Flight delays can leave anyone feeling stressed and unsure about their rights, especially when the delay happens at the end of a holiday and you simply want to get home. A delay of more than five hours often leads to questions about compensation, reimbursement and what the airline is required to provide. Understanding the framework clearly can help you move from uncertainty to a clearer sense of your position.
Understanding the issue or context
When a return flight on a package holiday is delayed by several hours, passengers often do not know what they can claim for. Many assume they are only entitled to a small gesture of goodwill, when in fact UK and EU law provide a structured set of rights covering:
- compensation
- care and assistance
- reimbursement for reasonable expenses
This applies whether the holiday was booked directly with an airline or as part of a package. Knowing these rules in plain English gives you clarity and helps you decide your next steps.
The legal rules or framework
Consumer protection for air passengers
A delay of more than five hours triggers specific rights under UK law (retained from EU Regulation 261/2004). These rights apply to flights departing from a UK or EU airport, and also apply where the airline is a UK carrier, such as easyJet.
Package holiday protections
Because the trip was a package holiday, you may also have additional rights under the Package Travel and Linked Travel Arrangements Regulations 2018. These regulations place responsibilities on the package organiser to ensure the traveller is properly looked after when things go wrong.
Compensation
You may be entitled to fixed compensation if:
- the delay was more than three hours, and
- the delay was not caused by “extraordinary circumstances” beyond the airline’s control
Where the delay is over five hours, compensation may still apply unless the airline can show that the cause was something they could not reasonably avoid.
Care and assistance
Airlines must provide appropriate care during long delays, which can include:
- refreshments
- meals
- accommodation (if required)
- transport between the airport and accommodation
If the airline did not provide this, you may recover reasonable expenses you paid yourself, provided you have evidence.
Practical steps to take
1. Gather all documents
Collect:
- your booking confirmation
- boarding passes
- delay notifications
- receipts for food, drink, travel or other expenses
- any communication from easyJet or the package holiday provider
These documents help establish the timeline and support any claim.
2. Submit a compensation request
easyJet provides an online form for delay compensation claims. You will need to confirm the length of the delay, your flight number and your booking details.
3. Claim reasonable expenses
If the airline did not provide meals or assistance, you may claim back what you reasonably spent. Keep receipts. Claims without receipts are often refused.
4. Contact the package holiday provider
Because your holiday was a package, the organiser also has duties to ensure you received appropriate care. They may help you coordinate your claim or provide additional support.
5. Escalate if needed
If your claim is refused or delayed, you may escalate the matter to:
- an Alternative Dispute Resolution (ADR) body, if available
- the Civil Aviation Authority’s Passenger Advice and Complaints Team
- a solicitor for a fixed-fee review if the issue becomes complex
A professional review can help ensure you understand where you stand and whether the refusal was justified.
Common pitfalls to avoid
- Assuming delays over five hours always guarantee compensation
Compensation depends on the cause of the delay and whether it was within the airline’s control. - Not keeping receipts
Without receipts, reimbursement for meals or transport is difficult. - Claiming for non-reasonable expenses
Claims must relate to essential care (e.g., meals), not general holiday spending. - Missing deadlines for claims
Airlines have defined timescales for assessing claims, so submitting promptly is recommended. - Relying solely on the package provider
While they may assist, compensation claims usually go through the airline.
Frequently Asked Questions
1. Am I entitled to compensation for a delay of over five hours?
You may be, depending on the cause of the delay. If it was within the airline’s control, compensation normally applies.
2. Can I claim reimbursement for food and drink?
Yes, if the airline failed to provide appropriate care during the delay and the expenses were reasonable.
3. Does being on a package holiday change my rights?
It adds extra protections. The organiser must ensure proper support, but the airline still handles flight compensation.
4. Do I need legal representation to make a claim?
Not necessarily. A solicitor can help if the claim becomes disputed or if the airline argues the delay was due to extraordinary circumstances.
5. What evidence do I need?
Receipts, flight details, proof of the delay and any communication from the airline or package provider.
6. Can I claim for distress or inconvenience?
There is no standalone claim for distress, but inadequate care can be part of your reimbursement if you incurred costs as a result.
7. How long do claims take?
Airlines typically respond within a few weeks, although complex cases may take longer.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.