Question 1

What is EU Regulation EC 261/2004?

Accepted Answer

EC 261/2004 is a European Union regulation that establishes the rights of air passengers when their flights are disrupted. It gives passengers the legal right to financial compensation when their flight is delayed by more than 3 hours at the final destination, cancelled with less than 14 days notice, or when they are denied boarding against their will. The regulation also entitles passengers to a refund or re-routing in the event of a cancellation.

Question 2

What is UK261 and how is it different from EU261?

Accepted Answer

UK261 is the United Kingdom's own version of the same law. When the UK left the European Union, it kept EU261 in its domestic law as a separate regulation, now enforced by the UK Civil Aviation Authority instead of the European Commission. The structure is the same: a flight disruption of a certain length entitles you to a fixed amount of compensation, regardless of what you paid for your ticket. The two differences are the currency (UK261 claims are paid in pounds rather than euros) and the amounts: £220 for flights under 1,500 km, £350 for flights of 1,500 km to 3,500 km, and for flights over 3,500 km, £260 if the delay is 3 to 4 hours or £520 if it is 4 hours or more.

Question 3

Which flights does EC 261/2004 cover?

Accepted Answer

Your flight is covered by EC 261/2004 if it departed from any airport located in a European Union member state, regardless of which airline operated it, or if it arrived at an EU airport and was operated by an airline that is based in the European Union.

Your flight is covered by UK261 instead if it departed from a UK airport on any airline, or if it arrived at a UK airport on an airline based in the UK or the EU.

For example, a flight from Johannesburg (OR Tambo) to Amsterdam on an EU airline such as KLM is covered under EC 261/2004 because it arrives in the EU on an EU carrier.

A flight from Amsterdam to Johannesburg on any airline is covered under EC 261/2004 because it departed from an EU airport.

By contrast, a flight from Johannesburg to Amsterdam operated by South African Airways is not covered under either regulation, it doesn't depart from an EU or UK airport, and South African Airways is not an EU or UK-based carrier, so arriving in the EU on that airline does not bring it into scope.

Question 4

What types of disruption give me the right to compensation?

Accepted Answer

Three types of disruption give rise to a right to compensation under EC 261/2004. First, a flight delay where you arrived at your final destination 3 or more hours later than scheduled. Second, a flight cancellation where the airline informed you of the cancellation less than 14 days before your scheduled departure date. Third, denied boarding, where the airline refused to let you board a flight for which you had a valid confirmed booking and had checked in on time. UK261 recognises the same three types of disruption, delay, cancellation, and denied boarding, under the same rules.

Question 5

How much compensation am I entitled to?

Accepted Answer

The amount of compensation depends on which regulation applies to your flight and the distance travelled. Under EC 261/2004: EUR 250 for flights up to 1,500 km, EUR 400 for flights between 1,500 km and 3,500 km, and for flights over 3,500 km, EUR 300 if the delay was 3 to 4 hours or EUR 600 if the delay was 4 hours or more. Under UK261: GBP 220 for flights up to 1,500 km, GBP 350 for flights between 1,500 km and 3,500 km, and for flights over 3,500 km, GBP 260 if the delay was 3 to 4 hours or GBP 520 if the delay was 4 hours or more. Under both regulations, if the airline provided an alternative flight that arrived within a defined window of your original scheduled arrival time, the compensation may be reduced by 50%.

Question 6

Is this compensation in addition to a ticket refund?

Accepted Answer

Yes. The flat-rate compensation under EC 261/2004 is payable in addition to any refund of your ticket price. They are separate entitlements. If your flight was cancelled, you are entitled to both the flat-rate compensation and a full refund of the unused ticket, or the option to be re-routed to your destination at the earliest opportunity. The same applies under UK261.

Question 7

My flight was delayed. How is the delay measured?

Accepted Answer

The delay that counts under EC 261/2004 is measured at your final destination, based on when the aircraft doors were opened (not when the wheels touched the ground). If you had a connecting flight, the delay is measured at your final booked destination, not at the intermediate stop. UK261 measures delay the same way.

Question 8

My flight was cancelled. Am I definitely entitled to compensation?

Accepted Answer

You are entitled to compensation if you were notified of the cancellation fewer than 14 days before your scheduled departure date. If the airline informed you 14 days or more in advance, compensation under EC 261/2004 is not payable, though you are still entitled to a full refund of your ticket. You are also not entitled to compensation if the cancellation was caused by extraordinary circumstances that the airline could not have avoided (see below). The same 14-day notice rule and extraordinary circumstances exception apply under UK261.

Question 9

What counts as an extraordinary circumstance?

Accepted Answer

Extraordinary circumstances are situations that are outside the airline's control and could not have been avoided even if all reasonable measures had been taken. Accepted extraordinary circumstances include severe weather conditions that make flying unsafe, political instability at the destination, air traffic control strikes, security threats, and hidden manufacturing defects that become apparent immediately before the flight. Routine technical faults with the aircraft, operational decisions by the airline, and strikes by the airline's own staff are generally not accepted as extraordinary circumstances and do not remove the right to compensation. UK261 applies the same standard for extraordinary circumstances as EC 261/2004.

