FlightRepay

GLOSSARY

Flight compensation terms, defined

42 terms from EC 261, UK 261 and the case law that interprets them, each defined in one or two sentences and tied to the article or judgment it comes from. These are the words that appear in rejection letters, and knowing which article defines each one is usually enough to read a letter properly.

REVIEWED AGAINST RULE SET V5 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026

Index

Every definition is anchored, so a link to a single term can be shared on its own.

All reasonable measures

UK 261 AND EC 261

The second half of the Art. 5(3) defence: even where an extraordinary circumstance is proved, the carrier escapes compensation only if it could not have avoided the consequences. Wallentin-Hermann holds that meeting the minimum maintenance rules does not by itself satisfy the test.

Case C-549/07 Wallentin-Hermann v Alitalia, judgment of 22 December 2008 (ECLI:EU:C:2008:811) · Case C-74/19 LE v Transportes Aéreos Portugueses, judgment of 11 June 2020 (ECLI:EU:C:2020:437)

SEE ALSO Wallentin-Hermann, C-549/07 · TAP, C-74/19

Article 7(2) reduction

UK 261 AND EC 261

The provision allowing compensation to be reduced by 50 percent where the carrier offers re-routing and the arrival delay stays inside the window for the distance band. Above 3,500 km that turns €600 into €300.

Regulation (EC) No 261/2004, Art. 7(2)

SEE ALSO Why is long haul delay compensation sometimes halved? · I was rebooked and still arrived 3 hours late. Does that count?

Bird strike

UK 261 AND EC 261

A collision between an aircraft and a bird. Pešková held it is an extraordinary circumstance whether or not it caused damage, while requiring the carrier to prove the preventive measures within its own responsibility that it actually took for the affected flight.

Case C-315/15 Pešková and Peška v Travel Service, judgment of 4 May 2017 (ECLI:EU:C:2017:342)

SEE ALSO Pešková, C-315/15 · Can I claim compensation if weather delayed my flight?

Cancellation

UK 261 AND EC 261

The non operation of a flight which was previously planned and on which at least one place was reserved (Art. 2(l)). Sousa Rodríguez extended it to an aircraft that takes off and is forced to return to the departure airport, with passengers transferred to other flights.

Regulation (EC) No 261/2004, Art. 2(l) · Case C-83/10 Sousa Rodríguez v Air France, judgment of 13 October 2011 (ECLI:EU:C:2011:664)

SEE ALSO What am I entitled to when my flight is cancelled? · Sousa Rodríguez, C-83/10

Care thresholds

UK 261 AND EC 261

The departure delay at which the Art. 9 duty of care begins, scaled by distance in Art. 6: two hours up to 1,500 km, three hours on intra Community flights above that and other flights up to 3,500 km, and four hours on everything else. The 3 hour compensation rule is separate.

Regulation (EC) No 261/2004, Art. 6 · Regulation (EC) No 261/2004, Art. 9

SEE ALSO What is the airline required to give me while I wait at the airport? · Is there compensation for a 2 hour flight delay?

Check in deadline

UK 261 AND EC 261

Art. 3(2) requires the passenger to present for check in as instructed by the carrier, tour operator or travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time. Missing it takes the flight outside the regulation.

Regulation (EC) No 261/2004, Art. 3(2)

SEE ALSO I arrived late at the gate and was refused boarding. Do the rules cover me? · Can I claim without a boarding pass?

Confirmed reservation

UK 261 AND EC 261

One of the two conditions in Art. 3(2) for the regulation to apply to a passenger, alongside presenting for check in on time. A ticket on standby or a waitlisted booking is not a confirmed reservation.

Regulation (EC) No 261/2004, Art. 3(2)

SEE ALSO Can I claim without a boarding pass? · I arrived late at the gate and was refused boarding. Do the rules cover me?

Crew sickness

UK 261

Illness of a pilot or cabin crew member. Lipton, decided by the UK Supreme Court in 2024, held that a captain reporting sick shortly before a flight is not an extraordinary circumstance because crew illness is part of running an airline.

Lipton and another v BA Cityflyer Ltd [2024] UKSC 24, judgment of 10 July 2024

SEE ALSO Lipton, [2024] UKSC 24 · The airline says extraordinary circumstances. What does that actually mean?

