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Delay & Compensation Guide

Know your rights when flights are delayed, cancelled or overbooked. EU261, UK261, South African CPA and Asian regimes explained — with practical steps to claim.

EU261 Up to €600 Flights from EU airports
UK261 Up to £520 Flights from UK airports
SA CPA Up to R3,000 Overbooking + care rights
Asia Care + meals Varies by country
EU Regulation 261/2004 is the most powerful passenger rights law in the world. It applies to any flight departing from an EU airport regardless of airline, and to flights arriving in the EU on an EU-registered airline.

Compensation by distance

Route distanceDelay ≥3hCancelled <14 days notice
Under 1,500 km€250€250
1,500–3,500 km€400€400
Over 3,500 km (EU–non-EU)€600€600

Amounts can be halved if the airline offers re-routing with similar arrival time.

Right to care (any delay)

  • Delay ≥2h: meals and refreshments, 2 free phone calls/emails
  • Delay overnight: hotel accommodation + transport to/from hotel
  • Cancellation: full refund within 7 days OR re-routing at earliest opportunity
  • Denied boarding (overbooking): full compensation + care as above

What does NOT qualify

  • Extraordinary circumstances: severe weather, ATC strikes, security threats
  • Delay under 3 hours at final destination
  • If airline gave ≥14 days notice of cancellation
  • Technical issues caused by hidden manufacturing defect (grey area)

Claim deadline

Currently (2026), you can claim up to 2–6 years after the flight depending on country. France: 5 years. Germany: 3 years. UK (post-Brexit): up to 6 years. Claims management services can do this retroactively.

Changing soon: The EU agreed a reform of EU261 in June 2026 (approved by the European Parliament in July 2026), expected to take effect in 2027. It keeps the compensation amounts and the 3-hour delay threshold exactly as they are — the airline lobby's push to raise it to 4–6 hours did not succeed — but it replaces the country-by-country deadlines above with a single 9-month EU-wide claim window. Once that takes effect, older national deadlines like France's 5 years won't apply to new disruptions — so if you're sitting on an old claim, it's worth filing sooner rather than later.

UK Statutory Instrument 2019/catch-up Regulation mirrors EU261 post-Brexit. Applies to flights departing from UK airports and flights arriving in the UK on a UK-registered carrier.

Compensation by distance (GBP)

Route distanceDelay ≥3hCancelled
Under 1,500 km£220£220
1,500–3,500 km£350£350
Over 3,500 km£520£520

Key differences from EU261

  • Amounts in GBP, not EUR — slightly lower at current rates
  • Claim window up to 6 years (England/Wales) or 5 years (Scotland)
  • EU261 still applies to flights departing EU airports on your trip
  • British Airways, Virgin Atlantic, easyJet, Jet2 are UK-registered

Practical note for SA travellers

If you're flying LHR–JNB on British Airways and your flight is delayed 3+ hours, you're entitled to £520 (approximately R12,000+). BA's online claims portal is reliable — submit directly.

The Consumer Protection Act (CPA) 2008 and Civil Aviation Act govern passenger rights in South Africa. Less prescriptive than EU261 but provides meaningful care rights and some compensation for overbooking.

Your rights under the CPA

SituationEntitlement
Delay ≥3h (domestic)Meals, refreshments, communication
Delay ≥5h (international)Meals, accommodation, transport, communication
Denied boarding (overbooking)Up to R3,000 + re-booking
Cancellation <24h noticeFull refund or re-booking on next available flight
Lost/damaged baggageMontreal Convention limits apply (see below)

Montreal Convention (baggage)

  • Lost baggage: up to approximately 1,288 SDR (~R28,000 at current rates)
  • Delayed baggage: claim reasonable expenses incurred
  • Damaged baggage: repair cost up to the same limit
  • Applies to all international flights on ICAO member airlines
  • Must file a Property Irregularity Report (PIR) before leaving the airport

SARS & customs on return

Delayed baggage arriving days later is still subject to customs duties. Declare verbally at SARS if your bag is delayed — they will note this. When bag arrives, you can re-present to customs if goods require declaration.

Who enforces it in SA?

The National Consumer Commission (NCC) handles CPA complaints. The Civil Aviation Authority (SACAA) handles aviation safety complaints. For airline disputes, escalate through the NCC if the airline's own process fails.

Asia-Pacific lacks a unified equivalent to EU261. Most countries have care obligations (meals, accommodation) but limited cash compensation. The key exception is Malaysia, which has the most developed regime in the region.

Thailand CAAT

Domestic &ge;3h: meals. International &ge;5h: accommodation and transport. No fixed cash compensation — claim through OCPB.

Singapore CAAS

Airlines must have a Consumer Protection Plan. SQ/Scoot have clear policies. No statutory cash compensation — care obligations apply.

Malaysia MAVCOM

Denied boarding: RM200–800. Delay &ge;2h: meals. Delay &ge;6h (international): accommodation. Cancellation: refund or re-route within 48h then compensation kicks in.

Indonesia Min. Transport PM 185/2015

Delay &ge;4h: meals + IDR300,000–1,000,000 compensation. Domestic and international covered.

Vietnam CAAV

Delay &ge;4h: care obligations. Limited cash compensation domestically. No EU-equivalent.

China CAAC

Delay &ge;4h: meals/accommodation. Cash compensation for delays caused by airline (not weather) — typically ¥200–400 domestic. Claim direct with airline.

India DGCA

Delay &ge;2h: meals. Denied boarding: up to ₹10,000 domestic or ₹20,000 international. Cancellation: refund without penalty.

Hong Kong HKCAD

No statutory EU-style compensation. Airlines operate under their own conditions. Cathay Pacific has reasonable customer care policies.

South Korea MOLIT

Denied boarding: KRW200,000–400,000 + care. Delays: care obligations. Limited compensation regime.

Japan MLIT

Comprehensive airline policies but no statutory cash compensation law. JAL/ANA have strong customer care commitments.

The most important thing is acting quickly at the airport. The longer you wait, the harder it is to claim — especially for care rights like meals and hotels.
1

At the airport — immediately

  • Ask the airline gate agent for written confirmation of the delay and reason
  • Request meal vouchers proactively — they often don't volunteer them
  • If overnight: request hotel voucher and transport
  • Keep ALL receipts — meals, transport, phone calls, hotel
  • If baggage delayed: file a PIR (Property Irregularity Report) before leaving arrivals
  • Take photos of departure boards showing delay time
2

Gather your evidence

  • Booking confirmation and ticket number
  • Boarding passes (digital screenshot or physical)
  • Receipts for expenses incurred
  • Written confirmation of delay from airline
  • FlightAware or FlightRadar24 record showing actual arrival time
  • Correspondence with the airline
3

Submit your claim

  • Use the airline's online compensation form first (faster than email)
  • Reference the specific regulation: EU261, UK261 or national equivalent
  • State the exact delay in hours at final destination (not departure airport)
  • Include your bank details — they pay by SWIFT for international claims
  • Chase after 14 days if no response
4

If the airline refuses

  • EU flights: escalate to the national enforcement body (CAA in UK, DGAC in France, LBA in Germany)
  • UK flights: raise with the CAA or an Alternative Dispute Resolution (ADR) scheme
  • SA flights: complain to the National Consumer Commission (NCC)
  • Consider a claims management company: AirHelp, Flightright, ClaimCompass — they take 25–35% of the compensation as fee
  • Small claims court in the departure country is also an option for EU/UK claims
Important: Airlines sometimes offer travel vouchers instead of cash. You are entitled to cash under EU261/UK261 — you can refuse the voucher. Accepting a voucher may waive your right to cash compensation.