Flight cancelled or delayed? Here’s how to claim compensation
It’s peak time for travellers. In the coming weeks, airports, airlines and air traffic control will be under pressure all over Europe. Following the chaos of last summer we are all hoping for the best – but, inevitably, some things are certain to go wrong.
Already this year, we have seen strikes on the railways, among airport security staff, the Border Force and air traffic controllers in Europe. Holidaymakers have endured major IT crashes at British Airways and on airport e-gates. All of which have caused significant delays or cancellations.
Even if repeats of these failures are avoided this summer, such is the sheer number of people who will be on the move that the pressure on the system at peak times means there’s bound to be disruption.
If it happens to you, it pays to know what you are entitled to. Here is our guide to your legal and compensation rights when travel plans are cancelled or delayed. Find more advice on the immediate practical steps here.
Can I get compensation if my flight is delayed?
To claim compensation, the hold up must have been the airline’s fault (see below for more details) and cause a delay of three hours or more beyond the scheduled arrival time. You will not normally be entitled to compensation for delays caused by bad weather or air traffic control problems. You may, however, be entitled to a small payment to cover food costs, and accommodation if your flight is delayed overnight (also see below).
Can I get compensation if my flight is cancelled?
If your flight has been cancelled due to bad weather or air traffic control hold ups, your only options are to request to be placed on an alternative flight, or to request a refund of the original fare paid. Contact your airline directly if you do wish to claim a refund, but beware that in doing so you will waive your right to being placed on another flight.
If you opt for an alternative flight, it is your choice as to whether you take the next available flight, or to travel at a later date. If you decide to travel at a later date, you may be able to claim compensation on reasonable expenses, such as overnight accommodation and a reasonable cost of phone calls. If you cannot contact your airline directly, you will be expected to pay for the accommodation yourself and then claim the cash back later. Keep your receipts.
If the cancellation is the airline’s fault, similar rules and amounts for compensation apply as for delays and there are particular conditions and variations depending on how far in advance the flight was cancelled (see caa.co.uk/consumers). See below for how much you could be entitled to.
Am I entitled to refreshments if my flight is delayed?
Yes, if the delay is longer than three hours. Whatever the reason for the delay, the airline must then provide food and drink appropriate to the time of day (often in the form of a voucher) and a means of communicating your delay or a refund of the cost of essential calls. For overnight delays, you must be given hotel accommodation and transport to it – or to return home if you are on the outward leg. If there’s a major disruption, you may have to make your own arrangements and claim back the cost. Be reasonable when booking accommodation – don’t expect a full refund for an expensive hotel unless there is no alternative. Receipts are essential.
Which flights qualify for compensation?
Under current EU and British law, you must be departing from, or arriving at, a British or EU airport (this includes Iceland, Norway and Switzerland) on any airline to qualify for compensation. The rules also apply to anyone travelling anywhere else on an EU or British airline.
How much can I expect for a delayed flight?
For delays of three hours or more which are the fault of the airline, you are entitled to a cash payment of £220 for short flights and £350 for a flight of 1,500–3,500km. For flights over 3,500km you should receive £520 for a delay of three to four hours. You don’t have to take the flight if it’s delayed for five hours or more, and will be entitled to a full refund within seven days.
However, as already stated, these amounts do not apply in all cases. If your delay is caused by bad weather for example, you will not be entitled to compensation.
What is covered?
You should get compensation for delays caused by most things within an airline’s control, including technical problems such as component failure and general wear and tear. The Civil Aviation Authority (CAA) has said that a strike by the airline’s own staff comes under its responsibility and could mean a right to compensation. It might depend on how far in advance the carrier has given you warning of disruption.
What is excluded?
Compensation is not payable in “extraordinary” circumstances, such as war or civil unrest, security issues, natural disasters, extreme weather (including an airport’s failure to de-ice the aircraft on time), air traffic control restrictions, strikes by airport staff, a medical emergency on board, and some crew issues.
How long do I have to make my claim?
You can claim for qualifying delayed flights over the past six years. Airlines have tried to limit claims to the past two years but this has been rejected by the courts.
Can I claim if a shorter delay means I miss a connecting flight?