Denied boarding

UK 261 AND EC 261

A refusal to carry a passenger who presented for boarding under the Art. 3(2) conditions, except where there are reasonable grounds such as health, safety, security or inadequate travel documents (Art. 2(j)). Only refusal against the passenger's will carries the fixed compensation.

Regulation (EC) No 261/2004, Art. 2(j) · Regulation (EC) No 261/2004, Art. 4

SEE ALSO What am I entitled to if I am denied boarding? · What counts as involuntary denied boarding?

Directly connecting flights

UK 261 AND EC 261

Legs booked as a single reservation with a through connection. Art. 2(h) makes the last flight's destination the final destination, and Folkerts holds that compensation follows the arrival delay there even where the first leg's departure delay was small.

Regulation (EC) No 261/2004, Art. 2(h) · Case C-11/11 Air France v Folkerts, judgment of 26 February 2013 (Grand Chamber, ECLI:EU:C:2013:110)

SEE ALSO Can I claim compensation for a missed connection? · My connection was on a separate ticket. Can I claim?

Distance band

UK 261 AND EC 261

The three tiers in Art. 7(1) that fix compensation by flight distance rather than by fare: Up to 1,500 km pays €250, 1,500 to 3,500 km pays €400, and Over 3,500 km pays €600. The retained UK regulation pays £220, £350 and £520.

Regulation (EC) No 261/2004, Art. 7(1) · The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019/278), reg. 8

SEE ALSO How much is a delayed flight claim worth? · Does the price I paid affect the compensation?

Diversion

UK 261 AND EC 261

Landing at an airport other than the scheduled one. TAP held that a diversion to offload a disruptive passenger is an extraordinary circumstance, and that its effect can carry forward to a later flight on the same aircraft if the carrier proves what it did afterwards.

Case C-74/19 LE v Transportes Aéreos Portugueses, judgment of 11 June 2020 (ECLI:EU:C:2020:437)

SEE ALSO TAP, C-74/19 · My flight was late because the inbound aircraft was late. Can I claim?

Downgrading

UK 261 AND EC 261

Being placed in a lower class than the one booked. Art. 10(2) requires reimbursement within seven days of 30 percent of the ticket price up to 1,500 km, 50 percent on intra Community flights above that and other flights up to 3,500 km, and 75 percent on all other flights.

Regulation (EC) No 261/2004, Art. 10(2)

SEE ALSO What am I entitled to if the airline downgrades me?

Duty of information

UK 261 AND EC 261

Art. 14 requires a legible notice at check in telling passengers to ask for a written statement of their rights, and a written notice of the rules for compensation and assistance for every passenger affected by a cancellation or long delay.

Regulation (EC) No 261/2004, Art. 14

SEE ALSO What do I need to make a flight compensation claim? · The airline rejected my claim. What routes exist?

EC 261

EC 261

Regulation (EC) No 261/2004, the EU rules on denied boarding, cancellation and long delay. It fixes compensation at €250, €400 or €600 by distance and applies to departures from EU airports on any airline, and to arrivals on EU carriers.

Regulation (EC) No 261/2004 · Regulation (EC) No 261/2004, Art. 3(1)

SEE ALSO Which flights does EC 261 cover? · UK 261 or EC 261: which one covers my flight?

Extraordinary circumstances

UK 261 AND EC 261

The Art. 5(3) defence. Wallentin-Hermann defines it as events which, by their nature or origin, are not inherent in the normal exercise of the carrier's activity and are beyond its actual control. The carrier must prove both the circumstance and that the consequences could not have been avoided.

Regulation (EC) No 261/2004, Art. 5(3) · Case C-549/07 Wallentin-Hermann v Alitalia, judgment of 22 December 2008 (ECLI:EU:C:2008:811)

SEE ALSO The airline says extraordinary circumstances. What does that actually mean? · Wallentin-Hermann, C-549/07

Final destination

UK 261 AND EC 261

The destination on the ticket presented at check in or, for directly connecting flights, the destination of the last flight (Art. 2(h)). It is the point at which the delay is measured and the point that sets the distance band, which is why a short connecting leg can carry the top band.

