Flight Delays You can claim Compensation

Plasticky food, Z-List Movies and DVT; there are many things about airlines which can really get your goat. But there's at least one way to get our own back thanks to the European Union regulation which could see thousands of pounds a year being paid back to disgruntled passengers in the event of flight cancellations or delays.

• How does it work?
• Cancellations
• Delays
• How do you get it?
• Discuss/Other Articles

Been around the world?

How does it work?

In a nutshell, if you don't fly on the flight you booked, at the time you booked it for, you've a shot at compensation and assistance. However, the most important factor is whether it's the airline's fault; if it can be put down to 'extraordinary circumstances', the airline's exempt from paying out (see below).

The legislation applies to all flights which have an EU airport as the departure point or those with an EU airport as the final destination if you've travelled on an EU airline.

It's also worth checking the details of any travel insurance policy you have, to see how it covers delays and cancellations. If you are eligible to claim though that it may be quicker than using the legislation - read full Travel Insurance guide.

Cancellations

When a flight is cancelled you have the right to either a refund or transportation to your destination as soon as possible.

Any overbookings or cancellations by airlines within 14 days of your journey, subject to a crucial exception, will also require a payout of up to €600, depending on the length of time your flight was cancelled before you were due to fly, the distance of the booked flight and the delay suffered in reaching your final destination (if you choose to take a refund this will be the delay from the alternative flight offered).

Delays

Flights which are subject to late take-off times should also become more bearable thanks to the regulation. Also in Nov 2009 the European courts decided some passengers can get compensation too; although this decision has since been put on hold (possibly for a couple of years) while it is appealed, if you're affected it's still worth putting a claim in now.

Depending on the flight distance and length of delay airlines must provide passengers with: free meals, drinks and two phone calls, emails, telexes or faxes; and/or compensation up to €600.

Any postponements of longer than 5 hours will also make passengers eligible for a refund of the ticket (if they decide not to travel), and if it continues into the night, hotel rooms, and transfer to it, must also be provided for poor weary customers.

So how do you get it?

In the event of either a cancellation or flight delay, the first thing you must do is contact the airline directly, and make it known that you'll be claiming the compensation. If the flight operator doesn't resolve the matter, you should then contact the Civil Aviation Authority.

What's the catch?

If you have a legitimate claim, there isn't a catch; airlines that don't pay up will be hit with hefty £5,000 fines for every single passenger that they haven't compensated. However, the claim must be pursued through the authorities within the country of departure, meaning you may have to communicate with foreign agencies to get your hands on the cash.

The only possible stumbling block occurs within the confusing definition of the kind of delays that are or aren't within the airline's control. Airlines are exempt from paying out compensation if cancellations are due to ‘extraordinary circumstances'. Basically this covers unpreventable occurrences such as extreme weather conditions, security risks and worker strikes.

A Dec '08 test case went some way to making the law clearer by ruling that technical faults, unless they stem from 'events which, by their nature or origin, are not inherent in the normal exercise of the air carrier', DO NOT count as examples of extraordinary circumstances. In the past, airlines have routinely cited them as such to excuse themselves from paying out, so this is great news for consumers.

How do I put it into practice?

These are rights, and legitimate expectations. Regardless of interpretation, being aware of your rights gives you power. This legislation is officially called “EU Regulation 261/2004”. Remember this name, you may well need it. Even if it doesn't always apply, knowing it and bandying it about is power.

For more details, see the Civil Aviation Authority's information on passenger rights.