Your rights when your flight is disrupted
You have legal protections when your flight is delayed or cancelled regarding what airlines must do including compensation in certain circumstances.
What are the regulations that cover me if I have any problems with a flight?
The Denied Boarding Regulation (261/2004 EC) applies to passengers departing from an airport within the EU on any airline. They also apply to passengers departing from an airport outside the EU bound for an airport within the EU, if the operating air carrier is a Community carrier. (i.e. a carrier with a valid operating license granted by an EU state).
The EC Regulations have been written into UK law as The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019.
If I have to wait in the airport for a delayed or later cancelled flight – what are my rights?
The airline must look after you. It must provide food, drinks and access to communications, in the unlikely event you don’t have a mobile phone or it’s not charged. You are entitled to this if you are delayed more than 2 hours on short haul, 3 hours on medium and 4 hours on long haul.
If you are delayed overnight, the airline must provide you with a hotel and travel to and from it. (All these must still be provided even if the delay was out of the airline’s control).
My flight was cancelled – will I receive compensation?
If the flight was cancelled less than 14 days before the flight, you will be due compensation. This can be anything from £220 to £520, depending on how long the flight is and how long the delay if you take a replacement flight. You can check your flight details using an online flight calculator.
Can I get a flight with another airline?
The airline might try and encourage you to wait until the next day but if that isn’t suitable for you then you can insist on a replacement flight. If the airline cannot offer you an acceptable flight, then you can book with another airline. Ensure you keep these costs as low as possible and retain your evidence, such as screen shots, showing that it was the cheapest flight available.
How long do I have to wait before I can choose not to travel?
Once your flight is delayed by more than 5 hours and you no longer want to travel, then you are entitled to a refund.
Does the airline have to pay compensation if they say it was “extraordinary circumstances” outside of their control?
Pilots turning up late, cancelled bookings due to under booking, over booking, technical difficulties etc. are examples of the airline at fault and so passengers can complain and get compensation.
However, something that is out of the airline’s control, such as air traffic issues and severe weather events, would be considered as an “extraordinary circumstances”.
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Airport caused flight delay – what are my rights?
Your rights are the same but you will not be entitled to the compensation as it is an extraordinary circumstance.
@thecomplainingcow Power outage at Heathrow and surrounding areas due to fire at a substation in Hayes. #Heathrow #HeathrowAirport #Travel #TroubleDelays #London
The flight was cancelled due to a strike – can I claim?
Where a strike involves employees of another organisations, e.g. air traffic controllers, an airline cannot be expected to pay compensation for a delay that realistically is outside of their control. However, if delays occur as a result of a strike by an airline’s own employees, then passengers should be entitled to compensation.
The flight was delayed due to staff sickness can I claim?
On the 10 July 2024 the Supreme Court ruled that airline staff sickness is not an “extraordinary circumstance”. A pilot had fallen ill and the Court ruled that all businesses have staff who can become unwell. Therefore this should not be extraordinary, so the precedent has been set. BA had to pay the compensation for the delayed flight. Lipton and another V BA Cityflyer Ltd. BA has to pay the compensation for the delayed flight.
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My flight was delayed by something within the airline’s control – to what am I entitled?
For any flights delayed over 3 hours on arrival, you will be entitled to compensation ranging from £220 to £520, depending on length of delay and flight distance.
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I missed a connecting flight – what are my rights?
If you miss your connecting flight and so arrived at the final destination more than 3 hours late, you are entitled to compensation. However, this is only the case if you book both flights together.
Airlines may try and argue this. But in March 2018 the UK Supreme Court ruled that airlines must pay compensation when passengers miss a connecting flight and arrive more than 3 hours late at a destination outside of the EU.
I have lost the cost of my accommodation – am I entitled to redress?
This is a slightly grey area. The EU laws don’t cover consequential losses. However domestic law may do.
The CAA has been looking at how the CRA will work with the Montreal Convention (MC), as the MC applies once in the sky and overrules anything else. It is far from clear cut!
The queue at security was so long that I missed the flight – am I due anything?
The Civil Aviation Authority (CAA) says “If you miss a flight due to a long queue at security, even though you arrived at the airport on time, it is unlikely that an airline would pay compensation or consider itself obliged to offer you a free alternative flight. We are pleased to see that some airlines are helping their passengers find alternative flights voluntarily.”
There was a problem at the airport that caused the delay or cancellation can I claim anything?
This would likely be outside of the airline’s control so unlikely that you will receive compensation. If you are held in the airport though you will be entitled to the support as above.
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My flight was affected by war. What are my rights?
If your travel plans are affected by war or conflict, different rules apply. You can read more in my guide to cancelling a holiday due to war, including your refund rights and how travel advice affects cancellations.
The airline refuses to pay out – what can I do?
If the airline is a member of an Alternative Dispute Resolution (ADR) provider, such as CEDR, you can submit your case to it. They will make a decision with which the airline must abide. If the airline is not a member a scheme you can take the matter to the Civil Aviation Authority (CAA).
You can claim up to 6 years from the date of the scheduled flight.
Further help with holidays and flights
More information on flight delays and cancellations answers to more questions related to flight delays and cancellations.
For more information, stories, laws and advice see All you need to know about booking/complaining about holidays/flights
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