British Airways Compensation: EU261 vs UK261 After Brexit — Up to €600 / £520
Brexit split British Airways compensation into two frameworks: EU261 for flights from EU airports and UK261 for UK departures. The good news — both regulations give you the same core rights and the same compensation amounts. Here's how to claim under either.
EU261 vs UK261 for British Airways
EU261 vs UK261 Comparison — British Airways
| Departure | Law | Short-haul | Medium | Long-haul |
|---|---|---|---|---|
| EU airport (e.g. Frankfurt, Paris CDG) | EU261 | €250 | €400 | €600 |
| UK airport (e.g. Heathrow, Gatwick) | UK261 | £220 | £350 | £520 |
How to Claim from British Airways
Identify which law applies
Did your flight depart an EU airport? EU261 applies. Did it depart a UK airport (Heathrow, Gatwick, Stansted, etc.)? UK261 applies. Both have the same 3+ hour arrival delay threshold and compensation structure.
Document the delay
FlightAware or the BA app. Arrival time = when aircraft doors open at the destination. BA Heathrow hub often means slot restrictions — request the specific ATFM slot number if BA cites ATC as the cause.
Submit via BA's website
britishairways.com → Help → Delay and Cancellation Claims. Include booking reference (BA PNR), flight number (BA + digits), date and actual arrival time. BA typically responds in 4–8 weeks.
Escalate via CEDR (UK) or ADR (EU)
For UK261 claims: CEDR (cedr.com/aviation) — BA participates. For EU261 claims: your national ADR body (SÖP in Germany). CEDR decisions are binding on BA if accepted by the passenger.
Common BA Rejection Reasons — Challenged
Rejection: Technical fault (extraordinary circumstances)
CJEU C-549/07: technical defects are NOT extraordinary. For UK261, the same principle applies. BA must prove the specific fault was unforeseeable and beyond all reasonable control.
Rejection: ATC / Heathrow slot restriction
Valid only if the specific restriction directly caused your delay. Heathrow is notoriously slot-restricted — BA often cites generic 'ATC delay' for delays that have other causes. Request the specific ATFM slot number.
Rejection: Staff strike (extraordinary circumstances)
CJEU C-28/20 (Airhelp v SAS): strikes by the airline's own employees are NOT extraordinary. If BA pilots or cabin crew struck, you retain full compensation rights.
Rejection: Delay under 3 hours
Verify independently on FlightAware. BA sometimes measures from scheduled times rather than actual door-open at destination. Check the specific terminal arrival time.
Frequently Asked Questions
Does EU261 apply to British Airways after Brexit?
EU261 for EU airport departures. UK261 for UK airport departures. Both same amounts — EU261 in €, UK261 in £ (£220/£350/£520).
How much compensation from British Airways?
€250/£220 (under 1,500 km), €400/£350 (1,500–3,500 km), €600/£520 (over 3,500 km). 3+ hours arrival delay required.
How do I claim from British Airways?
britishairways.com → Help → Delay and Cancellation Claims. Booking reference, flight number, actual arrival time. 4–8 weeks. Escalate via CEDR (UK261) or national ADR (EU261) if rejected.
Can I escalate via CEDR?
Yes for UK261 (UK departures). For EU261 (EU departures) use your national ADR body (SÖP in Germany). CEDR decisions are binding on BA.
What if BA rejected for technical fault?
Challenge it. CJEU C-549/07 (EU261) and UK courts both hold that routine technical defects are not extraordinary. File with CEDR or national ADR.
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