How to complain about your delayed or cancelled flight

What is covered by the Denied Boarding Regulations

Regulation (EC) 261/2004 applies to all flights wholly within the EU/EEA or Swiss region, or departing an EU/EEA or Swiss airport, or arriving in the region and with an EU/EEA or Swiss airline. Under EU rules, airlines must pay compensation for cancelled or heavily delayed flights, however, they can escape this under some ‘extraordinary circumstances’. This can include sudden severe weather events for example. Pilots turning up late, cancelled booking due to under booking etc. are examples of the airline at fault and so passengers can complain and get compensation.

 

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The EC Regulations have been written into UK law as The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019.

Your rights when your flight is delayed, cancelled or you are denied boarding

Under European regulations (EC261), passengers have significant rights if their flight is delayed, cancelled or they are denied boarding. These rights have been in place across Europe since February 2005 and the CAA is the national enforcement body for them here in the UK.

The EC Regulations have been written into UK law, The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019.

The rights cover the following:

• Flight cancelled or delayed for several hours – the airline must look after passengers. It must provide food, drinks, and some communications. You are entitled to this if you are delayed more than 2 hours on short haul, 3 hours on medium and 4 on long haul.
• If passengers are delayed overnight, this also means providing them 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).
• Flight is cancelled – the airline must offer an alternative flight or a full refund. The passengers may also be entitled to compensation if the flight was cancelled less than 14 days before the scheduled departure.
• Denied boarding or “bumped” from a flight – the airline must offer an alternative flight or a refund. Passengers are entitled to compensation.
• If a passenger’s flight is delayed by more than 5 hours and they no longer want to travel they are entitled to a full refund.
• The Civil Aviation Authority says “Sometimes airlines may advise you to make alternative travel arrangements, then claim back the cost later. If you do this, try to keep costs down as much as you can, keep receipts and record the name of the person giving this advice. Book with the same airline if at all possible.”

The rules state that if you want a refund it must be given to you. An airline may offer you a voucher with a further discount which you may want to consider but you are under no obligation to take this.

Airline compensation

If the flight was cancelled less than 14 days before the flight, you will be due compensation. This can be anything from £110 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 this calculator.

The airline has said it has overbooked – what are my rights?

The airline must ask for “volunteers” to not take the flight. If it not essential for you to take the flight that day and time, consider accepting this, as the airline should keep raising the offer until they have enough people to take this compensation. You should get cash or vouchers but also a seat on a later flight, with food and accommodation if it’s a long or overnight wait.

If you are forced off due to overbooking, your rights are the same as above.

How long do I have to wait before I can decide 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.

Alternative flights

An airline might try and get you to fly with them on an alternative flight but legally you are entitled to find a flight that can get you back before they can. You should try and keep the costs down. Try and get agreement with the airline to take an alternative flight but if you can’t get that, book and claim later. You have a responsibility to keep costs down to what an average person would deem as “reasonable”. Keep your evidence for claiming later such as screenshots of the websites you tried, but even if it’s too late to do that you can take a screen shot of your history which which will show the dates and times you tried for various avenues to find the cheapest alternative.

Extraordinary circumstances: technical difficulties

The decisions made in the Huzar v Jet2 and Dawson v Thomson cases confirmed that routine technical difficulties are not extraordinary circumstances. Ron Huzar was delayed for 27 hours on a Malaga to Manchester flight. The delay had been caused by faulty wiring and Jet2 had claimed that this was unforeseen and categorised as an ‘extraordinary circumstance’. In the Dawson v Thomson case, James Dawson was claiming for an eight-hour delay on a flight to the Dominican Republic in 2006; his claim was made in 2012. The airline refused to pay, citing the Montreal Convention, which limits claims to two years after an incident.

On October 31^st 2014 the Supreme Court upheld the rulings at appeal. Delays caused by technical problems cannot be categorised as ‘extraordinary’ circumstances and not liable for compensation and consumers have up to six years after the flight to make qualifying compensation claims. A judge in Liverpool county court threw out applications on the 25th February 2015 by Jet2, Ryanair, Flybe and Wizz Air to keep claims on hold  until a case in Holland about technical delays (Van dear Kans v KLM) was decided. He stated that cases should be settled in line with existing passenger-rights rules.

Note: 17/09/15 further ruling against KLM  in the European Justice Court.

Airline strikes and how it affects compensation

Where a strike involves employees of another organisations, eg. 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.

Should you be met with refusal, quote the  Helga Krüsemann and Others v TUIfly GmbH case where it was ruled that strike by the company’s employees are not extraordinary circumstances. 17 April 2018.

Connecting flights

If, due to a delay of less than 3 hours, you miss your connecting flight and so arrived at the final destination more than 3 hours late, you are entitled to compensation of between €125 and €600. However, this is only the case if you book both flights together.

Airlines will really fight this one! But! In The Air France SA v Heinz-Gerke Folkerts& Luz-Tereza Folkerts 26/02/13 case, the Judge ruled that “Article 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 must be interpreted as meaning that compensation is payable.

This is on the basis of that article, to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time, given that the compensation in question is not conditional upon there having been a delay at departure and, thus, upon the conditions set out in Article 6 having been met.” So quote that!

Update – In March 2018 the 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. Claudia Wegener v Royal Air Maroc SA  31 May 2018.

