Flight delays and cancellations: What you need to know
Flight disruption can quickly turn travel plans upside down, but passengers may be entitled to compensation, refunds and other support depending on the circumstances. Thomas Eastment, Senior Legal Adviser at ARAG Law, takes a look.
A practical guide to your rights when flights are delayed or cancelled
Flight delays and cancellations are an unwelcome reality for many travellers, but severe weather is becoming an increasingly common cause of disruption. From wildfires creating hazardous smoke conditions and forcing airport closures, to flooding, storms and extreme heat affecting airports and flight operations, changing climate patterns are contributing to greater uncertainty for air passengers.
These events can cause widespread delays and cancellations, disrupting holidays, business trips and family plans. However, despite the inconvenience, passengers may still have rights to assistance, refunds or compensation depending on the cause of the disruption and the circumstances of their journey.
Thomas Eastment, Senior Legal Adviser, at ARAG Law takes a look.
Can I claim compensation if my flight is delayed?
There is legislation which entitles you to reimbursement. Under the EU Denied Boarding Regulations – or Flight Compensation Regulation (EC No 261/2004) which has become part of UK Law – you are entitled to free food and phone calls at the airport as well as compensation in certain circumstances, if:
- You were travelling with an airline based in the UK/EU or flying with a non-EU airline from an airport in the UK/EU.
- You had a confirmed booking and checked in on time (or 45 minutes before departure if no check-in time was specified).
If your flight is delayed for five hours or more but is not cancelled, you can also choose not to travel and instead receive a full refund for your ticket.
How do I know if I am eligible to claim compensation?
Airlines are not required to pay compensation if the delay was caused by extraordinary circumstances, in other words events beyond their control.
Situations which are likely to be deemed outside the airline’s control are:
- Weather problems, such as the volcanic ash cloud emanating from Iceland in 2010;
- Security risks and pollical unrest in the destination country;
- Industrial action, e.g. strikes by airline staff;
- Technical problems caused by the plane manufacturer.
Am I entitled to non-monetary compensation, such as free food?
You are entitled to free food and phone calls as well as overnight accommodation if appropriate, on the condition these expenses are reasonable and that the flight is delayed for sufficient time to qualify, as shown in the table below:
|
Type of flight |
Minimum delay |
|---|---|
|
Under 932 miles |
2 hours |
|
Flight within the EU more than 932 miles |
3 hours |
|
Flight not within the EU, between 932 miles and 2,174 miles |
3 hours |
|
Any other flight |
4 hours |
If you had to pay for food, phone calls or accommodation yourself, you are entitled to reimbursement from the airline but remember to keep all your receipts as proof.
How much compensation am I entitled to?
On a single‑ticket journey, missing a connection due to a delay or cancellation may entitle you to compensation if you reach your final destination at least three hours late.
If you booked the flights independently, compensation applies only to the delayed flight and not the entire trip.
The table below shows the amount of compensation you would be entitled to if there were no extraordinary circumstances.
|
Distance of flight |
Length of delay in arriving |
Compensation entitlement |
|---|---|---|
|
Under 932 miles |
More than 3 hours |
£220 |
|
Over 932 miles (within EU) or between 932 miles and 2,174 miles (between EU and non-EU airport) |
More than 3 hours |
£350 |
|
Over 2,174 miles (between an EU and non-EU airport) |
Between 3 and 4 hours |
£260 |
|
Over 2,174 miles (between an EU and non-EU airport) |
More than 4 hours |
£520 |
How can I make a claim?
To claim compensation if your flight meets the eligibility criteria, you should complain to the flight operator (not the company you booked the flight through if this is different).
Write a letter referencing The Denied Boarding Regulation (Regulation 261/2004 EC), stating that you believe you are entitled to compensation. Include all the flight details, a copy of the ticket(s) and personal details of all the passengers you are claiming for, including name, address and contact number.
I have contacted the airline but am unhappy with their response. What are my options?
When an airline rejects a complaint, it must tell you whether it is a member of an approved Alternative Dispute Resolution (ADR) scheme. Membership is voluntary, but many airlines choose to join. ADR bodies can issue decisions that are binding on the airline.
If you have made a written complaint and are either dissatisfied with the response or have not heard back within 8 weeks, the Civil Aviation Authority’s Passenger Advice and Complaints Team (PACT) may be able to assist. PACT will generally only consider complaints where the airline is not part of an approved ADR scheme. Unlike ADR bodies, PACT cannot impose a binding decision on the airline.
If your complaint remains unresolved, you may take the matter to court. This is only possible if the flight took place within the last six years. You should seek legal advice before pursuing this option.
What happens if my flight is cancelled? Can I claim compensation?
If your flight is cancelled within seven days before departure or if you were rerouted to your destination, then entitlement to claim compensation may be available. For UK passengers, the amounts are detailed below.
|
Flight distance |
Arrival and departure times of replacement flight |
Compensation amount |
|---|---|---|
|
Under 932 miles |
If the departure of the replacement flight is at least 1 hour earlier than the booked flight and arrival is up to 2 hours later |
£110 |
|
Under 932 miles |
If the arrival of replacement flight is over 2 hours |
£220 |
|
Between 932 and 2,174 miles |
If the departure of the replacement flight is at least 1 hour earlier than the booked flight and arrival is up to 3 hours later |
£175 |
|
Between 932 and 2,174 miles |
If the arrival of replacement flight is over 3 hours |
£350 |
|
Over 2,174 miles |
If the departure of the replacement flight is at least 1 hour earlier than the booked flight and arrival is up to 4 hours later |
£260 |
|
Over 2,174 miles |
If the arrival of replacement flight is over 4 hours |
£520 |
If your flight is cancelled between 7-14 days before departure or if you were rerouted to your destination, then entitlement to claim compensation may be available. For UK passengers, the amounts are detailed below.
|
Flight distance |
Arrival and departure times of replacement flight |
Compensation amount |
|---|---|---|
|
Under 932 miles |
If the departure of the replacement flight is up to 2 hours earlier than the booked flight and arrival is up to 2 hours later |
£110 |
|
Under 932 miles |
If the replacement flight is over 2 hours earlier than the booked flight and the arrival of the replacement flight is over 2 hours |
£220 |
|
Under 932 miles |
If the arrival of the replacement flight is over 4 hours |
£220 |
|
Between 932 and 2,174 miles |
If the departure of the replacement flight is up to 2 hours earlier than the booked flight and arrival is up to 3 hours later |
£175 |
|
Between 932 and 2,174 miles |
If the replacement flight is over 2 hours earlier than the booked flight and the arrival of replacement flight is over 3 hours |
£350 |
|
Between 932 and 2,174 miles |
If the arrival of the replacement flight is over 4 hours |
£350 |
|
Over 2,174 miles |
If the departure of the replacement flight is up to 2 hours earlier than the booked flight and arrival is up to 4 hours later |
£260 |
|
Over 2,174 miles |
If the arrival of replacement flight is over 4 hours |
£520 |
What if I miss my flight because of delays at passport control or security?
If you miss your flight because of long queues at security or passport control, you generally aren’t entitled to compensation, as these delays are the responsibility of the airport or border authorities, not the airline.
You should contact the airline immediately to ask about rebooking, but you may need to pay a fee or buy a new ticket unless the airline offers help as a goodwill gesture.
Compensation from the airline is unlikely, but you may be able to claim costs through travel insurance if your policy covers missed departures. Keep receipts and proof that you arrived at the airport on time.
Act quickly, speak to the airline as soon as possible and check your travel insurance for cover.
Disclaimer: all information in this article was correct at time of publishing.
