Flight delays & cancellations

Flight delays and cancellations affect thousands of people every year. Some delays are unavoidable or unpredictable, like the Icelandic volcano ash cloud that grounded flights years ago or the airport staff strikes that have hit European airports in the past. The good news is that there are laws protecting your rights if the fault is with the airline – and if the delays are significant. This could mean you’re entitled to compensation. Even if you’re not automatically entitled to a full or partial refund, you still have the right to make a complaint if you’re unhappy.

 

---

 

---

 

Flight delay compensation can be between 250 to 600 euros depending on the flight distance and delay length. The length of your flight delay is counted from when the doors are opened on the plane and not when it lands (as some airlines may claim).

  Flight Delay Compensation

Flight distance	Delay length	Entitlement
Up to 1,500km	3 hours +	€250
Any flight within the EU over 1,500km or any other flight between 1,500km and 3,500km	3+ hours	€400
More than 3,500km	3 to 4 hours	€300
More than 3,500km	4 hours +	€600

Check the distance of your original flight here

The five-hour refund rule

Once your short-haul flight (less than 932 miles) has been delayed for more than five hours, you are entitled to a refund if you no longer wish to travel.

You will also receive a refund for any unused parts of your booking (for instance, the return flight), and a flight back to your departure airport if you’ve already completed part of your journey.

 

---

 

If you've bought the tickets as part of the same booking, yes!

As long as you are either departing from or flying to an EU territory (on an EU operated airline if flying to the EU) with a stopover in a non-EU territory, you can get compensation for any delays that might occur – even if they happen on part of the journey that's outside the EU!

---

2- Alternative flight

If you still want to travel despite the cancellation, your airline must find you an alternative flight. It’s up to you when to fly - either as soon as possible, or at a later date that suits you. Airlines often refer to an alternative flight as a ‘rerouted’ flight.

Generally, airlines will book you onto another of their flights to the same destination, however if a different airline is flying there significantly sooner (and you’ve opted to go ASAP) then you may have the right to be booked onto that flight instead. This can be discussed with your airline, should the situation arise.

Can I book my own replacement flight if my flight is cancelled?

Generally speaking, airlines should try and organise a replacement flight for you within two days (the Civil Aviation Authority has previously spoken out against airlines who have taken longer than this.

If they take longer, it's perfectly fine to book your own replacement flight – as long as it's "equivalent" to the cancelled one. No upgrading to First Class.

 

---

 

Generally speaking, the airline should pay out for a cancelled flight. They're the first party you should contact – but that's not to say your travel insurance provider doesn't also have a responsibility here.

If you've made an effort to get in touch with your airline and they're still not coughing up, you should contact your travel insurance. They should pay out if the airline are being unfair – and shouldn't try to call the airline's bluff by also refusing to pay out.

 

---

 

Can I claim compensation?

Your travel insurance may protect you against natural disasters. You should, however, double check your policy to make sure – some insurers have incorporated "volcano exclusions" into their policies after the 2010 eruption in Iceland.

Is the airline obliged to rearrange my flight?

Airlines will normally work together to get you home when there's a natural disaster. If your outbound flight has been cancelled, however, the airline is not obliged to rearrange it.

 

---

 

The ruling means all airlines are now responsible for directly contacting passengers and must prove that contact was made more than 14 days prior to the original departure. If this is not the case, airlines are responsible for paying compensation.

However, bear in mind that ‘extraordinary circumstances’ still apply and if the cause of the cancellation falls under this category then the airline is not liable to pay compensation (however they are obliged to give you a refund or alternative flight, regardless of the reason for the cancellation).

Can I claim on behalf of a friend or family member on the same flight as me?

This will most likely be fine, as long as they've given you permission. Be aware that many airlines will pay out compensation to the name on the ticket, so you may need that person to give the airline written notice if you want compensation to be paid out differently.

 

---

 

 

---

 

There have been a number of court rulings which have affected what is deemed an extraordinary circumstance.

Extraordinary circumstances can lead to more than one cancellation or delay at the final destination.

Examples of extraordinary circumstances include:

• Air traffic management decisions
• Political instability
• Adverse weather conditions
• Security risks
• Strike action

Situations which are not considered as extraordinary circumstances include:

• Most technical problems which come to light during aircraft maintenance or are caused by failure to maintain an aircraft
• Collision of mobile boarding stairs with an aircraft

My flight was cancelled because of the Gatwick drone incident. What are my rights?

In December 2018, passengers on flights from Gatwick were affected by an incident involving drones which grounded all flights.

In situations like this, extraordinary circumstances apply since the incident was out of the airline's control. This means that you are not due compensation under EU 261/2004. You can, however, expect to be given an alternative flight or a refund for the cancelled flight.

 

---

 

If you’re wondering where you stand if your flight is delayed or cancelled because of strikes, look no further.

Your right to compensation for flight delays and cancellations depends on the type of the strike.

