Delayed and cancelled flights - know your rights

On 17 February 2005, EC Regulation 261/2004 came into force, setting out rules relating to flight delays and cancellations. If your flight is cancelled or delayed, or if the airline tries to bump you from your flight, you may be entitled to compensation.

The compensation scheme applies to all charter flights, including those sold as part of a package holiday.  So, just because you have booked a budget or package flight does not mean you cannot claim compensation from the airline.

Cancellations

The basic rule is that, if an airline cancels your flight, you will be entitled to a full refund of your fare.  If, however, the airline does not advise you of the cancellation more than two weeks before you are due to fly, and if they cannot offer you an alternative flight arriving less that four hours after your original flight (for cancellations between seven and 13 days before your departure date) or two hours (for cancellations on less than seven days’ notice), you will also be entitled to receive compensation:
 
• Flights under 1500 km - EUR 250 (£175)
• Flights over 1500 km in the EU - EUR 400 (£280)
• Flights going outside the EU of between 1500 km and 3500 km - also EUR 400.
• For all other flights - EUR 600 (£420)

All currency conversions are as at the date of this article and will change with the exchange rate.

It is important to note that the right to compensation only arises if the airline is responsible for cancelling the flight.  So if, for example, bad weather, terrorist action or a strike by air traffic control prevents the plane taking off, you will not be entitled to compensation.

Some airlines may try to give you vouchers for the value of your cancelled flight.  You do not have to accept vouchers and are entitled to demand cash reimbursement.

Delays

There is no statutory compensation for delays to flights, but from February 2005  the carrier cannot simply leave you sitting in the airport without looking after you.  The regulations set out a timetable for delays and, depending on the distance you are due to fly, and the length of the delay, you may be entitled to meals or hotel accommodation.

The requirements are as follows:

A - You will be entitled to free food, drink, phone calls and emails if:
• you are either flying up to 1,500 km and your flight is delayed by two hours or more
• you are flying more than 1,500 km within the EU and your flight is delayed by three hours or more
• you are flying between 1,500 km and 3,500 km to/from a destination outside the EU and your flight is delayed by three hours or more
• you are flying over 3,500 km and your flight is delayed by four hours or more.

B - If your flight is delayed overnight, you will be entitled to free hotel accommodation and free transport to and from the hotel.

C - You will be entitled to a full refund on your flight if it is delayed by five hours or more and you decide not to fly.

But what happens if your flight is in two stages and only the second stage of your journey is cancelled or delayed.  Ordinarily, you are only entitled to a refund of the unused part of your ticket.  If, however, the cancellation or delay disrupts a connecting journey, you can demand that the airline returns you to your original destination at its own cost and refunds the full amount of your fare, if you can prove that the original purpose of your trip has been defeated by the delay.  So, for example, if you are flying to Australia for a wedding, and you land at Bahrain but your onward flight is sufficiently delayed that you will miss the wedding, you can demand that the carrier returns you to the UK and reimburses your fare in full.  This rule only applies if you claim a refund of the ‘flown’ section of your trip at the same time as the ‘unflown’ section - so always bear this in mind when claiming a refund.

Finally, if you are travelling from a non-EU country with an EU carrier, and if that country has no compensation scheme in place, your cancelled or delayed flight will be covered by the EU regulations.  The carrier cannot argue that because your flight took off from a country in which the regulations do not apply, you cannot claim compensation - so long as the plane either takes off or lands in an EU country, the regulations will apply.

Happy holidays!

Gavin Reese is a partner in leading insurance law firm, Reynolds Porter Chamberlain.
gavin.reese@rpc.co.uk

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