How long does a flight have to be delayed for compensation?
If your flight has been delayed, one of the first questions you’ll have is whether you’re entitled to flight delay compensation. The answer depends on how long you were delayed and which rules apply to your flight.
Understanding how long a flight has to be delayed before you can claim is the first step. In this guide, we explain exactly where the thresholds sit, how much you could be owed, and what you need to do to make a successful flight delay claim.
The key delay thresholds you need to know
UK passenger rights law — based on UK Reg (EU) No. 261/2004 (known as UK261) — sets out clear rules about when airlines must act. There are two separate sets of thresholds: one for the right to care (food, drink, accommodation), and another for the right to flight delay compensation.
Right to care: 2, 3 or 4 hours
From the moment your flight is delayed beyond its scheduled departure time, your airline must look after you. How long a flight has to be delayed before care kicks in depends on the flight distance:
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Care includes food and drink appropriate to the waiting time, two phone calls or emails, and hotel accommodation with transfers if you are delayed overnight.
If the airline does not offer you vouchers or assistance, ask a member of staff. If you still receive nothing, keep all receipts for reasonable expenses — you can claim these back. Bear in mind that airlines will not reimburse alcohol, luxury meals, or expensive hotels.
Right to compensation: 3 hours
For flight delay compensation, the key number is three hours. You are entitled to claim if your flight arrives at the destination airport more than three hours late — not three hours after departure, but three hours after the scheduled arrival time.
This is an important distinction. A flight can depart late but still make up time in the air. What counts is when the aircraft doors open at your destination.
How much flight delay compensation can you claim?
The amount of flight delay compensation you can receive is fixed by law. It does not depend on how much you paid for your ticket. The figures are set by flight distance and, for long-haul flights, by how late you arrived:
| Arrival Delay | Flight Distance | Compensation Amount |
|---|---|---|
| 3 hours or more | Under 1,500km | £220 |
| 3 hours or more | 1,500km – 3,500km | £350 |
| 3–4 hours | Over 3,500km | £260 |
| 4 hours or more | Over 3,500km | £520 |
These amounts apply regardless of whether you paid £50 or £500 for your seat. Flight delay compensation is a passenger right, not a goodwill gesture — which is why airlines are legally obliged to pay it when the conditions are met.
Not sure if your delay qualifies for a claim?
Our specialist flight delay claim solicitors at Versus Law have a 98% success rate handling claims against airlines. We work on a no win, no fee basis — so you pay nothing if your claim doesn’t succeed. Get in touch with us today for a free, no-obligation review of your claim.
When does the 5-hour rule apply?
If your flight is delayed by five hours or more and you decide not to travel, you have an additional right: a full refund of your ticket. This applies to the entire booking, including any outward or return legs you won’t be using. You should receive the refund within seven days.
If you are mid-journey and your connecting flight is delayed by five hours or more, you are also entitled to a flight back to the airport you originally departed from.
Crucially, the right to a refund under the five-hour rule is separate from flight delay compensation. You can be entitled to both — for example, if your flight is delayed for six hours and you choose not to travel, you could claim a refund and compensation, depending on the cause of the delay.
Which flights are covered?
Flight delay compensation under UK261 applies to flights where:
- The flight departs from a UK airport — any airline, any destination
- The flight departs from an EU, Iceland, Norway or Switzerland airport — any airline, any destination
- The flight arrives in the UK and was operated by a UK or EU airline
- The flight arrives in the EU and was operated by a UK airline
If none of those apply — for example, a domestic US flight or a non-UK/EU airline flying between two non-UK/EU destinations — your rights will depend on the airline’s own policies and the laws of the countries involved. Contact the airline directly to find out what you may be entitled to.
If you have a connecting flight booked as a single booking and your connection causes you to arrive more than three hours late at your final destination, you can still make a flight delay claim — even if the first leg of your journey departed on time.
What counts as an extraordinary circumstance?
Airlines can refuse to pay flight delay compensation if they can demonstrate that the delay was caused by an ‘extraordinary circumstance’ — something outside their control that could not have been avoided even if all reasonable measures had been taken.
Common examples of extraordinary circumstances include:
- Severe weather conditions that make it unsafe to fly
- Air traffic control strikes or restrictions
- Security alerts at the airport
- Political instability affecting the destination
However, airlines frequently cite extraordinary circumstances when they do not apply. A technical fault with the aircraft is generally not an extraordinary circumstance — it is the airline’s responsibility to maintain their planes. Similarly, crew shortages or late-running aircraft from a previous journey are usually the airline’s responsibility.
If an airline rejects your claim by citing extraordinary circumstances, do not simply accept the refusal. The burden is on the airline to prove the circumstances applied. Our guide to extraordinary circumstances in flight delay claims explains exactly what qualifies — and what does not.
How far back can you claim?
Under UK law, passengers can make a flight delay claim for flights that took place up to six years ago. This is a much longer window than many people realise. If you experienced a significant flight delay in recent years and never claimed, it is not too late to do so.
For EU flights (departing from an EU country before you return to the UK, for example), different national limitation periods may apply depending on the country the flight departed from.
The key thing is not to wait. The longer you leave it, the harder it can become to gather evidence — including documentation about the cause of the delay.
How to make a flight delay claim
Making a flight delay claim involves a few straightforward steps, though airlines can make the process harder than it needs to be.
- Check the delay: confirm your arrival time was more than three hours after the scheduled time
- Check which rules apply: verify that UK261 or EU261/2004 covers your flight based on the departure country and airline
- Contact the airline: submit a written claim to the airline’s customer services or compensation team
- Keep records: save your booking confirmation, boarding passes, and any communication from the airline about the delay
- Escalate if rejected: if the airline refuses or does not respond within eight weeks, you can refer the matter to an approved Alternative Dispute Resolution (ADR) body or take legal action
Airlines do not always take claims seriously when passengers write directly. Having a solicitor handle your flight delay claim significantly increases the likelihood of a successful outcome. For more detail on your rights if your flight was cancelled rather than delayed, see our guide on cancelled flight compensation claims.
For a broader overview of what the UK Civil Aviation Authority says about passenger rights, their guidance on flight delays under UK261 [nofollow | _blank] is a useful reference point.
Ready to make your flight delay compensation claim?
At Versus Law, our specialist flight delay claim solicitors have recovered compensation for thousands of passengers across the UK. We handle everything — from the initial claim letter to court action if necessary — on a no win, no fee basis with a 98% success rate.
Whether your delay was two hours or two days, our team will assess your case and tell you honestly whether you have a claim worth pursuing. Don’t let the airline off the hook.
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