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FEATURE: Flight Delayed or Cancelled - What are your rights?

Fri, 24 May 2019

Air Travel Disruption – What are your rights?

Living on an Island we very much depend on good air and sea links. But often we suffer disruption from a variety of causes, especially the weather.

But what protections are there for passengers disrupted by delays?

In this feature we will focus on air travel and what you are entitled to in terms of support and maybe even compensation.

Air travel around the UK (including the Isle of Man) is governed by the Civil Aviation Authority and they have laid down the rules on what airlines must do for delayed passengers.

The rules are part of EU wide legislation and govern all airlines operating to or from an EU airport and operated by an airline established in the EU.

If the airline is a non-EU airline, (for example American Airlines, Emirates, Singapore, Qantas etc), then the rules do not apply. In this case you should seek to recover any losses via your travel insurance.

When should you receive help?

This depends on the length of your flight.

• Short Haul – flights under 1500km which will include all Isle of Man Domestic UK/Ireland services. You are entitled to help once the delay is over 2 hours.
• Medium-haul – 1,500 to 3,500km (within the EU) the delay must be over 3 hours.
• Long Haul – For flights over 3,500km you are entitled to assistance once the delay is over 4 hours.

But this is assistance at the departure airport and not compensation which is dealt with under a separate provision.

What help should you get?

If you are delayed for several hours, the airline must look after you.

They must provide a reasonable amount of food and drink which is often given to you as vouchers to spend in airport concessions outlets.

Communications – they must provide you with the ability to make up to 2 phone calls or refund the the cost of 2 phone calls if you make them yourself.

If you are delayed overnight, then the airline must provide Accommodation. This will include the cost of transport to the accommodation or to your home if you can return there.

If you are told to book your own transport/accommodation then it is vital you keep all receipts and the CAA state that you should not expect the airline to pay for ‘luxury’ hotels and lavish banquets. Any expenses must be reasonable or you are likely to have your claim refused.

Cancelled Flights

If the airline cancels your flight you are entitled to a full refund.

But most people wish to continue their journey and in this case there are specific rules on what the airline must do.

Still wish to fly?

The airline must get you to your destination and will book you on an alternative flight. They may book you on a different airline or re-route you via a different airport. They may also provide ferry, taxi, bus or rail as part of this re-routing.

But you must be patient as making arrangement for many passengers takes time. The airline may suggest you make your own arrangements and claim the cost back but you should record the name of the person telling you this and ask them to make a note on your booking.

Bumped or denied boarding?

Often you hear of passengers being ‘bumped’ due to over booking. In this case the airline must again offer you an alternative flight as soon as possible or at a time that suits you.

You are also entitled to compensation. If you volunteer to be ‘bumped’ then you must agree the compensation at the time.

No Help? Feel Stranded?

The Airline is fully aware of its responsibilities if their flights are delayed or cancelled. They generally will do their best to help and you must be patient as quite often the disruption is unforeseen and will take time for staff to deal with everyone.

If the airline is refusing to help then you can make your own arrangements and claim the costs back later.

You must keep the costs down when buying food and drink. So no five course meal and champagne! No spa weekend at the local golf resort either as you will be disappointed when they refuse to reimburse you!

The same goes with transport. Book taxis, buses etc, but hiring a limo is also likely to be refused.

You need to keep all your receipts as they will not refund anything without them.

And if you are re-booking yourself, then you should also book the same travel class.

Compensation €€

So the big question everyone asks is what is the compensation?

The compensation depends on the delay and what caused it. It is usually always calculated by the ‘Arrival’ time, not your delay in departing. But not all delays and cancellations will qualify for compensation so don’t automatically get your hopes up!

So if your flight was due to arrive at 11.15am local time and you arrive at 3.15pm, then the delay was 4 hours. The arrival time is when the door opens on the aircraft which they have a legal log of.

Quite often on flights, the pilots can make up some time in the air and if you are on a connecting flight, then the delay is calculated as the arrival time at your final destination.

There have been cases where a long delay at departure has simply shortened the connection time and the passenger actually arrives on time! Sorry but no compo in this case. Although you are still to be provided with assistance during the delay, such as food/drink as outlined earlier in this article.

The rate of compensation can vary and is generally calculated in Euros.

• For under 1,500km a delay of 3 hours or more could provide €250.
• Mid-haul, 1,500 and more within the EU could provide €400.
• If you are traveling long haul, then delays over 3 hours can provide €300 with delays over 4 hours providing a maximum of €600

These rates are per passenger.

Still no joy? The CAA can help.

The Civil Aviation Authority is the UK’s aviation regulator. Part of their role is to ensure that airlines meet their obligations and the CAA can step in to resolve problems.

If you still find you are getting nowhere with the airline, then the CAA can help.

If you’d like to now how to escalate the complaint see www.caa.co.uk/passengercomplaints for more details.

Travel Insurance – Yes or Chance it?

You should also never travel without appropriate travel insurance. If you are left out of pocket because you scrimped on saving a few quid by not having travel insurance, then really you only have yourself to blame. Insurance can be available through your bank, your household insurance and there are many policies available. Some airlines also offer travel insurance at time of booking. Shop around and find the right policy for you or get some advice from a broker to ensure you and your family are fully covered.

Happy Flighting!

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Documents

• CAA Flights - Your Rights