British Airways: delayed, cancelled or overbooked flight — your rights

British Airways flight delayed, cancelled, overbooked or disrupted by a strike? Since Brexit, two distinct regimes may apply depending on the exact departure point of your flight: UK261 (amounts in pounds sterling) or EU Regulation 261/2004 (amounts in euros). Free eligibility check by Robin des Airs, no upfront fee.

British Airways is a UK carrier, and therefore non-European since Brexit. Two regimes coexist: UK261 (UK law, a near-identical copy of EU261/2004) applies to flights departing the United Kingdom, in pounds sterling (£220, £350 or £520 depending on distance). EU Regulation 261/2004, in euros (€250, €400 or €600), applies separately where the flight physically departs an EU airport, for instance Paris CDG or Nice, where British Airways also operates.

British Airways in brief

• Country of registration: United Kingdom
• Main hub: London Heathrow (LHR)
• Status: non-European carrier since Brexit; UK261 for departures from the UK (pounds), EU261 for departures from the EU (euros)

UK261 vs EU261: never confuse the two

The British UK261 regulation is a near-identical transposition of the European regulation into UK law, but the two texts have been independent since Brexit. UK261 amounts are set in pounds sterling: £220 up to 1,500 km, £350 between 1,500 and 3,500 km, £520 beyond. EU261 remains in euros: €250, €400 or €600. The applicable regime depends solely on the physical departure point of the flight: a flight departing the UK falls under UK261, a flight departing an EU airport falls under EU261. Never mix the two sets of amounts or the two currencies in a single calculation.

British Airways refunds: ticket price vs compensation

Two different things are often confused. A ticket refund, with the option of re-routing, is owed by British Airways as soon as it cancels a flight, whichever regime applies. Where there is simply a delay of 5 hours or more, only the refund is available, and only if you give up the journey (art. 6(1)(iii) and art. 8(1)(a) of the regulation): what comes back is the price you paid. The fixed compensation (UK261 or EU261 depending on the departure point) is a separate right, which is added to the refund and does not depend on the ticket price, only on the distance and the departure point of the flight.

British Airways delayed flight

Yes, you may be entitled to compensation if your British Airways flight arrives at least 3 hours late, under the regime applicable at the departure point and subject to the other conditions. The delay is measured on arrival (when the doors open), not at departure, whichever regime applies. In principle a delay of at least 3 hours can trigger the fixed amount, unless the airline demonstrates extraordinary circumstances. Departing the UK: £220, £350 or £520 by distance (UK261). Departing an EU airport: €250, €400 or €600 (EU261).

British Airways' excuses: valid or not

Valid excuses: extreme weather, airspace closure, air traffic control strikes, bird strike or debris on the runway. Even then, the airline must prove it took all reasonable measures to limit the delay.

Invalid excuses (compensation remains due): a technical fault on the aircraft, even an unforeseen one (Wallentin-Hermann and van der Lans, CJEU, principles carried over into UK law), the aircraft running late on its previous rotation, understaffing or internal organisational problems.

British Airways cancelled flight

Yes, in principle, if British Airways cancels your flight and informs you less than 14 days before departure, you are entitled to the compensation per passenger (under the regime applicable at the departure point), plus either a ticket refund OR re-routing, at your choice. These two rights are cumulative. A travel voucher only replaces a cash refund if you accept it: you can refuse it and insist on a bank transfer.

Note: being told less than 14 days in advance does not always trigger compensation on its own. If British Airways also offers re-routing at times very close to the original flight, it may escape payment in certain specific cases.

Missed connection with British Airways

Did British Airways cause you to miss your connection at London Heathrow? If your ticket is a single booking covering the whole journey, the delay is measured at your final destination, whichever leg caused it (Folkerts, CJEU, a principle carried over into UK law).

The applicable regime (UK261 or EU261) depends on the initial departure point of your single booking, not on the connecting point. An Africa-UK or Africa-EU journey via London needs to be analysed precisely: check whether the first flight on your ticket departs the UK, an EU airport, or somewhere else.

Be careful: if you bought two separate tickets rather than a single booking, the protection is far weaker, as each flight is assessed independently.

British Airways overbooking / denied boarding

Involuntary denied boarding (overbooking) opens the same rights as a cancellation, under the regime applicable at the flight's departure point. The airline must first call for volunteers before denying boarding to anyone. If you are denied boarding against your will, you are entitled to the fixed compensation (up to £520 departing the UK, or up to €600 departing the EU), plus care and assistance (meals, accommodation where necessary) and a refund or re-routing at your choice.

Unlike a cancellation, overbooking admits almost no excuse: it is a commercial decision by the airline, never an extraordinary circumstance.

Strikes and British Airways flights

It depends precisely on who is striking and on the circumstances — there is no universal rule. A strike by British Airways' own staff (pilots, cabin crew, ground staff employed by the airline) is generally not accepted as an extraordinary circumstance: the CJEU so held in Krüsemann, a principle carried over into the UK regime. But the exact characterisation depends on the specific type of industrial action and on the facts of the case; compensation remains due if the airline cannot demonstrate an extraordinary circumstance specific to that case.

A strike by third parties outside British Airways (air traffic controllers, airport staff not employed by the airline, a national general strike) may, depending on the case, be recognised as an extraordinary circumstance, provided the airline proves it took all reasonable measures to limit the impact.

How to contact British Airways about a claim

British Airways handles direct claims slowly, often without a reply for several months. Before writing yourself, keep your boarding pass, your e-ticket and any delay or cancellation notification: these are the documents that make the difference if the airline refuses or stays silent.

How long do you have to claim?

5 years before the French courts (art. 2224 of the French Civil Code) for a claim based on EU261, whichever of the situations above applies. A British Airways flight disrupted two or three years ago can still be claimed today. Limitation periods in the United Kingdom for UK261 are separate and governed by English law.

Sources and references

• Regulation (EC) No 261/2004 — article 7 (compensation), article 8 (refund/re-routing), article 9 (right to care)
• CJEU, Krüsemann (C-195/17) — internal strikes, characterisation depending on the precise facts

How to claim with Robin des Airs

A specialist in the Africa-Europe corridors, Robin des Airs checks whether your British Airways flight qualifies (exact departure point, applicable regime, distance, cause of the delay), builds the file, sends the claim and challenges refusals. Nothing to pay if nothing is recovered. You receive 75% of the sums recovered at the amicable stage, and 60% if the airline forces us to go to court.

→ File my British Airways claim in 2 min