Consumer rights expert Martyn James has compiled a definitive guide to your rights when flights are delayed or cancelled, covering compensation rules, what to do if you're stuck at the airport, and how to take complaints further.
What the law says about delayed or cancelled flights
The relevant law is The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019. Over the years, court cases have clarified many points that the law leaves unclear.
Airlines must pay compensation if a delay or cancellation is due to something they could have foreseen or anticipated. This includes technical problems, late or delayed flights, scheduling issues, strikes by pilots or cabin crew, overbooking, and insufficient staff.
However, compensation is not due for events outside the airline's control, such as natural disasters, storms, unexpected bad weather, strikes by non-airline staff like baggage handlers or air traffic control, disasters, war, terrorism, pandemics, and problems at the airport or with transport to and from the airport. Recent issues with passport checks abroad are not considered the airline's fault.
How compensation rules work
For a delayed flight, the delay must be more than three hours, counted from the scheduled arrival time, not takeoff. 'Arrival' is when cabin crew open the doors. The issue must be within the airline's control. The flight must depart from the UK or EU or be with an airline based there. Connected flights count if booked as one trip.
Compensation for delays depends on distance: £220 for flights up to 1,500 km, £350 for 1,500-3,500 km, £260 for over 3,500 km with a three-to-four-hour delay, and £520 for over 3,500 km with more than a four-hour delay. For cancellations, compensation ranges from £110 to £520, depending on delay and distance, and the airline must have cancelled within 14 days of departure.
Support while waiting
You are entitled to food and drink vouchers after two hours for short-haul, three for medium-haul, and four for long-haul flights, even if the airline isn't at fault. The airline should cover the cost of calls related to the delay, and if delayed overnight, the cost of a hotel and transport there. Keep all receipts if you have to pay for things yourself.
Taking things further
Airlines must sign up to an Alternative Dispute Resolution (ADR) scheme. If unhappy with a compensation decision, you can take your complaint to the ADR scheme, which is cheaper than court. Find out which ADR scheme applies to your airline.
