
How to Claim Compensation from British Airways Under UK 261
September 15, 2026Updated 5 November 2026 by Nino Katamadze
Table of contents
The Short Answer
TUI flight delay compensation is £220 to £520 per passenger under UK261, or €250 to €600 under EU261, when you arrive 3 hours or more late for a reason within TUI’s control. TUI Airways must pay this for each passenger on the booking, including children, unless an extraordinary circumstance caused the delay.
- Law: UK261 covers TUI Airways flights from the UK, and EU261 covers flights that depart from an EU airport.
- Amounts: £220, £350 or £520 under UK261, or €250, €400 or €600 under EU261, set by flight distance.
- Threshold: compensation starts when you reach your final destination 3 hours or more late (Sturgeon ruling).
- Time limit: you have 6 years to claim in England and Wales and 5 years in Scotland.
- Where to claim: TUI Airways has its own delayed flight form for flight numbers that start with TOM, BY or OR, and it replies within 56 days.
Check your flight in 2 minutes: Check How Much You’re Owed. No win, no fee.
When TUI Must Pay Compensation
TUI must pay compensation when your flight arrives 3 hours or more late, or is cancelled at short notice, and the cause was within TUI’s control. The 3 hour rule comes from the Sturgeon ruling of the Court of Justice of the EU, and UK261 kept it after Brexit.
Delay is measured at arrival, not departure. The clock stops when the aircraft door opens at your destination and you can leave the plane (Germanwings v Henning ruling). A flight that leaves 3 hours and 20 minutes late but arrives (when the aircraft door opens) 2 hours and 50 minutes late does not qualify.
Technical faults, crew shortages, late aircraft from an earlier TUI flight and airline staff strikes count as within TUI’s control. The Wallentin-Hermann ruling says routine technical problems are part of running an airline, so TUI cannot use them to refuse a claim.
Cancellations follow EU261 Article 5 and the same article in UK261. TUI must pay unless it told you about the cancellation 14 days or more before departure, or offered a new flight within the time windows set out in Article 5. If you choose a refund instead, TUI must pay it within 7 days (Article 8).
How Much TUI Pays
TUI pays a fixed amount of £220, £350 or £520 under UK261, or €250, €400 or €600 under EU261, depending on the flight distance. The amount does not depend on the ticket price, so a cheap seat on a package holiday flight earns the same as a full-price fare.
| Flight distance (km) | Delay at arrival (hours) | UK261 (£) | EU261 (€) |
| Up to 1,500 km | 3 hours or more | £220 | €250 |
| 1,500 to 3,500 km | 3 hours or more | £350 | €400 |
| Over 3,500 km | 3 hours or more | £520 | €600 |
Long-haul TUI flights over 3,500 km have one exception. If you arrive between 3 and 4 hours late, TUI can cut the payment by 50% under Article 7(2), so £520 becomes £260 and €600 becomes €300.
Distance is measured as a straight line between the departure and arrival airports. A TUI flight from Manchester to Tenerife is about 2,900 km, so a qualifying delay is worth £350 per passenger. A family of four on that flight could claim £1,400 in total.
A long-haul TUI flight from Gatwick to Cancún is well over 3,500 km. If it lands 5 hours late because of a technical fault, each passenger can claim £520. If it lands 3 hours and 30 minutes late, TUI can reduce that to £260 per passenger under Article 7(2).
To work out your amount for a specific route, use the flight delay compensation calculator. You can also read how flight delay compensation works across all UK and EU airlines.
TUI must also look after you while you wait, whatever caused the delay. Under Article 9 you are owed meals and refreshments from 2 hours (up to 1,500 km), 3 hours (1,500 to 3,500 km) or 4 hours (over 3,500 km), plus a hotel and transfers if you need to stay overnight. Keep every receipt if TUI does not provide this.
TUI Flights Covered by UK261 and EU261
TUI Airways flights are covered by UK261 when they depart from a UK airport, and when they fly into the UK from outside the UK, because TUI Airways is a UK airline. A TUI Airways return flight from Antalya or Sharm El Sheikh to Gatwick is therefore covered by UK261.
TUI flights that depart from an EU airport are covered by EU261. A TUI Airways return flight from Palma to Birmingham falls under EU261, so you would claim in euros. You can claim under one law per flight, not both.
