Flight Delays You can claim compensation

Plasticky food, Z-list movies and deep vein thrombosis - many things about airlines can really get your goat. But there's one way to get your own back, thanks to European Union regulations which could see £100,000s a year repaid to passengers in the event of flight cancellations or delays.

In this guide

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

Could I get compensation?

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 travelled on an EU airline.

It's also worth checking your travel insurance policy to see how it covers delays and cancellations. If you're eligible, claim through that as it may be quicker than using the legislation. There's more information in our full Travel Insurance guide.

Compensation for cancellations

When a flight is cancelled, however long before it was due to take off, you have a right to...

• EITHER a refund for the flight that was cancelled.
• OR transportation to your destination as soon as possible.

If your journey is cancelled by the airline within 14 days of your journey, you could also get a compensation payout of up to €600. However, this is subject to the crucial exception of extraordinary circumstances.

The amount you could get depends on the distance of the booked flight, and the delay suffered in reaching your final destination. If you take a refund rather than alternative flight, the delay will be based on timings of the alternative flight offered.

Delays

Flights which are subject to late take-off times should also become more bearable thanks to EU regulation - but this isn't 100% confirmed yet.

In November 2009, the European courts decided some delayed passengers should get compensation too, but this was put on hold following an appeal from the airlines. In May 2012, the judge dealing with the case dismissed the appeal, and it's likely that the rules will come into play in the months following this.

If you're affected in the meantime, it's still worth putting a claim in at the time in order to get it logged. But airlines may not pay out until a final ruling has been made in favour of passengers.

The compensation you will be able to claim - if the airlines' appeal is totally dismissed - depends on the flight distance and length of delay. On top of this, airlines must provide passengers with free meals, drinks and two phone calls, emails, or faxes, plus overnight accomodation if needed.

For delays of over five hours, you can also ask for a refund.

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 they don't compensate. 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 when trying to define if a delay is or isn't within the airline's control. Airlines are exempt from paying out compensation if cancellations are due to ‘extraordinary circumstances'. Basically, this covers unpreventable events such as extreme weather conditions, security risks and workers going on strike.

A December 2008 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.