If I was on a flight from India to England via Kuwait, and the India -> Kuwait leg is delayed (by 5 hours), causing the Kuwait -> England leg to be delayed by 24 hours, is compensation still payable?

The initial delay was for a leg entirely outside of the EU, but the whole journey was to the EU. The airline is Kuwait Airways, which isn't based in the EU I am guessing.


  • You are not entitled to compensation based on the EU261 regulation but you could be entitled to compensation under the Montreal Convention.
    – Weclaim
    Commented Jan 7, 2019 at 16:06

4 Answers 4


Regulation EC261 applies only to flights:

  • departing from the EU
  • or with a destination in the EU, operated by an EU carrier

So you're not entitled to any compensation (or to the duty of care) under those regulations.

If your flight had departed from the EU or had been operated by a EU carrier, yes, the whole trip would have counted, and the delay at the final destination could have triggered compensation.


You could get compensation or a refund in case if the flight was canceled within 14 days of the date of travel or it was delayed and you did not fly & filed a refund/reimbursement.

As far as I can tell you had the "Right to care" which means that in case of a long delay the airline would provide:

  • reasonable refreshments or meals.
  • means of contacting 2 people outside the airport
  • hotel accommodation if necessary and transportation between the hotel and the airport.

These arrangements will be advised by the airline depending on the length of the flight and the duration of the delay.


Unfortunately, you are not eligible to claim compensation. As Kuwait Airways is not an EU carrier, and even the departure airport was not in EU.

Conditions when You may had received delayed flight compensation:
- You should have been departed from an EU airport
- Or travelled with an EU airline to an EU airport
- Delay should be of more than 3 hours an arrival airport

You would have received compensation up to 600 Euros, if you would have taken your flight from England to India with Kuwait Airways.


Since you were departed from the Non-EU airport and also the Kuwait airlines is not EU regulated airline thus you cannot claim compensation under EU regulation 261/2004.

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