Flight cancelled or delayed? Here’s what you need to know about refunds and compensation
A large part of Gatwick’s South Terminal has been evacuated due to a “security incident”.
The alarm was raised after a “suspected prohibited item” was found in luggage. A bomb disposal team has been deployed as a precaution, according to Sussex Police.
A spokesman for Sussex Police said: “Police were called to the South Terminal at Gatwick Airport at 8.20am on Friday following the discovery of a suspected prohibited item in luggage.
“To ensure the safety of the public, staff and other airport users, a security cordon has been put in place whilst the matter is dealt with.
“As a precaution, an EOD (Explosive Ordnance Disposal) team is being deployed to the airport.
“This is causing significant disruption and some roads around the South Terminal have been closed. We’d advise the public to avoid the area where possible.”
In a statement, Gatwick Airport said: “Passengers will not be able to enter the South Terminal while this is ongoing. Safety and security of our passengers and staff remains our top priority. We are working hard to resolve the issue as quickly as possible.”
The evacuation has already started disrupting services. Vueling has ordered two flights from Barcelona to Gatwick plus a flight from Seville to Gatwick to turn around. Meanwhile, passengers due to depart from the South Terminal are unable to check in to their flights.
Train services at Gatwick Station have also been suspended, but trains continue to run through the station without stopping.
The incident is likely to cause significant disruption for many passengers. So what, exactly, are people caught up in the chaos entitled to?
The detail around customer rights in this area is sometimes complicated, but the main principles are straightforward. If your flight to or from the UK or the EU is delayed or cancelled at the last minute you are not only legally entitled to be looked after by your airline, you may be due cash compensation too.
Because airlines will often attempt to avoid paying out, it is worth being sure of your rights when it happens to you. Our guide explains everything you need to know, the rules on compensation and how to make sure you get it. Find more advice on the immediate practical steps here.
What am I entitled to if my flight is cancelled?
If your flight to or from a UK or EU airport (or with a UK/EU airline) is cancelled outright, whatever the reason, your airline must offer you either a full refund or a seat on the soonest available alternative flight, even if it is with a rival carrier.
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 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 the cost of phone calls.
If you are flown to a different airport, the airline must also cover the cost of onward travel, though you should keep expenditure to a minimum (by taking the train from Heathrow to Gatwick, for example, rather than a taxi).
What if my airline cannot provide an alternative flight ticket?
If your airline cancels your flight and is unable to offer an alternative, you must make your own arrangements and seek a refund from it at a later date. Once again, you should keep costs to a minimum, choosing the cheapest available route and, where necessary, staying in budget hotels. Keep your receipts, as well as evidence such as screenshots to prove you bought the cheapest available tickets.
My flight is delayed: what support am I entitled to?
In the event of a long delay (see below), and regardless of the cause, airlines must 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 for the cost of essential phone 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 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.
A long delay means, for short flights (up to 1,500km), two hours or more; for mid-haul journeys (1,500 to 3,500km), three hours; for longer trips, four hours.
Can I get compensation if my flight is delayed?
To claim additional cash compensation, the hold-up must have been the airline’s fault. This does not include severe weather or IT breakdowns, for example.
However, a recent Supreme Court decision found that it does include staff illness. A passenger had brought a case against BA Cityflyer after their compensation claim for a cancelled flight in 2018 was turned down by the airline on the grounds that the cause of the delay – a pilot falling ill – was an “extraordinary circumstance” and therefore the company was not legally responsible.
The Court’s judgement was that staff illness does not constitute an “extraordinary circumstance”, and that compensation should be paid. As the consumer watchdog Which? pointed out in response, this is a blow to airlines which have long tried to pass off problems travellers might consider to be day-to-day issues as “extraordinary” and thus avoid payouts. The ruling opens the door for many more claims from passengers who suffer cancelled or delayed flights. It does include delays and cancellations caused by staff sickness) and cause a delay of three hours or more beyond the scheduled arrival time.
Can I get compensation if my flight is cancelled?
Again, this applies only if the airline is to blame for your flight being cancelled. For those affected by today’s airport evacuation, you are only entitled to a refund or a seat on an alternative flight.
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.
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 used to apply to anyone travelling anywhere else on an EU or British airline, however a recent EU court ruling means that some long-haul flights to Britain via EU airports are now excluded. Read more on the rule change here.
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 third-party IT problems, war or civil unrest, security issues, natural disasters, extreme weather, air traffic control restrictions, a medical emergency on board, and some crew issues. These are unforeseeable emergencies and airlines are not liable for them.
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.
What if I miss my connecting flight because of a meltdown with airport border-control e-gates?
Many connecting flights don’t involve going through passport control. But if you are arriving in the UK on an international flight and then connecting to a domestic one, you will have to do so. If you miss it because of technical problems with the e-gates for example – these have been an issue recently – you won’t be entitled to any compensation, but if you are travelling with the same airline on both flights it will normally allow you to rebook for a later flight – though not always, it may depend on the type of ticket you have. If you are changing airlines – arriving on BA from overseas and then have a domestic flight with another airline which you miss for example – you will normally have to make a new booking at your own expense. Your travel insurance may help with this however, subject to a deduction for the excess on the policy.
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.com) 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. Most flights with scheduled airlines are not protected by the scheme.
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 questions.
This article is kept updated with the latest information.
