What are you entitled to when your flight is cancelled or delayed?
Your questions about flight cancellations or delays and your entitlement to a new flight and/or compensation answered.
@thecomplainingcow How to claim cancelled and delayed flights compensation #Flights #Airlines #CancelledFlights #DelayedFlights #HolidayTips
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, whatever the airline is. 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.
This law gives you the legal right to compensation if things go wrong. However, recent research by Which? found that only 38% of people claimed what was due to them.
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 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 £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.
Can I get a flight with another airline?
If the airline cannot offer you a suitable flight, then you can book with another airline and you should keep these costs as low as possible and keep your evidence that it was the cheapest flight available. 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.
The airline has offered vouchers not a refund – can I insist on a refund?
Yes. 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.
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.
How should I claim?
Be assertive. ALWAYS make your claim in writing. Make it clear that under the aforementioned Regulations you are entitled to a full refund. State that if you do not get a refund you will go to the relevant ADR provider or CAA if the airline is not a member, or go to the Small Claims Court or claim under Section 75 if you paid by credit card.
Many airlines will try and insists that you phone. There is NO obligation for you to do this. There will be no record. See why Why you should write not ‘phone to complain effectively. This is by letter or email, social media teams will not deal with claims.
Write to the CEO using ceoemail.com which will escalate the matter.
Go to moneyclaimonline in England and Wales. For Scotland go to scotcourt.gov.uk and Northern Ireland NIDirect.gov.uk
Fill in all the details until “submit”. This should include everything that you are claiming for, plus the court costs which vary according to the amount you are claiming. Add in any out-of-pocket expenses, such as travel costs that you may have incurred or will incur in attending court. Then take a screenshot and attach that to the email.
See top Top 20 Tips on how to complain effectively.
The airline has said it’s “extraordinary circumstances” and they don’t have to pay compensation – do they have to?
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 circumstance”.
Air traffic strikes:
@thecomplainingcow #Ryanair and #Easyjet announce hundreds of cancellations #Travel #Flights #Holiday #Holidays #AirTrafficControl #strikes
The CAA has listed some of the delayed and cancelled flight situations which it considers have been cancelled due to extraordinary circumstances.
Adverse weather in Dubai 2024
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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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The flight was cancelled due to a strike can I claim?
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.
The flight was delayed due to staff sickness can I claim?
On the 10 July 2024 the Supreme Court ruled that sickness is not an extraordinary circumstance. A pilot had fallen ill and the Court ruled that all businesses have staff who are unwell and so therefore should not be extraordinary so the precedent has been set. Lipton and another V BA Cityflyer Ltd.
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I missed a connecting flight – what are my rights?
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. 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. The Consumer Rights Act 2015 came into force to cover airlines 1 October 2016 but it is such a new law that it’s largely untested and will be until we get a definitive ruling from a judge.
The CAA has been looking at how the CRA will work with the Montreal Convention (MC), 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!
The queue at security was so long 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.”
The airline says I have to phone to claim compensation but I can’t get through – what can I do?
There are no rules on how you must claim. Put your claim in writing. State when and where you bought the flight, the booking reference, the flight number, the date and time of the flights and the time of arrival/length of delay. If the airline does not provide an email address, use ceoemail.com to get the email address for the CEO. They may not respond personally but it will get your claim into the system, at executive level.
I booked a package holiday with a travel company but flew with a different airline. To whom do I claim?
If for example you flew with Tui but went on an Air Mauritius flight (so you didn’t have a TOM flight number) you will need to claim from Air Mauritius.
The airline changed my flight time – what are my rights?
Airlines can change the flight times in line with their terms and conditions. Airports only confirm flight times 3 months in advance and even then they can change. Sometimes times change due to changing the craft type amongst other reasons! If they change your flight completely then you will be covered by the Regulations. If a significant change (determined by the airline’s terms and conditions and range from 2 hours for BA to 12+ for Virgin!) you will be given the option of a refund or comparable flight e.g. departing from a different airport.
You have no right to compensation and it is unlikely that your travel insurance will pay out for any consequential loss.
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 of an ADR scheme you can take the matter to the Civil Aviation Authority (CAA).
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.
I booked my flight as part of package holiday and my flight was affected what do I do?
You will need to contact the travel company and discuss your options regarding new flights, refunds etc. However you are also still entitled to any of the compensation due under The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019.
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.
@thecomplainingcow If a war or major conflict breaks out while you’re travelling or before your trip, many people aren’t sure what their rights are. ✈️ Can you cancel? Can you get a refund? What are airlines and travel companies responsible for? ⚖️ Knowing your rights before you travel can make a big difference. Have you ever had a holiday disrupted by a major event? 🤔 #travel #consumerrights #refunds #traveladvice #consumeradvice
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