Consequential losses and your entitlement to redress

If you have booked a hotel and other things, you should try to claim. If you are unable to fly but you booked a hotel separately you may not be able to recover that cost. Check the terms and conditions of your booking. If you can’t get your money back, you may be able to claim from you travel insurance but will depend on the cover you paid for. Often we just go for the cheapest which has the minimum amount of cover.

The EU laws don’t cover consequential losses. However domestic law may,

Consumer Rights Act 2015 came into force to cover airlines October 1st 2016 but it is such a new law that it’s largely untested and will be until we get a definitive judge-lead ruling.

The UK EU Consumer Centres says:

“Consumers may be able to pursue the airlines under the Consumer Rights Act 2015 (CRA) as the company should perform a service with reasonable care and skill. Also, another instrument that passengers may be able to use is the Montreal Convention.”

The CAA has been looking at how the CRA will work with the Montreal Convention as it is very complicated regarding what and when you are covered as the MC applies once in the sky and over rules anything else. It is far from clear cut!

However, request it as advised in the post and if you follow the tips for complaining effectively you’ll get it as people often do.

Compensation Amounts

Compensation for delays is only due on flights arriving over three hours or more late. (2 hours for flights 1,500km and under).  How much you are entitled to depends on how long the delay and how long the flight. It changes again if the flight is cancelled before/after seven days before you are due to depart. It does not reflect the price of the flight and is straight out compensation.

Travel Insurance

It’s really important to take out insurance the same time as you book your holiday. See Why you need travel insurance when you book a holiday! It is important to note though that it will not pay out where the airline is legally responsible. Other cover will depend on your policy.

If not happy with the travel insurance response you can take the matter to the Financial Ombudsman.

Package holidays

You are entitled to the same re routing, refunds, food and accommodation rights as above. It should be your travel company which will contact you to rearrange flights but if you are already at the airport you should contact them to discuss options.

If you are going on a package holiday, you have the same rights as any other passenger to rerouting and a refund, but you also have additional rights regarding the rest of your holiday, according to travel industry trade body the Association of British Travel Agents (Abta).

If the flight/holiday can’t be rearranged or the company makes significant changes then the travel company must offer either an alternative or a refund of the whole package holiday.

Ryanair 2017 and 2018

Ryanair flies into oblivion. It doesn’t learn. You are covered by all the above whatever it says.

Landing in court with Ryanair describes the situation with strikes in 2018 and the position of using ADR.

Look East interviews Ryanair CCO and Helen Dewdney

LookEast Evening and Late News 23/08/18. Two interviews with me regarding the current situation and one with the Ryanair Chief Commercial Officer David O’Brien. Looks at strikes, rights, bounced cheques and baggage issues.

Claiming from an airline for delayed/cancelled flights

If an airline says you have to phone to claim, you do not. Write to the CEO, get the email address from ceoemail.com which will ensure you jump the queue and also have the evidence should you need to take the matter further.

You can also purchase and download this Airline claim compensation letter template which also details the compensation amounts. Quote the relevant laws above if applicable.

Don’t feel like you need a no win no fee solicitor or a similar firm. They cannot and will not do anything that you cannot do for yourself and keep the whole amount! More here. After a recent Court of Appeal ruling, Bott & Co vs Ryanair, consumers must first contact the airline directly, or in case of using a third party, ensure that the complaint is in their name or otherwise the airline may reject the complaint on the grounds of breaching their T&Cs.

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

♬ original sound – The Complaining Cow

Refused compensation or not getting paid out after ADR decision?

Consumers who have had compensation claims rejected for any of the reasons rejected by the courts can now re-submit the claims to the airlines as long as the delay was less than six years ago.

If you have had a claim refused write again citing the relevant legal case above and follow the tips for complaining. You can also go to the relevant ADR scheme but see All about ADR.

The airlines do not have to respond to complaints within an official time limit, so set them a date by which you expect to receive a response. At the very least a “holding letter” of investigation should be sent.

If the airline is not a member of an ADR scheme you can contact the CAA. Write to the CAA CEO.

You can complain to an airline in the EU but if you having difficulty or need further help  contact the UK European Consumer Centre which helps with cross border disputes.

Covid related travel refunds

Coronavirus COVID-19 rights, refunds, reschedules various posts regarding your travel related rights

Other help for complaining about airlines

BA powercut debacle: Airline keeps passengers in the dark about their rights including giving people a premium number to phone. A free phone or low cost number not 084, 087 or 09 numbers must be provided.

There are of course lots of other complaints about airlines. Here is just one regarding Easyjet.

There are no such EU rules for flights operating outside of the EU/EEA or Swiss region (that are not an EU/EEA or Swiss carrier) and you should contact the Civil Aviation Authority for advice.

Flight cancelled or delayed? Your rights explained questions and answer format

See All you need to know about booking/complaining about holidays/flights for numerous scenarios, regulations, laws and complaining!

More details of amounts of compensation per type of/length of delay or denied boarding and advice on how to complain about loads of sectors in the best-selling book, How to Complain: The Essential Guide to Getting Refunds, Redress and Results!

101 Habits of an Effective Complainer provides you with more tips

Purchase and download holiday and flight complaint/delays templates

Purchase and download templates to gain redress swiftly

Further information about Alternative Dispute Resolution

Alternative Dispute Resolution research, investigations, reports and information