AdviceCentre™ Article

Know your rights when your flight is delayed or cancelled

It can be difficult to work out what you are entitled to if your flight is delayed or cancelled. We have tried to gather some information to help you know what you should be demanding from your airline.

What you can expect will depend on whether your flights is covered by EU regulation.

Circumstances covered by EU regulation:

1.Your flight departs from an EU country

2.Your flight is from a non-EU country to an EU country AND on an EU-registered airline

Circumstances NOT covered by EU regulation:

1.Your flight departs and arrives in non-EU countries

2.Your flight is from a non-EU country to an EU country, but NOT on an EU-registered airline

DELAYS

1. If your flight is covered by EU regulation (see above), then you are not entitled to compensation, but you are entitled to the following assistance. NB. The airline must provide the assistance regardless of whether the delay has been caused by something outside their control:

a. Journey less than 1500km and more than 2 hours delayed: meals, refreshments & 2 free telephone calls, emails, telexes or faxes

b. Journey between 1500km and 3500km and more than 3 hours delayed: meals, refreshments &2 free telephone calls, emails, telexes or faxes

c. Journey over 3500km and more than 4 hours delayed: meals, refreshments & 2 free telephone calls, emails, telexes or faxes

d. All flights more than 5 hours delayed (not overnight): meals, refreshments, 2 free telephone calls, emails, telexes or faxes & the right to a refund for unused parts of the ticket if you decide not travel. NB. If you decide not to travel you must claim your refund within seven days. If you are part way through a connecting flight and do not want to continue with the next leg because it no longer gets you where you want to go, you are entitled to reimbursement of the total price of the ticket and a free flight back to your point of departure.

e. All flights more than 5 hours delayed (overnight): as above and also hotel accommodation and transfers

2. If your flight is not covered by EU regulation (see above), how much assistance you get will depend on the policy of the individual airline and other regulatory frameworks. Most will provide refreshments or accommodation for long delays and may transfer you onto another flight.

3. The Montreal Convention: Whilst you are automatically entitled to compensation for a delay, you may be able to get damages caused by the delay under the Montreal Convention, which sets out an airline's liability in a delay to an International flight: “Article 19: The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.” Even if you think you have a case, you are only likely to recover expenses. Airlines rarely accept liability for things like inconvenience or stress. And there are maximum limits to the compensation you can claim - in 2007 it was £3,205. You must also ensure your claim is settled within 2 years. The UK's Air Transport Users Council gives some more guidance: Montreal Convention and Flight Disruptions.

CANCELLATIONS

1. If your flight is covered by EU regulation (see above) and:

Your flight was cancelled on the day or up to 7 days before you were due to depart and the new flight they have offered leaves more than 1 hour before the original departure time and arrives more than 2 hours after the original arrival time.

Or

Your flight was cancelled between to 7 and 14 days before you were due to depart and the new flight they have offered leaves more than 2 hours before the original departure time and arrives more than 4 hours after the original arrival time.

Then you should get ALL the following:

a. Refund or Re-routing

If you decide not to travel, you should get a refund for the parts of the ticket you have not used (NB. You must apply for the refund within 7 days). If you are part way through a connecting flight and do not want to continue with the next leg because it no longer gets you where you want to go, you are entitled to reimbursement of the total price of the ticket and a free flight back to your point of departure.

If you still want to travel, the airline must give you the choice between travelling on an alternative route or travelling on a later date. If you decide on the first option, the airline must get you to the airport you were booked to travel to, even if it means a road transfer, unless you decide the alternative is more convenient.

b. Compensation

Compensation will depend on the length of flight and delay in getting to your destination:

Up to 1500km and up to 2 hours delay: 125 Euros

Up to 1500km and more than 2 hours delay: 250 Euros

1500km-3500km and up to 3 hours delay: 200 Euros

1500km-3500km and more than 3 hours delay: 400 Euros

More than 3500km and up to 4 hours delay: 300 Euros

More than 3500km and more than 4 hours delay: 600 Euros

NB. The airline does not have to pay compensation if they can show that the cancellation was caused by “extraordinary circumstances which could not have been avoided even if all reasonable measure had been taken.” Some airlines use “extraordinary circumstances” to wriggle out of compensation. Examples of genuine “extraordinary circumstances” include political instability, weather events, natural disasters, security operations or risks and strikes. Despite some airlines claiming the contrary, technical faults should not usually count as “extraordinary circumstances.”

c. Assistance at the airport:

Meals and refreshments in reasonable relation to the amount of time you are delayed

2 free telephone calls, emails, telexes or faxes

Overnight hotel accommodation and transfers

2. If your flight is covered by EU regulation (see above) and:

Your flight was cancelled more than 14 days before you were due to depart

Or

Your flight was cancelled less than than 7 days before you were due to depart and the new flight they have offered leaves less than 1 hour before the original departure time and arrives less than 2 hours after the original arrival time.

Or

Your flight was cancelled between to 7 and 14 days before you were due to depart and the new flight they have offered leaves less than 2 hours before the original departure time and arrives less than 4 hours after the original arrival time.

Then you should get EITHER:

a. A refund

If you decide not to travel you are entitled to a refund for the parts of the ticket you have not used, but you must apply for the refund within 7 days. NB. If you are part way through a journey and the cancellation means the flight no longer serves a purpose for your original travel plan, you are entitled to reimbursement of the total price of the ticket and a free flight back to your point of departure.

OR

b. Re-routing

If you still want to travel, the airline must give you the choice between travelling on an alternative route or travelling on a later date. If you decide on the first option, the airline must get you to the airport you were booked to travel to, even if it means a road transfer, unless you decide the alternative is more convenient.

3. If your flight is NOT covered by EU regulation (see above):

If an airline cancels a flight, then, according to their contract, they must provide alternative transport (which doesn't have to be by air) or a refund. If your airline is following the International Air Transport Association's “Recommended Practice on General Conditions of Carriage," then they should give you the choice of a later flight, an agreed alternative mode of transport or a refund. Most airlines say they follow these IATA's guidelines, so if they don't give you a choice of options, challenge them.

DENIED BOARDING BECAUSE OF OVERBOOKING

Airlines often overbook flights because people don't turn up. Sometimes this leads to too many people for the seats available and you may not get on the flight you booked. Usually the airline will ask for 'volunteers' to travel on another flight and in return, will offer incentives such as cash or vouchers. In this case the 'volunteer' is entitled to the incentive plus a refund or re-routing (see paragraph 2 of cancellation section for detail).

If the airline does not get enough 'volunteers,' then you may be told there is no room for you on the plane. If this happens, you are entitled to a refund or re-routing, compensation and assistance (see paragraph 1 of cancellation section for detail).

SOURCES AND FURTHER INFORMATION

The Air Transport Users Council has the most information in its Air Travel Advice section. You can also contact them for further advice.

The Civil Aviation Authority has less detailed information and a link to a useful leaflet called 'Denied Boarding, Cancellation and Delay: Passenger Rights.'

The UK European Consumer Centre also has information and can be contacted for further advice.

If you need to make a claim for a refund or compensation, take a look at our series of suggested template letters:

Airline template letter to claim delayed flight refund (EU)

Airline template letter to claim flight cancellation refund and/or compensation (EU)

Airline template letter to claim 'denied boarding' refund and/or compensation (EU)

Click here for addresses of where to send your letters for some of the UK's more popular airlines.

If you are struggling to resolve a problem with an airline, take a look at Plebble's Guide to 'How to Complain about your airline'

If you have a baggage problem, take a look at Plebble's Guide to Airline Baggage Problems

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Posted by Plebble Admin at 18:46 on 18-Feb-2009