If the strike is caused by staff directly in an airline's employment, you should be able to get compensation. This includes pilots and air cabin crew. The amount you’ll get will be the same as you’d normally get for a delay or cancellation (see below).

If an air traffic control strike has caused the delay/cancellation, you won’t be covered and won’t get any compensation. This is because the strike is technically out of the airline's control. Regardless, you should expect the airline to rearrange your flight.

Lot of airlines blame air traffic control for strikes, but they need to prove it if they don’t offer compensation – if there’s enough notice that you could expect the airline to come up with alternative plans, we feel you should be able to be covered.

Missed a flight from a UK airport? Claim back Air Passenger Duty

If you have booked a flight from a UK airport and end up not being able to fly – for whatever reason – you may be able to claim back certain taxes for that flight.

Airlines normally take these taxes (known collectively as Air Passenger Duty) from you before you fly – but they only have to pay them to the Government if you actually do fly.

If you end up missing your flight or face a cancellation, you can claim back the Air Passenger Duty that you paid (although this is at the airline’s discretion and they may charge an administrative fee).

The amount you pay in Air Passenger Duty varies according to distance and flight

For flights under 2000 miles, you'll pay £13, £26 or £78, depending on whether you're flying economy, standard or premium (for example – this depends on the class you're flying in)

For flights over 2000 miles, you'll either pay £78, £156 or £468 – depending on the class you fly in.

It's always worth checking whether you can claim back this tax.

 

---

If your flight is delayed by two hours or more due to a delay or cancellation, you are automatically entitled to support from the airline while you’re at the airport.

Whether you’re entitled to this depends on what distance you’re due to be flying. Essentially if you were flying short haul (less than 932 miles) your flight must be at least two hours delayed for you to be eligible for care and assistance. For medium haul (between 932 and 2,175 miles), the flight needs to be three hours delayed. And for long haul (anything over 2,175 miles), the flight needs to be delayed by at least four hours.

For overnight delays, the airline must provide hotel accommodation and transport to reach it - or to return home. When there’s a major disruption, airline staff may not be able to assist in booking hotels. In such cases, you can make your own arrangements and claim the cost back.

If you had to book accommodation make sure that it is not classified as luxury and also that it is at a reasonable distance to the airport. Otherwise, the airline might refuse to pay or reimburse you for it.

---

If the airline refuses to deal with your complaint, you have three options:

Go to the designated regulator:

If your airline rejects your complaint, Resolver permits you to raise the issue with an appropriate body.  

Where an airline is signed up with an ombudsman type body, for example CEDR or AviationADR, your complaint should be directed to this body. 

Otherwise, for flights departing the UK or arriving in the UK on an EU airline from a country outside the EU, your complaint should be escalated to the UK’s Civil Aviation Authority.  

For all other flights, your complaint should go to the appropriate regulator depending on the country of departure.

Small claims court:

Another option is to take the airline to court. You can do this through the Small Claims Court using the Government online court called Money Claims OnLine.

Claims management company:

These will take between 15% and 30% of your compensation to cover their costs and will manage your case for you. They may not take your case, however, as they tend to focus on low-effort cases.

Our recommendation is to try to claim yourself, to begin with - either directly or through Resolver - before you use a claims management company.

---

Denied boarding a flight

Airlines generally deny boarding a flight due to overbooking. Sometimes they change the aircraft to a smaller size. There could be many other reasons why an airline might deny boarding a flight.

Why do airlines overbook?

So that if some passengers cancel or fail to show up, they can give that seat to somebody else. This way they can ensure to compensate for the loss.

Alternative transport, accommodation, meals and transfers

If a flight is overbooked, the airline will offer various incentives for passengers to give up their seats. Until a volunteer comes forward they will increase the incentives on offer. That starts with a refund or alternative flight and extra cash, hotel stay, upgrade to pricier options like business class seats etc.

If no volunteer decides to give up the seat, airlines will randomly select and remove the passengers from the flight. However, in order to do that they have to offer an immediate compensation which is similar to a compensation for flight cancellation.

Being forcibly removed from a flight is not a pleasant experience. If the airline asks you to leave the plane and it causes you a major inconvenience or problem (missing someone's funeral, doctor's appointment, wedding etc) you might want to point this out. In some cases they will look for another person to leave the plane instead.

Booking/reservation issues

Booking & reservation issues should be raised with the airline as soon as possible. The earlier you do that the higher chance you have of getting it sorted. In some cases like administrative errors, you can get it rectified free of charge.

However, if you wish to alter your booking, you can expect there to be some form of administration charge. Always check the terms and conditions of your original booking carefully as this may affect what you are entitled to.

You can use our flight compensation tool to submit a claim if you are not happy with how the airline dealt with the issue.

Baggage issues

Another common problem with flights is baggage issues. Baggages can sometimes get damaged, lost, stolen or delayed. Try to speak to a member of staff while in the airport, if this happens to you. If you wish to submit a complaint you can use our tool. Type in the name of the airline you booked your flight with in our flight compensation tool. Follow a few simple steps to submit your baggage complaint.