Question 10

How far back can I claim?

Accepted Answer

This depends on which regulation applies. Under UK261, you generally have up to 6 years from the date of the flight to claim. Under EC 261/2004, there is no single EU-wide time limit, it depends on the national law of whichever EU country would have jurisdiction over the claim, and this varies significantly between countries, from around a year in some to 6 years in others. Because of this, we recommend claiming as soon as possible rather than relying on a specific number. Contact us with your flight details and we will confirm the exact deadline that applies to your route.

Question 11

What is the Claim Assignment?

Accepted Answer

The Claim Assignment is the document you sign electronically that transfers your compensation claim to Flightremedy, so the airline pays us directly. In exchange, we're contractually bound to pay you 70% of what's recovered, in full, we cover all conversion and transfer costs; our fee is the remaining 30%. If an airline or court won't accept the transfer, the same agreement automatically lets us pursue the claim in your name instead, on the same terms. If we ever stop pursuing your claim, it transfers back to you automatically and you owe us nothing.

Question 12

What happens after I submit my claim?

Accepted Answer

We assess your flight against EU261 and UK261, and confirm by email if it qualifies. As soon as you sign your Claim Assignment, we send the airline formal notice and a compensation demand, we don't wait on any fellow passengers, theirs go out as soon as they sign too. You can follow progress in your account.

Question 13

How long does the process take?

Accepted Answer

Straightforward cases where the airline cooperates typically resolve within 6 to 12 weeks. If the airline rejects the claim and we need to escalate to a National Enforcement Body or initiate court proceedings, the process can take between 6 and 18 months. We will always keep you informed and we will never abandon a claim we believe to be valid. These timelines are the same whether your claim falls under EC 261/2004 or UK261.

Question 14

What happens if the airline rejects my claim?

Accepted Answer

We push back, and if needed escalate to dispute resolution, the relevant National Enforcement Body, or court proceedings through our local partners, all at our cost. If every avenue fails, you pay nothing. If we conclude a claim can't succeed, we tell you and it transfers back to you automatically, free to pursue yourself.

Question 15

How much does it cost to use Flightremedy?

Accepted Answer

Nothing unless we win. No upfront costs, no admin fees, nothing if your claim fails. If we recover compensation, our fee is 30%, inclusive of VAT if any, and you receive 70% in full, we cover all conversion and transfer costs.

Question 16

What is your success fee?

Accepted Answer

30% of the compensation recovered, converted to rand. You receive the other 70%, in full, we bear all bank, transfer and conversion charges. Every payout comes with a settlement statement, and worked examples are in the Fee and Payout Schedule in our Terms and Conditions.

Question 17

When and how will I receive my compensation?

Accepted Answer

Within 10 business days of the airline's payment clearing and being matched to your claim. We pay by EFT, in rand, to your South African bank account (for a child, to the signing parent or guardian), with a settlement statement showing the full calculation.

Question 18

What if the airline pays me directly instead of paying Flightremedy?

Accepted Answer

It happens, some airlines ignore the transfer and pay the passenger directly. If so, tell us within 5 business days and pay our 30% fee within 7 business days, calculated on the amount the airline paid, converted at the South African Reserve Bank rate for that date. Your 70% is already with you, nothing else changes.

Question 19

What documents do I need to submit a claim?

Accepted Answer

You will need your boarding pass for the disrupted flight and a copy of your passport or national identity card. It is also helpful to include your booking confirmation and any correspondence you received from the airline, but these are not strictly required to submit the claim. If any documents are missing, our team will contact you.

Question 20

What if I do not have my boarding pass?

Accepted Answer

Please submit what you have. In many cases, a booking confirmation or a screenshot of your airline account showing the booking is sufficient. Your airline's own records can also be used to establish that you were a passenger on the flight. Contact us if you are unsure and we will advise.

Question 21

Is my personal data safe?

Accepted Answer

Yes. All personal information is processed in compliance with South Africa's Protection of Personal Information Act (POPIA), with safeguards aligned to the EU GDPR. Your identity documents are encrypted at rest and are never shared with any third party other than the airline and, if required, the relevant legal authority handling your claim. We delete your identity documents once your claim is fully resolved. Full details of how we handle your data are set out in our Privacy Policy.

Question 22

Can I claim for other passengers on the same booking?

Accepted Answer

Yes. Add every passenger when you submit the claim. Each adult must sign their own Claim Assignment, since you can't authorise another adult's claim, we email each one a personal signing link. A parent or guardian signs for children under 18. Your claim goes to the airline as soon as you sign, it doesn't wait on your fellow passengers, theirs follow independently as they sign.

Question 23

I accepted a food or travel voucher from the airline. Can I still claim cash compensation?

Accepted Answer

Meals, refreshments and hotel accommodation during the disruption don't affect your right to cash compensation, you can still claim in full. A travel voucher offered instead of cash compensation is different: if you accepted one in full and final settlement before signing with us, the claim may already be settled, and we'll assess this. If a voucher is offered during our process, the choice to accept is always yours; if you do, our fee is 30% of its cash value, payable directly to us since the voucher goes to you.

Frequently asked questions

Understanding EC261 and UK261