Does EC261 Still Apply in the UK?

Yes, it still applies.

Even after Brexit, the European Union Regulation EC261/2004 remains effective in protecting air travellers in the UK. Because of this regulation, if your flight is delayed or cancelled, you might be eligible for compensation and other advantages like free meals and accommodation.

However, note that there are some changes you need to be aware of.

Understanding the Basics of EC261

EC261 is a law that gives air passengers certain rights when their flights are disrupted. Introduced by the European Union, its purpose is to protect travellers from the problems caused by delays and cancellations. According to EC261, passengers can get compensated, receive support, and get refunds based on the situation.

For example, if a flight under 1,500 kilometres is delayed by more than three hours, you are entitled to €250.

When Does EC261 Apply?

EC261 applies to any flight that departs from Europe, no matter which airline operates it.

It also covers flights operated by European airlines that are arriving in Europe.

To make it simple, we often refer to “Europe” and “European airline”.

By Europe, we mean all the countries where this rule applies.
By European airline, we mean an airline based in a European country.

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

While originally the regulation applied to flights from both the EU and the UK, Brexit has brought about some changes.

The main change is that there are now two separate laws.

UK261: The UK’s Version of EC261

Following Brexit, the UK introduced its own version of EC261, called UK261.

This rule closely follows the guidelines of EU261, ensuring that passengers on UK flights still have nearly the same rights and protections (in almost all cases, they are the same). UK261 covers flights going to or leaving from UK airports, as well as those run by UK-based airlines.

Key Differences Between EU261 and UK261

Although EU261 and UK261 share similarities, they also have differences.

One main difference is jurisdiction. If the flight is from or to the UK, or is operated by a UK airline it may not be protected under the European regulation but only the UK261.

The route you are taking is important.

The airline you choose also matters.

If it’s a UK airline:

UK261 is applicable to all their flights.
EC261 applies to their flights within the EU, flights from the EU to the UK, and flights from the EU to other countries.

If it’s an EU airline (including EEA):

UK261 applies to flights from the EU to the UK, from the UK to the EU, within the UK, from the UK to third countries, and from third country to the UK.
EC261 applies to all their flights except for those within the UK, from the UK to a third country, and from a third country to the UK.

The key difference is knowing which regulation to refer to when making a compensation claim. However, the rights remain the same.

Here’s a brief overview of what you need to understand:

You can sometimes refer to both EC261 and UK261.
Sometimes, you might need to refer only to one, depending on your travel route and airline.
As an air passenger, both regulations are the same for you.

Flight information screen at the airport

Real-Life Scenarios and Examples

To give a better idea of how EU261 and UK261 work, let’s dive into some 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 4 hours delayed.

Since the flight departs from a UK airport and lands in an EU country, both EU261 and UK261 regulations might apply. That’s why it’s important to know what airline operated the flight.

If it’s a UK airline, then only UK261 rules apply – EU261 doesn’t cover this case.

If it’s an EU airline, then you are covered by both regulations.

If it’s an airline registered outside the EU and the UK, only the UK rules apply since the flight departed from a UK airport.

Scenario 2 – Cancelled Flight from New York to London

Imagine your flight from New York to London gets cancelled.

In this case, you are protected by UK261 regulations.

This is because the destination is in the UK.

In this situation, no matter which airline – whether it’s from the EU or the UK – if you’re flying from a country outside the EU to the UK on a European airline, the EU261 regulation doesn’t cover you. Instead, the UK261 regulation is applicable.

If your flight from New York to London is with an airline that is neither EU nor UK-based (for example: American Airlines, Delta, etc.), then your flight is outside the coverage of EU and UK rules. Therefore, you are not entitled to compensation in such cases. For flights with non-EU/non-UK airlines, compensation rules apply only to those departing from the EU and UK.

Scenario 3 – London – Bangkok Flight Disruption Due to Bad Weather

Your flight will either be delayed or cancelled.

The reason for the disruption is adverse weather conditions.

In such situations, airlines are not obligated to provide compensation under both EU261 and UK261 regulations. These weather-related issues are categorized as extraordinary circumstances.

Regardless, airlines must still offer support such as meals and accommodation during delays. This is known as the right to care – just reach out to the airline to ask about these services.

Since the flight starts in Europe (UK, EU, EEA), it doesn’t matter which airline you are flying with; you have the right to assistance. This applies even if you are flying with an airline from other countries such as Singapore, Qatar, Australia, or the US.

Have more questions about EC261 and flight compensation? Ask in the comments.