Law guide: Complaints and disputes

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Overview of EU and UK rules

Overview of EU and UK rules

While the UK was a member of the EU, if your flight was cancelled, delayed or overbooked, most of your rights were under the European Community Regulation EC 261/2004 (EU rules).

On 31 December 2020 when the Brexit Transition Period came to an end, the EC Reg became incorporated directly into UK law, but with amendments made by the Air Passenger Rights and Air Travel Organisers' Licencing (Amendment) (EU Exit) Regulations 2019 (UK rules).

Basically, you have the same rights as before. If your flight is covered by both regulations, you need to choose one as you can't claim twice for the same flight. Note that if you're forced to take further action (e.g. a court claim), you can only do so under the EU rules in the EU and under the UK rules in the UK. Therefore, if you are resident in the UK, you would always choose the UK rules.

The EU rules will be applicable to your flight if you:

  • depart from the EU (on any airline); or,
  • arrive in the EU with an EU airline.

The UK rules will apply to your flight if you:

  • depart from the UK (on any airline);
  • arrive in the UK with either an EU or UK airline; or
  • arrive in the EU with a UK airline.

Note that airports located in Iceland, Liechtenstein, Norway and Switzerland are regarded as EU airports for these purposes. To check if an airport is an EU airport, see the list.

The table below gives you a more detailed picture:

DepartureArrivalUK airlineEU airlineOther airline

UK

UK

UK rules

N/A

N/A

UK

EU

UK rules

UK & EU rules

UK rules

UK

Other

UK rules

UK rules

UK rules

EU

EU

N/A

EU rules

EU rules

EU

UK

UK & EU rules

UK & EU rules

EU rules

EU

Other

UK & EU rules

EU rules

EU rules

Other

Other

N/A

N/A

None

Other

UK

UK rules

UK rules

None

Other

EU

UK rules

EU rules

None

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