UK flight compensation laws: What changed after Brexit?

Nov 12 2024 MFR travel team

Since the United Kingdom’s exit from the European Union (EU) numerous travelers have been curious about how this shift impacts the laws regarding flight compensation for passengers. How will Brexit affect travelers experiencing disruptions or delays in their air travel plans when flying into or out of the UK or connecting through airports. The article discusses the alterations in flight compensation regulations within the UK post Brexit. Contrasts them with EU guidelines while offering advice, on how travelers can pursue compensation for any inconveniences caused by flight issues.

Background on flight compensation laws

Before we start talking about what’s different after Brexit, let’s first get a grip on how flight compensation laws were set up before Brexit came into play. So before Brexit was a thing, the rights of air passengers in the UK were guarded under EU Regulation 261 from 2004. This set of rules made sure passengers had protections, in place like getting compensated for delayed flights cancellations or even if they were denied boarding.

Key features of EU Regulation 261/2004

Compensation amount: Passengers were entitled to compensation based on the distance of their flight and the length of the delay. Compensation ranged from 250 € to 600 €.

Reimbursement or re-routing: Passengers whose flights were cancelled were entitled to a full refund or re-routing to their final destination.

Care and assistance: Airlines were required to provide meals, accommodations, and transport to passengers affected by long flight delays.

Changes to flight compensation laws after Brexit

When the UK left the EU on January 31, 2020, and the transition period ended on December 31, 2020, the UK was no longer bound by EU laws, including Regulation 261/2004. However, the UK government made a significant decision regarding passenger rights:

The UK has decided to keep the EU 261\/2004 within its laws ensuring that the rules regarding flight compensation and passenger rights stay consistent, for flights leaving the UK and, for UK airlines flying into the EU.

While EU 261/2004 is retained, the UK has also established its own regulations, which apply specifically to domestic flights within the UK. The Civil Aviation Authority (CAA) enforces these regulations, ensuring passenger rights are upheld in domestic air travel.

Key differences between EU and UK regulations

Despite retaining much of the previous framework, there are some distinctions between EU and UK flight compensation laws that passengers should be aware of:

EU Regulation 261/2004 is relevant, to flights that leave EU airports and those that land at EU airports by EU airlines; whereas UK regulations cover all flights departing from the UK irrespective of the airlines country of origin. When flying to the UK from an EU airport, with an EU based airline you're still covered by the EU regulations.

The process of seeking compensation remains largely the same, however passengers are now required to submit their claims to airlines and adhere, to the regulations of the United Kingdom. In cases involving flights operated by carriers heading to the UK passengers may find themselves having to deal with claims, under both European Union and UK laws.

How to claim compensation under UK regulations

Passengers in the UK retain the right to compensation for flight delays and flight cancellations, similar to the previous EU laws. Here’s a step-by-step guide to claiming compensation:

Check your eligibility: Determine if your flight qualifies for compensation. This includes flights that were delayed by three hours or more upon arrival or cancelled within 14 days of departure.

Gather documents: Collect all relevant documents, including your booking confirmation, boarding passes, and any communication from the airline regarding the disruption.

Contact the airline: Reach out to the airline directly to file a compensation claim. Provide all necessary details and documentation to support your case.

Use online claim services: If you encounter difficulties with the airline, consider using online services like MYFLYRIGHT, which can help streamline the claims process and ensure your rights are enforced.

Involve the Civil Aviation Authority: If your airline does not respond or denies your claim unjustly, you can escalate the matter to the CAA, which regulates air travel in the UK.

Passenger rights beyond compensation

In addition to compensation, passengers have other rights that remain intact after Brexit. These include:

Right to care: Airlines must provide passengers with meals, refreshments, and accommodation during long delays, similar to EU laws.

Information obligations: Airlines are required to keep passengers informed about their rights and any changes to flight schedules.

Future considerations after Brexit

While current regulations closely mirror the previous EU framework, the future remains uncertain. The UK government has signaled a desire to review and potentially reform passenger rights legislation. Any significant changes to compensation laws will likely be guided by industry consultations, passenger advocacy groups, and public opinion.

Travel tips for passengers post-Brexit

To ensure a smooth travel experience post-Brexit, consider the following tips:

Make sure to stay updated by checking for any updates, from the Civil Aviation Authority (CAA) or your airline related to any modifications, in passenger rights or policies.

Consider buying travel insurance to safeguard your trip, against flight hiccups and add a layer of security for your journey.

Make sure you understand your rights by getting acquainted with the regulations, for flights in the UK and EU so you're prepared for any issues, during your journey.

In summary, while Brexit has altered the regulatory landscape for air passenger rights in the UK, many of the protections offered under EU law remain intact. The passengers entitlements concerning flight delays and cancellations remain robust; however​​ its crucial to graspp​​ how these regulations function given that the UK has exited the EU jurisdiction. Remaining up to date and well prepared will be instrumental, in helping you smoothly navigate the complexities of air travel and ensuring that you can effectively advocate for your rights.

How MYFLYRIGHT can help you

If you experience flight delays or flight cancellations, MYFLYRIGHT can assist you in navigating the claims process under the UK’s flight compensation laws. Our team specializes in ensuring that your rights are upheld and that you receive the compensation you deserve. Whether you're traveling within the UK, to the EU, or from an EU country, MYFLYRIGHT simplifies the claim process, allowing you to focus on your journey while we handle the complexities of your compensation claims.