On this page 20
- The transport obligation
- How the delay is measured, and why it matters so much
- Work out your own number first
- Was the diversion itself extraordinary?
- The things airlines get wrong
- Diversions that become cancellations
- Care at the diversion airport
- Your bags
- If you were diverted on the way out and it ruined the trip
- What to write
- Diverted before you even departed
- Long transfers and what counts as reasonable
- Keep the two claims apart
- The one number that decides everything
- In short
- Worth remembering
- Group travel and transfers
- Keep the boarding pass for the original flight
- If the airline flew you onward instead of coaching you
- One sentence to put in every diversion claim
Diversions sit awkwardly in most passengers' understanding of their rights, because the aircraft did land, roughly on time, and the airline will often behave as though it has therefore done its job. It has not. Being landed at an airport you did not book is not delivery of the contract, and the regulation is clear about what follows.
The short version
The airline must carry you from the diversion airport to the one you booked, at its own cost. Your delay for compensation purposes runs to when you actually arrived at your original destination, ground transfer included — which is frequently many hours after the aircraft landed.
The transport obligation
Where a flight is diverted to an alternative airport, the carrier must bear the cost of transferring the passenger from that airport either to the one originally booked, or to another destination agreed with the passenger. This is an unqualified obligation. It is not discretionary, it is not reduced by extraordinary circumstances, and it does not depend on whether compensation is payable.
In practice this means coaches, and sometimes very long ones — a transfer of two or three hours is unremarkable, and diversions to another country happen. The airline arranges and pays. If it fails to and you make your own way, the reasonable cost of doing so is recoverable: a train ticket, a taxi where no reasonable alternative existed, a connecting flight if that was genuinely the only option.
Keep it proportionate and keep receipts. A standard-class train fare is reimbursable; a chartered car across a country when coaches were running is harder to defend.
How the delay is measured, and why it matters so much
This is the rule that transforms these claims. Compensation is assessed on your arrival at your final destination — the airport on your ticket — not on where the aircraft happened to stop.
So consider a flight scheduled into its destination at 21:00 that is diverted and lands elsewhere at 21:40. The airline's own records may show a forty-minute delay. But if you then waited two hours for a coach and spent three hours on it, you arrived at your ticketed destination at around 02:40 — five hours and forty minutes late. That is a full claim in whichever band applies, and on a long-haul journey it is comfortably past the four-hour line that distinguishes the halved award from the full one.
Airlines quote the landing time. The regulation asks about the arrival. If your refusal letter states a delay figure that matches the aircraft's landing rather than your arrival, that is the first thing to correct, and it is often the whole dispute.
Work out your own number first
Before writing, establish three times:
- Scheduled arrival at your ticketed destination.
- Actual arrival at your ticketed destination — when the coach pulled in, or when you got off a replacement flight.
- For completeness, when the aircraft landed at the diversion airport, so you can show the gap.
Then put the first two through the calculator. State the arrival gap in the claim and explain explicitly that it is measured to the original destination including the surface transfer, citing that the final destination is the airport on the ticket.
Was the diversion itself extraordinary?
Often, yes — and it matters less than you would think, because the measurement rule above does a lot of the work.
Diversions are usually caused by weather at the destination, an airport closure, a medical emergency on board, or a technical issue. Weather, closures and medical diversions are genuinely extraordinary and will defeat the compensation element. A technical fault will not. Technical faults.
But even with a good extraordinary circumstances defence, the second limb still applies to what happened afterwards. If the aircraft diverted for weather at 20:00, the weather cleared at 21:00, and you were nonetheless coached for four hours rather than flown the remaining twenty minutes once the airport reopened, the airline is being asked about its recovery, not about the weather. A long transfer following a short-lived weather event is worth challenging.
And the transport obligation and duty of care survive regardless.
The things airlines get wrong
| What they say | The position |
|---|---|
| "The flight operated and landed safely" | Irrelevant; it did not land where you booked |
| "Your delay was 40 minutes" | Measured to the aircraft, not to your arrival |
| "Make your own way, we'll consider costs later" | The transfer is their obligation, not a goodwill gesture |
| "Weather was extraordinary so nothing is owed" | Defeats compensation only; transfer and care still owed |
| "We flew you to the nearest airport, that's sufficient" | It is not; the obligation is to your booked destination |
Diversions that become cancellations
Sometimes the airline decides not to continue at all: it lands you somewhere, declares the flight terminated and leaves you to it. That is effectively a cancellation of the remaining carriage, and it engages the full set of cancellation rights — a choice between re-routing to your destination at the earliest opportunity and a refund, plus compensation subject to the usual cause analysis, plus the transfer obligation, plus care.
If you are told at a diversion airport that the airline's responsibility has ended, that is simply wrong. Ask for it in writing, which usually resolves the matter, and if it does not, the written refusal is exactly what you need to justify arranging your own onward travel and claiming the cost.
Care at the diversion airport
The duty of care applies wherever you are stranded. Meals proportionate to the wait, and accommodation with transport if an overnight stay becomes necessary.
