When calculating the length of a flight delay under EU regulation 261, the arrival time is when at least one of the plane doors is opened.
The definition of how the arrival time should be calculated for flight delay compensation claims under EU regulation 261 has been contested in several high-profile court cases for over a decade.
Arrival time is not when the aircraft lands on the runway, comes to a standstill, or even arrives at the gate. It is only calculated by when one of the plane’s doors is opened.
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How To Calculate The Arrival Time For Flight Delay Compensation?
Arrival Time Is
Arrival Time Is Not
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Case History Relating To Definition Of Arrival Time
In November 2009, the European Court of Justice confirmed in the case of Sturgeon vs Condor that passengers are entitled to compensation where they suffer a loss of time equal to or over three hours, that is, where they reach their final destination three hours or more after the originally scheduled arrival time by the air carrier.
The exact time of arrival is usually clear to both the airline and the passenger. The exception, however, is when the arrival delay is close to the 3-hour threshold. In these cases, it is essential to identify precisely when the flight arrived.
In the case of Germanwings GmbH v Ronny Henning (C‑452/13), in September 2014, the Court of Justice of the European Union (“CJEU”) was asked to consider whether arrival delay meant:-
a) the time that the aircraft lands on the runway (“touchdown”);
b) the time that the aircraft reaches its parking position and the parking brakes are engaged, or the chocks have been applied (“on-block time”);
c) the time that the aircraft door is opened;
d) some other time as agreed between the parties.
The highest Court in Europe noted that passengers are confined in the aircraft for the entirety of the flight, and this situation does not change when the flight touches down or when the aircraft reaches its parking position and applies the brakes.
It is only when the passengers are permitted to leave the aircraft, and the order is given to open the doors that the passengers may, in principle, resume their normal activities without being subject to those constraints.
Accordingly, the Court ruled that ‘arrival delay’ corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.
Anybody travelling by air will appreciate that there can often be a considerable period between the aircraft parking and the doors being opened.
If a passenger is subject to an arrival delay that is on the cusp of the threshold, they would be advised to take photographs of the aircraft doors to show that they remained closed beyond the threshold time. This can later be used as evidence if the airline argues that the delay was less than 3 hours.
Recent Successful Flight Compensation Claims
Bott and Co help couple receive £350 each in compensation after arriving on holiday to Corfu late.
We secured compensation for family of 3 who missed a day of their holiday due to flight cancellation.
Family receive £350 compensation each after Jet2 flight to Manchester from Antalya was delayed for 22.5 hours.
Family instruct Bott and Co after missing connecting flight to London due to BA departure delay at JFK Airport.
We helped family of 4 flying from Lithuania to London receive £350 each for flight cancellation.
Family of 4 returning from their holiday in Turkey arrive home 2 days late following flight cancellation.
Passengers receive £350 each after their flight to Tunisia was cancelled and rescheduled for 24 hours later.
Family going to Miami with American Airlines were rerouted to New York AND Dallas before arriving in California.
Family of 4's delay at Birmingham Airport led to missed connection in Dubai and new flight given 3 days later.
How Do I Know If My Flight Is Eligible For Flight Compensation?
EU Reg 261 protects airline passengers whose flights departed from or arrived at a UK or EU airport on a UK or EU airline. You can claim for delayed flights that departed in the last six years.
Under UK law, you will be able to make a claim for EU261 compensation if your flight:
Flights Covered By EU261
| Departing From | Arriving To | Can I Claim? |
|---|---|---|
| Airport inside UK/ EU | Airport inside UK/EU |
Yes (Claimable for any airline) |
| Airport inside UK/ EU | Airport outside UK/EU |
Yes (Claimable for any airline) |
| Airport outside UK/EU | Airport inside UK/EU |
Yes (If on an EU based airline) |
| Airport outside UK/EU | Airport outside UK/EU |
No |
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When Can I Claim Flight Delay Compensation?
You may be entitled to claim up to £520 per passenger in flight delay compensation if your flight arrives at least three hours later than scheduled and the delay was the airline’s responsibility and not an “extraordinary circumstance.”
You can also claim flight compensation if your flight was cancelled, you were involuntarily denied boarding, or you missed a connecting flight.
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How Much Flight Delay Compensation Can I Claim?
The maximum compensation you can claim for a delayed flight is £520 per passenger. How much you can claim will depend on how many hours your flight was delayed and the flight distance.
The level of compensation increases the longer you are delayed and the further the distance of your flight. You can claim for each passenger individually. If you were a family of four and were due £520 each, the total amount would be £2080.
The compensation amounts are fixed and unrelated to the ticket cost, the class of the fare you booked or whether you used air miles.
Our table below shows how much flight delay compensation you could claim.
EU261 Flight Delay Compensation Claim Amounts in UK Pounds
| Flight Distance | Less than 3 hours | 3 hours or more | More than 4 hours | Never arrived |
|---|---|---|---|---|
| All flights 1,500km or less |
£0 |
£220 |
£220 |
£220 |
| Internal EU flights over 1,500km |
£0 |
£350 |
£350 |
£350 |
| Non-internal EU flights between 1,500km and 3,500km |
£0 |
£350 |
£350 |
£350 |
| Internal EU flights over 3,500km |
£0 |
£260 |
£520 |
£520 |
Meet Our Solicitors
Coby Benson
A member of The Law Society and a SRA Registered Solicitor, Coby has been instrumental in establishing flight delay compensation law in the UK, including playing a significant part in the landmark cases of Huzar v Jet2 and Dawson v Thomson at The Supreme Court.
Coby is regularly asked for comment in the national media, regularly featuring in The Daily Telegraph, The Times, The Guardian and The Independent as well as appearing on BBC Television, Sky News, ITV and BBC Radio 4 and Radio Five Live.
