Right to Care vs EU/UK Flight Compensation: What’s the Difference?

Many passengers assume that the right to care and EU/UK flight compensation are the same — but they are actually two very different rights. This confusion often causes travelers to miss out on immediate care and assistance at the airport or on flight compensation they may be entitled to.

Understanding the difference matters because the right to care applies in far more situations than compensation does. Even when airlines aren’t required to pay compensation, they may still be legally obligated to provide meals, accommodation, and other essential support.

Continue reading to learn more about your EU/UK air passenger rights.

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What Is the Right to Care?

The right to care is a passenger protection established under EU261 and UK261 regulations. It ensures that travelers are looked after when their journey is disrupted, regardless of who is responsible for the problem.

The right to care applies when your flight is delayed, cancelled, or you are denied boarding, and you are forced to wait at the airport. This right applies even when extraordinary circumstances, such as bad weather, security issues, or air traffic control restrictions, cause the disruption.

Airlines must provide passengers with essential assistance free of charge. This includes:

• Meals and refreshments appropriate to the length of the delay (typically when the wait reaches 3 hours or more)
• Access to communication, such as phone calls or emails
• Hotel accommodation if an overnight stay is required
• Transportation between the airport and the hotel

If the airline fails to provide this assistance, passengers can arrange it themselves and later request reimbursement, as long as expenses are reasonable and receipts are kept. Keep in mind that you won’t get a refund if you stay at a luxury hotel or dine in luxury restaurants.

What Is EU/UK Flight Compensation?

EU/UK flight compensation is a financial payment intended to compensate passengers for the inconvenience and lost time caused by certain flight disruptions. Unlike the right to care, compensation is not automatic and only applies in specific situations.

Compensation applies when a flight is:

1. delayed by 3 hours or more at the final destination
2. cancelled with short notice
3. overbooked, and you are denied boarding involuntarily.

Not all delays and cancellations are eligible for flight compensation. Compensation is due only when the disruption was caused by reasons within the airline’s control, such as technical or operational issues, including mechanical problems with an aircraft, crew shortages and staff strikes. Yes, strikes involving Virgin Atlantic staff can entitle you to flight compensation.

Under EU261 and UK261, compensation amounts are fixed and based on flight distance, not ticket price or travel class.

When your destination is within the EU/UK:

When your destination is outside the EU/UK:

Flight compensation is a cash payment.

It is paid after the flight, usually by bank transfer.

Importantly, you are not required to accept vouchers, travel credits, or airline points instead of money — compensation must be paid in cash/bank transfer unless you explicitly agree otherwise.

If your flight is cancelled due to technical issues or other reasons for which the airline is responsible, you are also entitled to a new flight or a full refund — in addition to EU/UK flight compensation you may be owed.

When You’re Entitled to Both Care and EU/UK Flight Compensation

In some situations, passengers are entitled to both the right to care and EU/UK flight compensation.

• Your flight is delayed, overbooked or cancelled at the last moment, and you are required to wait 3+ hours, and
• The disruption was caused by reasons within the airline’s control.

Common examples include:

• Technical problems with the aircraft
• Operational issues, such as late incoming aircraft
• Crew shortages or airline staff strikes

In these cases, the airline must provide immediate care at the airport (meals, communication, hotel if needed) and may also owe you flight compensation after the journey is completed.

One right does not replace the other — you can receive both.

When You Get Care but Not Compensation

There are also situations where passengers are entitled to care and assistance, but not EU/UK flight compensation. This usually happens when the disruption is caused by extraordinary circumstances — events outside the airline’s control.

Examples include:

• Severe weather conditions
• Air traffic control restrictions or strikes
• Security risks or airport closures
• Pandemics
• Terrorism threats
• Natural disasters

Although compensation is not owed in these cases, airlines are still legally required to provide the right to care. This includes:

• Meals and refreshments appropriate to the waiting time (starting from delays lasting 3 hours)
• Access to communication (calls or emails)
• Hotel accommodation and transportation if an overnight stay is required

In short, even when compensation doesn’t apply, airlines must still look after passengers and cover essential needs during the disruption.

Summary: Key Differences Between Right to Care and UK/EU Flight Compensation

Aspect	Right to Care	EU/UK Flight Compensation
What it is	Immediate assistance provided by the airline	Financial payment for inconvenience
What you receive	Meals, drinks, communication, hotel, transport	Fixed cash amount (€250, €400 or €600)
When it applies	During delays, cancellations, or denied boarding	After delays, cancellations, or denied boarding
Cause of disruption	Applies regardless of cause	Applies only if the airline is responsible
Extraordinary circumstances	Still applies	Does not apply
Timing	Provided immediately at the airport	Claimed after the flight
How it’s given	Direct assistance or reimbursement	Paid to your bank account. You don’t have to accept vouchers.

Read more: How to Claim Virgin Atlantic Compensation?

While the right to care covers your immediate needs during a disruption, EU/UK flight compensation is a separate financial entitlement that applies only when specific legal conditions are met.

Featured photo by Markus Winkler from Pexels