Regulation (EC) No 261/2004, Art. 2(h) · Case C-11/11 Air France v Folkerts, judgment of 26 February 2013 (Grand Chamber, ECLI:EU:C:2013:110)

SEE ALSO Which distance counts for a missed connection claim? · Folkerts, C-11/11

Further compensation

UK 261 AND EC 261

Art. 12 preserves a passenger's right to claim beyond the fixed sums, under national law or the Montreal Convention. Sousa Rodríguez holds it can cover non material damage but cannot be used to recover care costs the airline should have paid under Articles 8 and 9.

Regulation (EC) No 261/2004, Art. 12 · Case C-83/10 Sousa Rodríguez v Air France, judgment of 13 October 2011 (ECLI:EU:C:2011:664)

SEE ALSO Sousa Rodríguez, C-83/10 · Can I get a refund and compensation for the same cancelled flight?

Great circle distance

UK 261 AND EC 261

The shortest distance over the earth's surface between two airports, which Art. 7(4) makes the measurement for the distance bands. It is shorter than the route actually flown, and it is measured from the first departure point to the final destination rather than leg by leg.

Regulation (EC) No 261/2004, Art. 7(4) · Regulation (EC) No 261/2004, Art. 2(h)

SEE ALSO Which distance counts for a missed connection claim? · How much is a delayed flight claim worth?

Involuntary denied boarding

UK 261 AND EC 261

Refusal of boarding against the passenger's will under Art. 4(2), which arises where too few volunteers come forward. Art. 4(3) then requires the carrier to compensate immediately under Art. 7 and to assist under Articles 8 and 9.

Regulation (EC) No 261/2004, Art. 4(2) · Regulation (EC) No 261/2004, Art. 4(3)

SEE ALSO What am I entitled to if I am denied boarding? · What counts as involuntary denied boarding?

Lawful strike

UK 261 AND EC 261

Industrial action called by a union in compliance with national notice requirements. Airhelp v SAS held that a lawful strike by the carrier's own staff is still not an extraordinary circumstance, because collective bargaining is inherent in running an airline.

Case C-28/20 Airhelp v SAS, judgment of 23 March 2021 (Grand Chamber, ECLI:EU:C:2021:191)

SEE ALSO Airhelp v SAS, C-28/20 · Can I claim when an air traffic control strike delays my flight?

Limitation period

UK 261 AND EC 261

The deadline for starting a court action on a claim. Cuadrench Moré holds that for Regulation 261/2004 compensation the period comes from each Member State's own rules rather than from the Montreal Convention, which is why the answer differs by departure country.

Case C-139/11 Cuadrench Moré v KLM, judgment of 22 November 2012 (ECLI:EU:C:2012:741) · Limitation Act 1980, s. 5

SEE ALSO How long do I have to claim compensation for an EU flight? · Cuadrench Moré, C-139/11

Loss of time

UK 261 AND EC 261

The interest the fixed compensation protects. Nelson describes it as an inconvenience suffered identically by every passenger on the aircraft, which is why the amount is standardised by distance and why it falls outside the damage regime of the Montreal Convention.

Joined Cases C-581/10 and C-629/10 Nelson v Deutsche Lufthansa and TUI Travel v CAA, judgment of 23 October 2012 (Grand Chamber, ECLI:EU:C:2012:657)

SEE ALSO Nelson, C-581/10 and C-629/10 · Does the price I paid affect the compensation?

Montreal Convention

UK 261 AND EC 261

The 1999 treaty governing airline liability for death, injury, baggage and damage caused by delay. Nelson holds that the fixed compensation for lost time sits outside it, and Cuadrench Moré holds that its two year limit does not cap a Regulation 261/2004 claim.

Joined Cases C-581/10 and C-629/10 Nelson v Deutsche Lufthansa and TUI Travel v CAA, judgment of 23 October 2012 (Grand Chamber, ECLI:EU:C:2012:657) · Case C-139/11 Cuadrench Moré v KLM, judgment of 22 November 2012 (ECLI:EU:C:2012:741)

SEE ALSO Nelson, C-581/10 and C-629/10 · Cuadrench Moré, C-139/11

National enforcement body

UK 261 AND EC 261

The regulator each Member State must designate under Art. 16 for flights from airports on its territory and for flights into them from third countries. It is one of the routes open after an airline rejects a claim.

Regulation (EC) No 261/2004, Art. 16

SEE ALSO The airline rejected my claim. What routes exist?

