, receipts…

2

Ask the airline for written confirmation for the cause of the delays

3

Help yourself to complimentary food and drinks at the airport

4

Submit your claim to FlightReclaim247

Caught up in all the disruption?

100% No win, No Fee

FREE check of compensation amount

Flights leaving and arriving in the UK/EU

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