FIVE-HOUR RULE
Handy Guide
THE FIVE-HOUR DELAY RULE
What happens if your flight is delayed by five hours or more?
Under UK261, if your flight is delayed by at least five hours and the regulation applies to your journey, you can choose not to travel and request a refund for the flights you have not yet taken.
This is an important passenger right — but it is often confused with flight-delay compensation.
FIVE HOURS DOES NOT AUTOMATICALLY MEAN COMPENSATION
There are different passenger rights that can apply during a flight delay.
A five-hour delay can give you the option to abandon your journey and receive a refund.
Separately, you may potentially be entitled to fixed-sum compensation if you arrive at your destination more than three hours late and the relevant conditions are satisfied.
The reason for the disruption can affect whether compensation is payable.
Therefore:
Five-hour delay = potential right to choose a refund and not travel.
More than three hours late at your destination = potential compensation, subject to the applicable conditions.
These are two different provisions.
WHAT IF I STILL WANT TO TRAVEL?
If you still want to complete your journey, you do not have to choose the five-hour refund simply because the delay has reached five hours.
If you continue with your journey, the airline's obligations concerning your delayed flight continue to be relevant.
Your entitlement to care can arise earlier than five hours.
Depending on the distance of the flight, UK261 can require the airline to provide care after a qualifying period of delay. This can include food and refreshments, communication and, where an overnight stay becomes necessary, accommodation and transport between the airport and accommodation.
WHAT DOES “REFUND” MEAN?
If you decide that you no longer want to travel because of the delay, UK261 provides for reimbursement of the flights you have not yet taken.
If your booking contains connecting flights, different considerations can apply depending on how the flights were booked and whether they form part of the same booking.
For example, where connecting flights form part of the same booking, choosing a refund and abandoning the journey can have consequences for the remaining parts of the itinerary.
Passengers should therefore consider their options carefully before accepting a refund.
IMPORTANT: DON'T CHOOSE A REFUND IF YOU STILL WANT TO TRAVEL
This is one of the most important points to understand.
If you choose a refund because the delay has exceeded five hours, you are choosing not to continue with the journey.
The CAA advises that passengers should not choose the refund option if they still wish to travel.
Once you choose to abandon the journey and receive a refund, you should not assume that the airline will subsequently be responsible for getting you to your destination.
WHAT ABOUT FOOD, DRINK AND ACCOMMODATION?
The five-hour threshold is not the point at which the airline's duty of care begins.
Depending on the flight distance, the right to care can arise after:
• Two hours for flights under 1,500km
• Three hours for flights between 1,500km and 3,500km
• Four hours for flights over 3,500km
Where the relevant conditions are met, care can include food and refreshments, communication and accommodation where an overnight stay becomes necessary.
The airline's duty to provide care can apply regardless of the reason for the delay.
WHAT IF THE AIRLINE DOESN'T PROVIDE CARE?
If the airline does not provide the required care, passengers may in appropriate circumstances make their own reasonable arrangements and subsequently seek reimbursement.
If you have to purchase food, refreshments, accommodation or transport because the airline has failed to provide the appropriate assistance, keep your receipts.
The CAA advises passengers to retain itemised receipts and avoid excessive expenditure.
A luxury hotel, expensive meal or alcoholic drinks may not be regarded as reasonable expenses.
DOES A FIVE-HOUR DELAY MEAN I GET COMPENSATION?
Not automatically.
This is one of the most common misconceptions about UK261.
The five-hour rule concerns your option to stop travelling and seek a refund.
Fixed-sum compensation is a separate issue.
For a delayed flight, compensation may be available where you arrive at your destination more than three hours late and the relevant requirements are met.
Extraordinary circumstances can affect entitlement to compensation.
WHAT SHOULD YOU DO IF YOUR FLIGHT REACHES FIVE HOURS DELAY?
Keep a record of:
• Your original departure time
• Updated departure times
• Your actual departure time
• Your expected arrival time
• Your actual arrival time
• Airline announcements and notifications
• Emails and text messages
• Boarding passes
• Booking confirmation
• Receipts for relevant expenses
• Any alternative arrangements offered
If you decide to abandon the journey and request a refund, make sure you understand the consequences before confirming your choice.
EXAMPLE
Your flight is scheduled to depart at 10:00.
At 15:00, the flight has still not departed.
You have now reached five hours of delay.
At this point, assuming UK261 applies, you may choose not to travel and request a refund for the unused flights.
Alternatively, if you still want to reach your destination, you can continue with the journey.
If you eventually arrive at your destination more than three hours late, you may separately need to consider whether you qualify for compensation.
The answer will depend on the circumstances of the disruption.
FIVE-HOUR RULE:
THE SIMPLE VERSION
Your flight is delayed for five hours or more.
↓
You may choose not to travel.
↓
You can request a refund for the unused flights.
OR
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You can continue your journey if you still want to travel.
Remember:
Five hours is not an automatic compensation threshold.
It is primarily the point at which UK261 gives an eligible passenger the option to abandon the journey and obtain a refund.
FLIGHT RIGHTS
Travel disruption can be confusing, particularly when several different passenger rights can apply at the same time.
Flight Rights provides professional passenger correspondence and travel-support services for passengers dealing with flight delays, cancellations, denied boarding, baggage problems, refunds, expenses and other travel complaints.
We can help you present your circumstances clearly and professionally using the information and documentation you provide.
Flight Rights does not guarantee compensation or a particular outcome.
For specialist legal advice or representation, passengers should consider obtaining advice from a suitably qualified legal professional.
FLIGHT RIGHTS
Know your rights. Know your options.