 

---

My flight has been cancelled. How can I get where I need to be?

You are entitled under EU rules to “rerouting, under comparable transport conditions, to your final destination at the earliest opportunity”. Unfortunately what exactly “the earliest opportunity” means has not been properly tested and defined in court.

Many passengers are being told they may need to wait several days before they can be flown to their destination. But the Civil Aviation Authority (CAA) tells me airlines are obliged to book you on a rival airline “where there is a significant difference in the time that a reroute can be offered on the airline’s own services”. The CAA does not define “significant”; easyJet, Britain’s biggest budget airline, insists that if it can get you to your destination within 48 hours then it will not allow a switch to another airline.

We believe that it would be difficult for any airline to argue that making you wait more than two days isn’t a “significant difference”. So if Ryanair refuses to book you on, for example, British Airways or easyJet, you could buy a new ticket and then seek to recoup the cost from the Irish airline. But we must stress there is no absolute guarantee you will be able to get your money back.

Do you have to be an EU citizen?

No, the regulation covers all those flying, although we have heard that British Airways is trying to claim the regulations do not cover non-EU citizens.

Which airlines are covered?

• All EU airlines
• For non-EU airlines, only flights leaving or arriving in the European Union that are over 3,500Km are covered by the regulations.

Can I claim for everyone in the same booking?

Yes you can. As long as they are all in the same booking, you can claim for everyone. Make sure to enter number of people you are claiming for and also list their names in our claims tool.

Can I claim for technical faults?

Until recently, airlines have always successfully argued that technical faults or maintenance issues were exceptional circumstances. They were therefore outside of the control of the airline and - crucially - passengers would be unable to get any recompense for the delay. However, the Court of Appeal held up a verdict against budget flight operator Jet2 in October 2014 over a claim for a delayed flight caused by a technical fault with the aircraft. So now, if you claim for a flight delayed by more than three hours, the airline cannot use maintenance issues or technical faults as an excuse not to pay up.

Can I claim for a delayed incoming plane or late flight crew?

This is within the airline's control and therefore you should be entitled to compensation. If the issue was caused by an issue outside of their control, provided the airline has done everything in their power to try and provide a plane, then they can argue that the delay is not their fault. As a result, these cases will be looked at by the airline on a case-by-case basis.

Can I claim for diverted flights?

If the diversion was outside of the operator's control, you cannot claim compensation.

Can I claim for bad weather?

This is outside of the airline's control and you cannot claim compensation.

Can I claim for air traffic control delays?

This is outside of the airline's control and you, therefore, cannot claim compensation.

Stay clear of claims management companies

Submitting a flight delay & cancellation compensation claim is very straight forward. Our tool will do the same work as these companies claim to do and best thing is our tool does it for free. Claims management companies will charge you some % of the compensation. Although most of them claim to do it on no win no fee basis, what is the point in paying them when you can do it in a few minutes using our tool? Answer should be clear.

What if the issue is not addressed

Resolver will remind you when you can escalate your case file and knows who to escalate your case to within the airline.

What if the airline says no?

You have three options:

1- Designated Body

If your airline rejects your complaint, Resolver permits you to raise the issue with an appropriate body.  

Where an airline is signed up with an ombudsman type body, for example CEDR or AviationADR, your complaint should be directed to this body. 

Otherwise, for flights departing the UK or arriving in the UK on an EU airline from a country outside the EU, your complaint should be escalated to the UK’s Civil Aviation Authority.  

For all other flights, your complaint should go to the appropriate regulator depending on the country of departure.

2- Small Claims Court

The second is to take the airline to court, which you can do through the Small Claims Court using the Government online court called Money Claims OnLine or using a claims management company to submit your case. You can export your Resolver case file and send the PDF copy to the Court as evidence.

3- Claims management company

These will take between 15% and 30% of your compensation to cover their costs and will manage your case for you. They may not take your case, however, as they tend to focus on low-effort cases. Our recommendation is to try to claim yourself, to begin with - either directly or through Resolver - before you use a claims management company.

The Supreme Court said that thousands of passengers are due payouts of up to £529 from Emirates for flight delays, declaring that Emirates can’t appeal flight delay compensation ruling.

The ruling applies to passengers whose outbound flight from the UK arrived at its destination less than three hours late, but late enough to cause them to miss a connecting flight.

This could cost Emirates millions of pounds as the Civil Aviation Authority (CAA) will require the airline to stick to the rules – and to pay out retrospectively to passengers affected.

CAA Chief Executive Andrew Haines said: “Emirates’ priority should be looking after its passengers, not finding ways in which they can prevent passengers accessing their rights.

“They have failed in their attempts to overturn the Court of Appeal Judgement, which now means that millions of pounds worth of compensation is due to its customers. It is time for Emirates to pay what is owed.”