Non-waiver rule

UK 261 AND EC 261

Art. 15 provides that obligations under the regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage. A fare rule excluding compensation therefore has no effect on the Art. 7 right.

Regulation (EC) No 261/2004, Art. 15

SEE ALSO I already accepted an offer from the airline. What now? · Which flights does EC 261 cover?

Notice window

UK 261 AND EC 261

The Art. 5(1)(c) rules that remove compensation for a cancellation: 14 days or more notice unconditionally, and shorter notice only where the re-routing offered departs and arrives inside the stated windows. The airline bears the burden of proving what notice was given.

Regulation (EC) No 261/2004, Art. 5(1)(c) · Regulation (EC) No 261/2004, Art. 5(4)

SEE ALSO Is compensation due if the airline cancelled more than 14 days ahead? · My flight was cancelled and I was rebooked for the next day. What are the rules?

Operating air carrier

UK 261 AND EC 261

The airline that performs or intends to perform a flight under a contract with a passenger, or on behalf of another person holding that contract (Art. 2(b)). Compensation obligations attach to this carrier, so on a codeshare the claim lies against the airline that flew the aircraft rather than the one whose code is on the ticket.

Regulation (EC) No 261/2004, Art. 2(b)

SEE ALSO The two legs were with different airlines. Does that change the claim? · Can I claim if my flight was part of a package holiday?

Package travel

UK 261 AND EC 261

A holiday combining flights with other travel services. Art. 3(6) provides that the regulation does not affect passengers' rights under the package travel rules, so a compensation claim against the airline runs alongside any remedy against the operator.

Regulation (EC) No 261/2004, Art. 3(6)

SEE ALSO Can I claim if my flight was part of a package holiday?

Reduced fare exclusion

UK 261 AND EC 261

Art. 3(3) takes passengers travelling free of charge, or at a reduced fare not available directly or indirectly to the public, outside the regulation. Staff standby tickets sit inside the exclusion; publicly sold discount fares do not.

Regulation (EC) No 261/2004, Art. 3(3)

SEE ALSO Can I claim compensation for my children? · Which flights does EC 261 cover?

Retained EU law

UK 261

The body of EU law carried into UK domestic law by the European Union (Withdrawal) Act 2018. Lipton held that causes of action under Regulation 261/2004 which accrued before the end of transition survive on that basis, together with the CJEU case law interpreting them.

Lipton and another v BA Cityflyer Ltd [2024] UKSC 24, judgment of 10 July 2024 · The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019/278), reg. 8

SEE ALSO Lipton, [2024] UKSC 24 · Which flights does UK 261 cover?

Right to care

UK 261 AND EC 261

The Art. 9 duty to provide meals and refreshments in reasonable relation to the wait, two free communications, and accommodation with transfers where an overnight stay becomes necessary. McDonagh confirms it has no temporal or monetary limit and survives an extraordinary circumstance.

Regulation (EC) No 261/2004, Art. 9 · Case C-12/11 McDonagh v Ryanair, judgment of 31 January 2013 (ECLI:EU:C:2013:43)

SEE ALSO Does the airline have to pay for a hotel if my flight is delayed overnight? · McDonagh, C-12/11

Right to reimbursement or re-routing

UK 261 AND EC 261

The Art. 8 choice, exercised by the passenger: a refund of the unused ticket paid within seven days, re-routing to the final destination at the earliest opportunity, or re-routing at a later date of the passenger's convenience. Taking one option does not settle a compensation claim.

Regulation (EC) No 261/2004, Art. 8

SEE ALSO What is the difference between the refund and the re-routing after a cancellation? · Can I get a refund and compensation for the same cancelled flight?

Rotational delay

UK 261 AND EC 261

A delay caused by the aircraft arriving late from an earlier sector. It is not a defence in itself: what matters is the original cause and whether the carrier took all reasonable measures to stop it reaching the later flight, which is the analysis TAP applied.

Case C-74/19 LE v Transportes Aéreos Portugueses, judgment of 11 June 2020 (ECLI:EU:C:2020:437) · Case C-549/07 Wallentin-Hermann v Alitalia, judgment of 22 December 2008 (ECLI:EU:C:2008:811)

SEE ALSO My flight was late because the inbound aircraft was late. Can I claim? · TAP, C-74/19

Technical fault

UK 261 AND EC 261

A defect in the aircraft. Wallentin-Hermann and van der Lans place technical faults inside the airline's ordinary activity, including a component that fails prematurely and passed routine maintenance, so they are generally not extraordinary circumstances.

