Brexit and EU261: What Has Changed for UK Passengers?

Brexit has brought significant changes across various sectors, and air passenger rights are no exception. Before Brexit, the EU261 regulation protected air travelers, ensuring compensation for delays, cancellations, and denied boarding across the European Union. However, many UK passengers wonder how their rights have changed with the UK’s departure from the EU. This article will discuss what Brexit means for UK passengers regarding EU261, focusing on what has changed and remained the same.

Understanding EU261 Before Brexit

EU261 is a regulation that has long been a safety net for air passengers, ensuring compensation of up to €600 for disrupted flights that were delayed, canceled, or overbooked. Before Brexit, UK passengers benefited from these protections as the UK was part of the EU. The regulation applied to all flights departing from an EU country or arriving in an EU country on an EU-based airline, which included the UK.

Post-Brexit Changes: The Introduction of UK261

When the UK officially left the EU, it entered a transition period where EU laws, including EU261, continued to apply—this transition period ended on December 31, 2020. From January 1, 2021, the UK no longer fell under EU jurisdiction for these regulations. However, recognizing the importance of these protections, the UK government adopted EU261 into domestic law, creating what is now known as the UK261 Regulation.

UK261: The UK’s New Compensation Regime

UK261 is essentially a copy of EU261 but applied within the UK’s jurisdiction. This means that UK passengers still have the right to compensation if their flight is delayed, canceled, or overbooked, but there are some key distinctions in how these rights are applied post-Brexit.

Under UK261, passengers are entitled to compensation for:

• Flights departing from the UK, regardless of the airline.
• Flights arriving in the UK on UK-based airlines.
  

The compensation amounts, eligibility criteria, and conditions largely mirror the original EU261 regulation. For example, passengers can claim up to £520 (rough equivalent of €600) depending on the flight’s distance.

Key Differences Between EU261 and UK261

While UK261 closely follows EU261, Brexit has introduced some important differences:

• Jurisdiction: UK261 applies to flights departing from the UK or arriving in the UK on a UK-based airline. On the other hand, EU261 continues to apply to flights departing from the EU or arriving in the EU on EU-based airlines. For example, if you fly from London to Paris on a UK airline, UK261 applies. However, if you fly from Paris to London on a French airline, EU261 applies.
• Enforcement: The UK Civil Aviation Authority (CAA) now handles the enforcement of UK261, whereas the respective National Enforcement Bodies (NEBs) in EU countries enforce EU261. This change could complicate matters for UK passengers dealing with disputes for flights that fall under EU jurisdiction, as they may need to liaise with EU authorities rather than the CAA.
  

Practical Tips for UK Passengers

Navigating the post-Brexit landscape can be tricky, but understanding your rights can help. Here are some practical tips:

• Know Which Regulation Applies: Based on your departure and destination points, check whether your flight falls under UK261 or EU261. This is crucial for determining where and how to file a compensation claim.
• File Your Claim Correctly: Whether under UK261 or EU261, following the correct process for filing a claim is essential. Ensure you have all necessary documentation, such as your boarding pass and booking confirmation, and submit your claim promptly. To ensure you are doing everything right, check our guide to compensation and how to avoid mistakes when filing your claim.
• Stay Informed: Regulations may continue to evolve. Stay updated on any changes to ensure you’re fully aware of your rights as a passenger.
  

Conclusion

Brexit has undoubtedly introduced changes to how air passenger rights are managed for UK travelers, but the protections offered by EU261 have remained. Instead, they have been preserved under UK261, ensuring that passengers continue to have recourse in cases of flight disruptions. Understanding the differences between EU261 and UK261 is crucial for ensuring you’re covered regardless of your journey. If you’re ever in doubt, don’t hesitate to seek assistance—knowing your rights is the first step in ensuring they are upheld.