The short answer is yes, it still applies.
Despite Brexit, the European Union Regulation EC261/2004 continues to protect air passengers in the UK. Thanks to this regulation if your flight is delayed or cancelled, you may be entitled to compensation and other benefits such as food and accommodation.
However, there are some changes that you have to be aware of.
Understanding the Basics of EC261
EC261 is a regulation that grants air passengers specific rights in case of flight disruptions. Established by the European Union, it aims to protect travellers from the inconvenience of delays and cancellations. Under EC261, passengers are entitled to compensation, assistance, and refunds, depending on the circumstances.
For instance, a delay of more than three hours on a flight of up to 1,500 kilometres entitles you to €250.
When Does EC261 Apply?
EC261 applies to all flights departing from Europe, regardless of the airline.
It also covers flights operated by European-based airlines arriving in Europe.
For simplicity, on this website, we often use the words “Europe” and “European airline”.
- When we say Europe, we mean all the countries where this regulation works.
- When we say European airline, we mean that it’s based in one of those countries (European countries).
By Europe and EU here on this page 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
While the regulation initially applied to both EU and UK flights, Brexit has introduced some changes. The biggest of those changes is that now there are two laws.
UK261: The UK’s Version of EC261
After Brexit, the UK adopted its version of EC261, known as UK261.
This regulation mirrors EU261’s provisions, ensuring that passengers on UK flights still enjoy similar protections (in 99% of situations, they are identical). UK261 applies to flights arriving to or departing from UK airports and those operated by UK-based airlines.
Key Differences Between EU261 and UK261
Despite their similarities, there are some differences between EU261 and UK261.
One notable distinction is the jurisdiction. This means that flights departing from or arriving in the UK may fall under different regulations, depending on the route and airline.
The route you are travelling matters.
And with what airline you fly matters.
If it’s a UK airline:
- UK261 applies to ALL their flights.
- EC261 applies to their EU – EU, EU – UK and EU – third country flights.
If it’s an EU airline (including EEA):
- UK261 applies to their EU – UK, UK – EU, UK – UK, UK – third country, third country – UK flights.
- EC261 applies to all their flights except for UK – UK, UK – third country, third country – UK.
This is the main difference – you have to know what regulation to refer to when making a compensation claim. Even though the rights are the same.
Here’s a short summary of what you need to know:
- Sometimes, you can refer both to EC261 and UK261.
- Other times – only to one (depending on the route and airline).
- Both of them are identical for you as an air passenger.
Real-Life Scenarios and Examples
To provide a clearer understanding of how EU261 and UK261 apply, let’s explore some real-life scenarios and examples.
Scenario 1 – Delayed Flight from London to Paris
Imagine you’re flying from London to Paris, and your flight is delayed by four hours.
Since the flight departs from a UK airport and involves an EU destination, both EU261 and UK261 could apply. You may refer to both regulations when making a claim.
Next, you have to look at what airline operated the flight.
If it’s a UK airline, you are protected only by Regulation UK261 – EC261 doesn’t apply in this case.
If it’s an EU airline, you are protected by both regulations.
If it’s an airline registered outside the EU and the UK, only the UK regulations apply. Because the flight departed from a UK airport.
Scenario 2 – Cancelled Flight from New York to London
Let’s assume, your flight from New York to London is cancelled.
In this case, you are protected by the UK261.
Because the destination is in the UK.
In this scenario, regardless of the airline – EU or UK-based – if you’re flying from a third country to the UK on an EU-based airline, EU261 doesn’t apply. The relevant regulation is UK 261.
If your flight from New York to London is with a non-EU/non-UK airline (for example: Delta, American Airlines, etc.) your flight falls outside the scope of EU and UK regulations. Consequently, you do not qualify for compensation in such circumstances. If it’s a flight with a non-EU/non-UK airline, compensation rules only apply to flights from the EU and UK.
Scenario 3 – London – Bangkok Flight Disruption Due to Bad Weather
Your flight is going to be delayed. Or cancelled.
The reason behind the disruption is bad weather.
In such cases, airlines are exempt from paying compensation under both EU261 and UK261. Conditions like these are known as extraordinary circumstances.
However, the airlines are still required to provide assistance, such as meals and accommodation, during the delay. This is what we call the right to care – just contact the airline to get those services.
Since the flight is from Europe (UK, EU, EEA), it doesn’t matter what airline you are flying with, you have this right to assistance. It can also be an airline from Singapore, Qatar, Australia or the US.
Do you have more questions about EC261 and flight compensation? Ask in the comments.