Case C-549/07 Wallentin-Hermann v Alitalia, judgment of 22 December 2008 (ECLI:EU:C:2008:811) · Case C-257/14 van der Lans v KLM, judgment of 17 September 2015 (ECLI:EU:C:2015:643)

SEE ALSO van der Lans, C-257/14 · Can I claim if a technical fault delayed my flight?

Three hour rule

UK 261 AND EC 261

The judicial rule that passengers who reach the final destination 3 hours or more after the scheduled arrival may claim the Art. 7 sums, created by Sturgeon in 2009 and confirmed by the Grand Chamber in Nelson in 2012. The regulation's own text gives compensation for cancellation, not for delay.

Joined Cases C-402/07 and C-432/07 Sturgeon v Condor, judgment of 19 November 2009 (ECLI:EU:C:2009:716) · Joined Cases C-581/10 and C-629/10 Nelson v Deutsche Lufthansa and TUI Travel v CAA, judgment of 23 October 2012 (Grand Chamber, ECLI:EU:C:2012:657)

SEE ALSO Sturgeon, C-402/07 and C-432/07 · What am I owed if my flight is delayed 3 hours?

Travel voucher

UK 261 AND EC 261

Art. 7(3) allows compensation to be paid in travel vouchers only with the signed agreement of the passenger. Without that signature the default applies: cash, electronic bank transfer, bank order or cheque.

Regulation (EC) No 261/2004, Art. 7(3)

SEE ALSO The airline offered a voucher instead of cash. What do the rules say? · I already accepted an offer from the airline. What now?

Turnback

UK 261 AND EC 261

A flight that departs and returns to the airport it left. Sousa Rodríguez held that where passengers are then transferred to other flights the event is a cancellation under Art. 2(l), not a delay.

Case C-83/10 Sousa Rodríguez v Air France, judgment of 13 October 2011 (ECLI:EU:C:2011:664) · Regulation (EC) No 261/2004, Art. 2(l)

SEE ALSO The plane took off and came back. Is that a cancellation? · Sousa Rodríguez, C-83/10

UK 261

UK 261

The retained version of Regulation 261/2004 as it applies in the United Kingdom. SI 2019/278 substituted sterling amounts of £220, £350 and £520 for the euro figures. The thresholds, defences and rights are otherwise the same as the EU original.

The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019/278), reg. 8

SEE ALSO Which flights does UK 261 cover? · UK 261 or EC 261: which one covers my flight?

Upgrading

UK 261 AND EC 261

Being placed in a higher class than the one booked. Art. 10(1) prevents the carrier from requesting any supplementary payment for it, which makes an involuntary upgrade cost free to the passenger.

Regulation (EC) No 261/2004, Art. 10(1)

SEE ALSO What am I entitled to if the airline downgrades me?

Volunteer

UK 261 AND EC 261

A passenger who surrenders a reservation in exchange for benefits after the carrier calls for volunteers under Art. 4(1). Volunteers negotiate their own benefits and keep the Art. 8 choice, but the fixed compensation attaches to denial against the passenger's will.

Regulation (EC) No 261/2004, Art. 4(1) · Regulation (EC) No 261/2004, Art. 8

SEE ALSO I volunteered to give up my seat. Can I still claim compensation? · What counts as involuntary denied boarding?

Wildcat strike

UK 261 AND EC 261

An unofficial work stoppage without union authorisation. Krüsemann held that a wave of staff sickness following a surprise restructuring announcement is not an extraordinary circumstance, because the stoppage was triggered by the carrier's own management decision.

Joined Cases C-195/17 and others, Krüsemann v TUIfly, judgment of 17 April 2018 (ECLI:EU:C:2018:258)

SEE ALSO Krüsemann, C-195/17 and joined cases · Can I claim when the airline's own staff go on strike?

UNDERLYING INSTRUMENTS

  1. Regulation (EC) No 261/2004 · EUR-Lex · checked 7 August 2026
  2. The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019/278), reg. 8 · legislation.gov.uk · checked 7 August 2026

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