The rules depend on who operates the flight, not on who sold the holiday. TUI Airways flight numbers start with TOM, BY or OR. If your TUI holiday used another airline, such as Jet2 or easyJet, you must claim from that airline under the same law.
Other TUI airlines, such as TUI fly Belgium, TUI fly Netherlands and TUI fly Deutschland, are EU airlines. Their flights are covered by EU261 when they depart from the EU, or when they fly into the EU from outside it.
When TUI Does Not Have to Pay
TUI does not have to pay compensation when an extraordinary circumstance caused the delay and TUI took all reasonable measures to avoid it. EU261 Article 5(3) sets this rule, and UK261 uses the same wording.
Extraordinary circumstances include bad weather that makes flying unsafe, air traffic control restrictions, airport staff strikes, bird strikes, security alerts and medical emergencies on board. Strikes by TUI’s own pilots or cabin crew do not count, because TUI controls its own staff.
TUI also does not have to pay if your delay at arrival was under 3 hours, or if it told you about a cancellation 14 days or more before departure. If TUI refuses your claim, ask for the exact cause in writing, because airlines sometimes name weather when the real cause was a late aircraft.
TUI has to prove the extraordinary circumstance, not you. If TUI names a cause, you can ask for evidence such as weather reports or air traffic control records, and AviationADR can review whether the reason holds up.
A delayed earlier flight is not automatically an excuse. If TUI’s aircraft was late from its previous trip because of a technical fault, your delay is still within TUI’s control and you can claim.
How to Claim from TUI
You can claim from TUI Airways in 4 steps, and TUI says it will send a final response within 56 days. TUI does not send updates in between, so keep your reference number.
- Collect your booking reference, flight number, the names of every passenger and the scheduled and actual arrival times.
- Fill in TUI’s delayed flight form on tui.co.uk. It is only for flights operated by TUI Airways, with flight numbers starting TOM, BY or OR.
- Wait for TUI’s final response. It will state whether the claim succeeded and the total payment.
- If TUI refuses or does not reply within 8 weeks, escalate the complaint free of charge to AviationADR, the dispute scheme TUI uses for flight complaints.
Claim for every passenger on the same form where TUI allows it, and keep copies of boarding passes, booking confirmations and any messages from TUI about the delay. Screenshots of the departures board can help if TUI disputes the arrival time.
A decision from AviationADR is binding on TUI if you accept it. If you still disagree, you can take the claim to the small claims court within the time limit of 6 years in England and Wales or 5 years in Scotland.
If you prefer not to deal with TUI yourself, FlyHelp can check the cause of the delay, file the claim and follow it up for you. You pay only if the claim succeeds.
Check your flight in 2 minutes: Check How Much You’re Owed. No win, no fee.
Sources: UK261 Article 7 (legislation.gov.uk), EU261 (EUR-Lex), TUI: How do I claim my flight delay compensation?, AviationADR: How to complain about a TUI flight
Frequently Asked Questions
How much compensation will I get for a delayed TUI flight?
You can claim £220, £350 or £520 per passenger under UK261, or €250, €400 or €600 under EU261, if you arrive 3 hours or more late. The amount depends on flight distance, and TUI can halve it on flights over 3,500 km when the arrival delay is between 3 and 4 hours.
Does TUI pay compensation for package holiday flights?
Yes, TUI pays compensation for flights booked as part of a package holiday in the same way as for flight-only bookings. The condition is that TUI Airways operated the flight; if another airline flew you, that airline handles the claim under UK261 or EU261 instead of TUI.
How long does TUI take to respond to a compensation claim?
TUI says it sends a final response within 56 days of receiving your claim form. If TUI rejects the claim, you can escalate to AviationADR straight away. If it does not respond, you can escalate free of charge after 8 weeks and ask for a review of the decision.
Can I claim from TUI for a flight delayed by weather?
No, you usually cannot claim compensation when bad weather made flying unsafe, because weather counts as an extraordinary circumstance. You can still claim if TUI blames weather but the real cause was a late aircraft or crew problem, so ask TUI for the exact reason in writing.
How far back can I claim TUI flight delay compensation?
You can claim for TUI flights up to 6 years back in England and Wales, and up to 5 years back in Scotland. For flights covered by EU261 that departed from an EU airport, the time limit depends on the country where you bring the claim, so check it before you file.



