Heathrow has seen sustained disruption over the past week, including a major British Airways baggage system failure at Terminal 5 on 15 May 2026 that left around 20,000 bags stranded, ongoing flight cancellations and delays across multiple airlines, and tube strikes affecting access to the airport. Passengers caught up in any of these disruptions have specific legal rights under retained EU law. This guide sets out what UK261 pays, what the Article 9 duty of care requires regardless of whether compensation is due, and how the Montreal Convention works for delayed or lost luggage.
TL;DR
UK261 (formally the Air Passenger Rights regulations) gives passengers on flights departing UK airports rights to compensation for cancellations and delays of 3 hours or more, where the airline is at fault. Compensation is £220 for short flights, £350 for medium-haul, and £520 for long-haul. Article 9 imposes a separate duty of care: meals, refreshments, accommodation and transport must be provided regardless of whether compensation is owed. Lost or damaged baggage falls under the Montreal Convention, which currently allows claims up to roughly £1,400 per passenger. Extraordinary circumstances such as severe weather or air traffic control strikes can remove the right to compensation but do not remove the duty of care.
Last reviewed: 23 May 2026
When UK261 applies
UK261 is the retained UK version of EU Regulation 261/2004, made into UK law via the Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019. It applies to any flight departing a UK airport, regardless of the airline. It also applies to flights arriving in the UK if operated by a UK or EU airline. Flights wholly outside this scope, such as Dubai to Singapore on Emirates, are not covered.
EU Regulation 261/2004 continues to apply in parallel for departures from EU airports, with compensation paid in euros. A flight from Madrid to London on Iberia is covered by EU261; a flight from London to Madrid on Iberia is covered by UK261.
Compensation amounts
UK261 sets three tiers of compensation based on great-circle flight distance, not flight duration. Short flights, defined as 1,500 kilometres or less, pay £220. Medium-haul flights of between 1,500 and 3,500 kilometres pay £350. Long-haul flights of more than 3,500 kilometres pay £520. These are flat amounts paid per passenger, not per ticket.
Compensation is payable for cancellations notified less than 14 days before departure, and for delays of three hours or more on arrival at the final destination, provided the cause was within the airline's control. Aircraft technical faults are normally classed as within the airline's control. Strikes by the airline's own staff are also within control. Severe weather, air traffic control strikes, and security alerts are normally classified as extraordinary circumstances.
The Article 9 duty of care
Article 9 of UK261 imposes a separate and independent duty of care on the airline once delay thresholds are crossed. This duty applies regardless of whether compensation is owed. It includes meals and refreshments reasonable in relation to the waiting time, hotel accommodation where an overnight stay becomes necessary, transport between the airport and the place of accommodation, and two telephone calls or messages.
If the airline does not provide these directly, passengers can buy what they reasonably need and claim back the cost on production of receipts. The CAA publishes guidance on what is considered reasonable spend. Five-star hotels and champagne dinners are not.
Rerouting and refund rights
For a cancelled flight, the passenger has the right to choose between a full refund of the unused ticket within seven days, or rerouting at the earliest opportunity to the final destination, or rerouting at a later date of the passenger's choosing subject to availability. The airline must offer all three options. Refusing alternative routing to push the passenger toward a refund is not compliant.
If the rerouting option is chosen, the airline must also meet the Article 9 duty of care during any waiting period.
Baggage: the Montreal Convention applies, not UK261
Delayed, damaged or lost baggage is outside the scope of UK261. The relevant law is the Montreal Convention 1999, which the UK has adopted into domestic law. Under the Convention, the airline's liability for baggage is currently capped at approximately 1,288 Special Drawing Rights per passenger, which works out at roughly £1,400 at typical exchange rates. The SDR amount is reviewed every five years.
For the Heathrow Terminal 5 baggage incident, claims would be made under the Montreal Convention, not UK261. Passengers should keep all receipts for emergency replacement clothing and essentials and submit them via the airline's online baggage claims portal. Claims for delayed baggage must normally be made within 21 days of the bag being returned. Claims for lost baggage are typically accepted once the airline confirms the bag is not recoverable, usually after 21 days.
How to actually claim
First, identify the regulation. For a delay or cancellation on a UK-departing flight, UK261 applies. For lost luggage, the Montreal Convention applies. Reference the specific regulation by article number in your claim letter. UK261 compensation is claimed under Article 7. Duty of care reimbursement is claimed under Article 9. Most airlines have an online portal for both.
If the airline refuses or fails to respond within 28 days, the next step is alternative dispute resolution. The CAA has approved several ADR providers for the aviation sector, including AviationADR. The ADR decision is binding on the airline if accepted by the passenger. Beyond ADR, the small claims court is the final route, with the Civil Aviation Authority offering enforcement support in some cases.
Disclaimer
This article is general information on UK air passenger rights. It is not legal advice. Specific claims depend on the facts of the flight, the airline's response, and the regulation under which the claim is made. Anyone with a complex claim, particularly involving large losses or insurance interaction, should consider regulated legal advice. For more on related topics, see Kaeltripton's explore index.
Frequently asked questions
How long do I have to claim under UK261?
The general limitation period for UK261 compensation is six years in England and Wales, and five years in Scotland. It is still sensible to claim as soon as possible, while records are fresh.
What if my delay is caused by weather?
Severe weather is normally classified as an extraordinary circumstance, which removes the right to compensation under Article 7. The Article 9 duty of care still applies: the airline must still provide meals, accommodation and transport.
Are tube strikes an extraordinary circumstance?
Tube strikes affecting passenger access to the airport are not within the airline's control and do not trigger UK261 compensation. They also do not trigger the duty of care because the disruption is not to the flight itself. Travel insurance is the relevant cover for missed flights caused by ground transport failure.
Can I claim under UK261 for a technical fault?
Yes. Aircraft technical faults are generally treated as within the airline's control under the case law interpreting EU Regulation 261/2004, which UK courts continue to follow. The airline has to prove the fault was genuinely beyond its control.
What is the Montreal Convention compensation limit?
The current liability cap for delayed, damaged or lost baggage is 1,288 Special Drawing Rights per passenger, which is approximately £1,400 at typical exchange rates. The cap is reviewed every five years by ICAO.
Do I need travel insurance if UK261 covers me?
UK261 covers compensation and duty of care, but not all losses. Travel insurance covers missed flights caused by ground transport problems, medical emergencies abroad, trip cancellation by the passenger, and other losses that fall outside UK261 and the Montreal Convention.
What is the small claims limit for an air passenger claim?
The small claims track in England and Wales handles claims up to £10,000. Most UK261 claims fall well within this limit and can be pursued without legal representation.
How we verified this
This article draws on the Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019, retained EU Regulation 261/2004, the Montreal Convention 1999 as incorporated into UK law by the Carriage by Air Act 1961, Civil Aviation Authority published guidance on passenger rights and ADR, and Court of Appeal and Supreme Court case law interpreting Regulation 261. Special Drawing Rights values are taken from the International Monetary Fund.
