Your Rights When Flying This Summer
Holidaymakers across the UK are wondering whether the ongoing conflict in the Middle East or the new Europe entry and exit system will affect their trips this summer. For anyone who has booked a holiday, it is worth knowing what your rights are if your flight is delayed or cancelled.
The UK Civil Aviation Authority (CAA) has a raft of information for travellers over flight delays and cancellations. It explains what airlines must provide at the airport and whether you may be entitled to compensation. There are also details about what happens if you are denied boarding. You may be entitled to assistance and compensation in certain circumstances. We have outlined the key points below but full details are available here. This comes as ChronicleLive explained how long delays at EU airports may not "stabilise" for two years.
Your Rights if Your Flight is Delayed
The CAA says your airline must look after you while your flight is delayed. This includes providing you with food and drink based on how long your delay is, and accommodation if you are delayed overnight. You may also be entitled to compensation if the delay means you reach your destination airport more than three hours late. If the delay is more than five hours, you can choose not to travel and receive a refund.
You are entitled to care if your flight is delayed beyond its scheduled departure time by at least two hours for flights under 1,500km (such as Glasgow to Amsterdam), at least three hours for flights between 1,500km and 3,500km (such as East Midlands to Marrakesh), and at least four hours for flights over 3,500km (such as London to New York).
You should receive the following from your airline regardless of the reason for the delay: food and drink based on how long your delay is, two phone calls or emails, and accommodation (if your flight is delayed overnight) and transport between the airport and that accommodation.
With food and drink, usually your airline will automatically provide you with a physical or digital voucher you can use to buy food and drink at the airport. If a voucher isn’t provided, speak to a member of your airline’s staff, the CAA advises. With accommodation, if you are delayed overnight, your airline may automatically organise accommodation for you. If so, it will usually inform you by email or at the airport. Your airline may ask you to book accommodation yourself via its website or using a dedicated application. If your airline does not offer any of these options automatically, speak to a member of your airline’s staff. If you live close to the airport, your airline may instead reimburse your costs for getting to and from your home address.
The CAA further states: "If your airline is unable to, or does not, organise care for you, you may make your own arrangements and claim the costs for this back from your airline later. You should ask for an itemised receipt or invoice to show what you purchased, and how much you spent. Make sure you keep these documents safe as your airline will require these to process your expenses claim. Airlines may have guidelines on their website, or in their disruption communications, on what expenses they consider to be reasonable. Airlines are unlikely to consider alcoholic drinks, luxury hotels or luxury meals to be reasonable."
Are You Entitled to Compensation?
The CAA says: "In addition to care, you may be entitled to claim compensation if you arrive more than three hours late at your destination airport." It then adds: "Airlines do not have to pay compensation if they consider the delay to be caused by 'extraordinary circumstances'. If you are entitled to compensation, this will be for a fixed amount and is not linked to the price you paid for your ticket. Compensation amounts are based on the distance of your flight and sometimes the length of your delay."
You should note that compensation is not paid automatically and you will need to claim this directly from your airline in the first instance. Airlines usually have set procedures for claiming and these may differ depending on what you are claiming. For example, you may have to submit one claim for compensation and a separate claim for expenses.
Can You Get a Refund?
According to the guidance, if your flight is delayed by at least five hours, you can choose not to travel and get a refund for the flights you have not yet taken on your booking. You should not choose this option if you still wish to travel.
If Your Flight is Cancelled
Under UK law, airlines must provide you with care and assistance if your flight is cancelled. This means they must provide: a reasonable amount of food and drink (often provided in the form of vouchers), a means for you to communicate (often by refunding the cost of your calls), accommodation if you are re-routed the next day (usually in a nearby hotel), and transport to and from the accommodation (or your home, if you are able to return there). The airline must provide you with these items until it is able to fly you to your destination, no matter how long the delay lasts or what has caused it.
The CAA states: "If your flight is cancelled, many airlines will provide vouchers for you to buy food and drink. If you require accommodation, they may book a hotel and arrange transportation for you. Sometimes airlines are unable to arrange care and assistance for all passengers. This can happen when staff are stretched during major disruptions. If this happens, in our view you have the right to organise reasonable care and assistance yourself, then claim the cost back later. If you end up paying for things yourself, keep every receipt and do not spend more than is reasonable. Airlines are unlikely to refund you for things like luxury hotels or alcohol. Some will provide guidance on reasonable costs. We would expect the airline concerned to respond to a claim for reimbursement in a reasonable time and at the very least provide you with an indication of how long you should expect to wait for a response."
Regarding compensation for cancelled flights, the authority says: "If you received less than 14 days’ notice of the cancellation, you may also be able to claim compensation. This depends on what caused the cancellation – if it wasn’t the airline’s fault, don’t expect to receive any compensation. Disruptions caused by things like extreme weather, airport or air traffic control employee strikes or other ‘extraordinary circumstances’ are not eligible for compensation. If you received seven to 14 days’ notice of the cancellation, you may be able to claim fixed sum compensation based on the timings of the alternative flight. Here are more details."
What Happens if You Are Denied Boarding
The CAA explains on its website why you may be denied boarding. It says: "In instances of denied boarding, the law provides rights where the airline cannot accommodate you due to a lack of space on the aircraft but allows for some circumstances where denied boarding is reasonable. This includes for reasons of health, safety or security, or inadequate travel documentation. So, for example, it is reasonable for an airline to deny boarding if the passenger does not have a valid passport or, where required, the correct paperwork to prove a negative Covid test. Sometimes airlines book more people onto a flight than there are seats on the plane. This is because people don’t always turn up — despite having booked a flight. Airlines may also be unable to carry all passengers for other reasons, such as using a smaller aircraft than planned. This means that occasionally too many people will attempt to check in for a flight. As a result, some passengers may be asked or forced to give up their place on the flight. If this happens to you, it means you have been ‘bumped’ from your flight. It is also called ‘denied boarding’. Often you can volunteer to be bumped, but sometimes airlines will bump you without your agreement."
If you volunteer to be bumped, it’s up to you and your airline to agree compensation. Often, airlines will make an announcement at the gate offering compensation, which might be cash or vouchers. If you volunteer to be bumped, you are also entitled to an alternative flight or a refund. If you are bumped without your agreement, you are entitled to compensation, as long as you checked-in for your flight on time. The level of compensation depends on the length of your flight and the timings of the alternative flight you are offered. Full details can be seen here.
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