Yes, if all the flights are made under the same booking reference and the connection is made at an EU airport. For example, if you are due to fly from London via Madrid to Buenos Aires and you miss your connection in Madrid because the flight from London arrives an hour late, you can claim for long-haul compensation as long as the delay in arriving at your final destination, in this case Buenos Aires, is more than three hours.
Can I claim for a delayed flight outside the EU on a non-EU airline if my journey began in the UK?
It depends. If, for example, you were flying London-Dubai-Singapore and your London-Dubai flight arrived more than three hours late you can make a claim. However, if the delay was on the Dubai-Singapore sector you probably would not be eligible for compensation. There is also no compensation for delays on any sector of your return flight to the UK.
The airline has offered me vouchers as compensation, what should I do?
It is your choice whether to accept them or not. The Regulation says that the airline should pay compensation in cash.
I have submitted a compensation claim to the airline but it says the delay was due to ‘extraordinary circumstances’. What do I do next?
Double-check that you have a case by reading through the CAA’s ‘Delays and Cancellations’ information at caa.co.uk/passengers. If you decide to make a claim and the airline does not settle it within eight weeks, then most large airlines are members of an Alternative Dispute Resolution Scheme (which are listed by the CAA), so you can refer the problem to the appropriate body.
If there is no ADR available, your options are as follows. If your delayed flight departed from a UK airport you can ask the CAA’s Passenger Advice and Complaints team to review your case and it will contact the airline on your behalf if you have a valid claim. Use the online form to send details of your complaint including copies of supporting information.
However, most large airline have signed up to an Alternative Dispute Resolution Scheme, in which case, the CAA will no longer look at the complaint. In these cases, if your case is not resolved after eight weeks, you can refer it to the ADRS - these are listed by the CAA.
If your flight departed from another EU country you need to contact the National Enforcement Body (NEB) in the country where the airline has its home base. The NEB will eventually - usually months later - provide a written ruling on your claim. This is not legally binding but most airlines pay out at this point.
Is there another route to pursue my claim?
You can take a UK-based airline to court once you have a written rejection. Use the Money Claim Online service, which costs £35 depending on the value of your claim (to a maximum of £1,000). This service only covers England and Wales. For Scotland visit scotcourts.gov.uk; for Northern Ireland visit courtsni.gov.uk.
I’m worried about all the form-filling involved. Is there another way?
Some specialists will handle claims for you on a no-win, no-fee basis, though they take about 30 per cent of the payout. Try Bott & Co (01625 415800; bottonline.co.uk), for example, which will deal with flights that depart or arrive in England and Wales and any eligible flights on UK-registered airlines. Its website has a free flight checker to find out if you have a valid claim. Dutch-based EU Claim (020 3318 3583; euclaim.co.uk) runs a similar kind of service.
What about travel insurance for delays?
Your travel insurance policy will probably offer compensation for a delay, though in most cases, it is likely to be a derisory amount – say £20 – and even then it is only available after an extremely long delay – typically of 12 hours or more.
What about other arrangements I have paid for?
If you have booked a hire car, a hotel, a villa or other accommodation independently of your flight, and you are delayed or unable to travel, the airline is not liable for any losses you may incur. You are still responsible for paying the bill.
What happens if my airline goes out of business?
If you have booked a seat-only ticket on a charter flight, or are on a package holiday, the CAA under the Atol protection scheme will arrange a refund or, if you are abroad, will take responsibility for repatriating you.
In such cases they can claim the fare back from the card company. Stranded passengers may still lose out, however, because they will have to buy a new ticket home, which will probably cost more than the original.
What can I do to protect my scheduled flight tickets?
Apart from paying with a credit card, you could take out insurance. Some policies offer cover for the failure of an airline. This is often referred to as Scheduled Airline Failure Insurance (SAFI). The level of this protection varies, but Travel Plus – offers cover up to £2,500, not only for loss on air tickets and the extra cost of replacing flights, but also for items such as a villa deposit, which you may lose if you can’t travel because of the airline’s failure. Check with your provider if it offers SAFI cover — it may be an optional extra.
Reader Service: Are you wondering what you need to do before flying? Or when you need to buy travel insurance? Learn more about the Telegraph Media Group Travel Insurance service and find answers to your question
This article is kept updated with the latest information.
