The period of delay is being extended, meaning fewer passengers will be able to claim for compensation

Passengers wait for a flight departing Budapest airport
The EU is set to make changes to flight delay compensation rules (Image: Getty Images)

British holidaymakers have been warned of travel confusion as the EU is set to make a major change to flight compensation rules. Under the current guidelines travellers have the right to claim compensation on most short-haul routes after a three-hour delay.

But the EU plans to increase this delay to four hours, meaning fewer passengers will be able to claim compensation.

The European Consumer Organisation, BEUC, has highlighted that this change would deprive the “majority of passengers from their compensation rights” as most flights are delayed for periods under four hours.

However, compensation amounts will increase from €250 to €300. The delay time for long-haul flights have also been extended, from four hours to six.

According to consumer group Which? compensation for long haul delays will be slashed from €600 to €500.

The EC261 rule was introduced by the European Union, including the UK at the time, to improve punctuality, and act as a deterrent for continually running late services or cancelling large numbers of flights.

Airlines only have to pay compensation to passengers for delays they are responsible for. It was also to ensure that passengers were not left out of pocket due to airline delays and cancellations.

But now EU transport ministers have agreed to a proposal to change the rules. They will need to be approved by the EU Parliament within four months.

EU transport ministers are proposing to extend the delay period for flight compensation
EU transport ministers are proposing to extend the delay period for flight compensation (Image: PA)

The move has been criticised by consumer rights’ group Which?. Rory Boland, Which? Travel Editor, said: “Given passengers flying in Europe so regularly suffer significant delays, it is really disappointing to see the EU planning to reduce penalties on airlines that fail to run an on time service.

“Under UK regulations, those flying with a UK airline will continue to be able to claim for delays of more than three hours.

“This could create confusion for travellers who face flight delays when holidaying in Europe as they will have to contend with two different sets of rules depending on whether they are flying with a UK or EU-based airline.”

The change will affect UK passengers flying with an EU airline, or from an EU airport. However, the UK version of the law covers passengers flying with any airline (including an EU one) from a UK airport, or with a UK carrier from any airport.

This law won’t automatically change alongside the EU version, so those flying from the UK or with a UK airline will benefit from more generous compensation rules.

EU ministers have agreed to improve the rerouting system for passengers. Under the current rules airlines are required to reroute delayed passengers to their destination at the earliest opportunity, including on other airlines where necessary, the rule is regularly ignored.

Instead, many airlines tell passengers they must wait until a seat is free on their own flights, which may be several hours or days later.

Now, passengers will be able to buy a new ticket to their destination with another airline, and claim up to 400per cent of the cost of their original ticket, if their original airline doesn’t rebook them.

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