Diversion airports are frequently small, late at night, with limited facilities and few hotel rooms, and this is where passengers are most often abandoned. Ask explicitly, note who you asked and what they said, then arrange something modest yourself and claim it. A documented refusal converts a hotel bill from a request into a reimbursable expense. What gets reimbursed.
Your bags
Baggage frequently ends up separated from passengers during a diversion, either continuing on the aircraft or being offloaded. Delayed baggage is a separate claim with its own basis in international convention, and checked-bag fees should be refunded where the bag is materially delayed.
Keep it separate from the delay claim. A settlement described as resolving "your disruption" can later be presented as having covered both, and they are different entitlements.
If you were diverted on the way out and it ruined the trip
Where the diversion and its aftermath mean the journey no longer serves any purpose — you arrived after the event you were travelling for — you are entitled to a refund of the flight, and to a return to your original point of departure at the earliest opportunity if that is what you want. That is a genuine option in the regulation and almost nobody invokes it.
It is rarely the right choice in practice, but it is worth knowing it exists, because it strengthens your position when the airline presents a long coach transfer as the only thing on offer.
What to write
My flight was diverted to [airport]. My final destination under the contract of carriage was [airport], at which I arrived at [time] against a scheduled arrival of [time] — a delay of [X hours]. Compensation is assessed by reference to arrival at the final destination, which includes the surface transfer from the diversion airport. I therefore claim [amount] per passenger under Article 7.
I additionally claim [amount] in respect of [transport/accommodation/meals] incurred because transfer and care were not provided, with receipts attached.
Diverted before you even departed
A variation worth noting: sometimes the diversion affects the aircraft due to operate your flight, which lands somewhere else and never reaches you. Your flight is then delayed or cancelled while the airline works out how to get an aircraft to your airport.
That is an ordinary delay claim rather than a diversion claim, and the cause analysis runs on whatever diverted the inbound. If weather closed your airport, the same weather explains your delay. If the inbound diverted for a technical reason, your claim stands. Ask what happened to the inbound aircraft and why a replacement could not be found.
Long transfers and what counts as reasonable
Coach transfers after a diversion are frequently uncomfortable and occasionally very long, and passengers ask whether they can simply decline and make their own way. You can, but understand the position: if the airline has arranged transport and you choose something more expensive instead, you are unlikely to recover the difference. The reimbursement argument works where transfer was not offered, or where what was offered was unreasonable — an eight-hour coach arriving at 05:00 when a one-hour train was running, for instance.
If you do decline, say so at the time and say why, in writing if possible. A contemporaneous note that you asked for an alternative and were refused is worth considerably more than an explanation constructed three months later.
Keep the two claims apart
There are two distinct money claims after most diversions: compensation for the late arrival, and reimbursement of costs the airline should have borne. They arise under different articles and should be submitted as separate, clearly labelled items. Bundled together, airlines routinely answer the compensation point, refuse it on extraordinary circumstances, and treat the expenses as dealt with — when the expenses were never defeasible on that ground at all.
The one number that decides everything
If you take nothing else from this: the time that matters is when you reached the airport on your ticket, not when the aircraft stopped. Airlines quote the landing. Write down the other one, and a diversion that looks like a minor inconvenience on paper frequently turns out to be a full claim.
In short
The transfer is the airline's obligation and its cost. Your delay runs to your arrival at the booked destination including the coach. The cause may defeat the compensation but never defeats the transfer, the meals or the hotel — and those are the parts passengers most often forget to claim.
Worth remembering
Record when you reached the airport on your ticket. That is the number the regulation uses and the one the airline will not volunteer.
Everything else follows from that one timestamp: the band, the threshold, and whether the airline's stated delay figure was measuring the aircraft instead of you.
Write down when you reached the airport on your ticket, and keep every receipt from the time you landed somewhere else.
Group travel and transfers
Coaches after a diversion are allocated by whoever is organising on the ground, and families and groups are sometimes split across vehicles arriving hours apart. Your arrival time is when you arrived, so passengers on the same booking can in principle have different arrival times. In practice claim on the latest arrival among you and say so; airlines rarely dispute it, and the alternative is four claims with four different figures.
Keep the boarding pass for the original flight
It shows the destination you contracted for, which is the fact the entire claim rests on. If the airline later argues that it delivered you to "an airport serving the same city", the ticket is the answer.
If the airline flew you onward instead of coaching you
Sometimes the resolution is a short positioning flight rather than a coach. The analysis is identical: your delay runs to your arrival at the ticketed destination on that second flight, and the airline bears the cost of it. Nothing about being flown rather than driven changes the measurement.
One sentence to put in every diversion claim
"My final destination under the contract of carriage was [airport], and compensation falls to be assessed by reference to my arrival there." It pre-empts the landing-time argument before the airline makes it.
Say it in the first paragraph, before the airline frames the facts its own way.
It is the sentence that decides which arrival time the claim is assessed on.
Work out your own figure
Four regimes checked at once, no sign-up, and it shows you the article the number comes from.