Flight Delay Compensation

If there is a delay in getting you to your destination with flights from EU airports and flights to EU airports from outside the EU but on an EU airline you may be able to claim compensation.

You are protected by EU Regulation (EC) No 261/2004 if you are flying from an EU airport or from an airport outside the EU to an EU airport on an EU carrier.

Compensation levels for delayed flights:

Compensation levels for cancelled flights:

You will not be entitled to compensation for cancellation if:

• the airline informed you of the cancellation at least two weeks before departure
• the cancellation was between fourteen and seven days before departure and an offer of re-routing is within specific timescales close to the scheduled departure and arrival times
• you were informed of the cancellation within seven days before departure and re-routing is offered with a new departure time of no more than one hour and a new time of arrival less than two hours from the original flight times

Extraordinary Circumstances

Airlines are not obliged to pay compensation if it can prove that the cancellation was caused by 'extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken'.

Such extraordinary circumstances might occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

Following the Appeal ruling by the High Court for claim Huzar -v- Jet2 made on 11 June 2014 Judges dismissed an appeal made by Jet2.com, the airline, who argued the delay – which was caused by a technical defect – amounted to "extraordinary circumstances".

Technical problems during aircraft maintenance are now not usually "extraordinary circumstances".

Cancellations

If you booked your flight separately from other components of your trip and it is cancelled you are entitled to a number of things under EU Regulation (EC) No 261/2004 so long as you have a confirmed flight reservation and have arrived in good time for the flight. Alternatively you must have been transferred from a flight, for which you held a reservation, to another flight.

'Package' holidays have extra protection that may include transport, accommodation and other services such as car hire. Check the terms and conditions of your contract.

Refund or re-routing

If your flight is cancelled, you are entitled to a full refund of the unused part of your flight ticket and a return flight to the first departure point, at the earliest opportunity. Alternatively, you can be re-routed to your final destination as soon as possible or at a later date when it is more convenient to you (subject to seat availability). Re-routing should give you equivalent transport conditions to the flight you booked. You may also be entitled to compensation. You should be told about any possible alternative transport.

Assistance at the airport

You are protected by EU Regulation (EC) No 261/2004 if you are flying from an EU airport or from an airport outside the EU to an EU airport on an EU carrier.

You must have a confirmed flight reservation and have arrived in good time for the flight or you must have been transferred from a flight, for which you held a reservation, to another flight. In these circumstances, you are entitled to:

• two free phone calls, faxes or emails
• free meals and refreshments appropriate to the delay
• free hotel accommodation and hotel transfers if an overnight stay is required

If you are upgraded to a higher class of flight, the airline cannot charge you any extra. If you are downgraded, the airline must reimburse you on a percentage basis as follows:

Airlines must give priority to persons with reduced mobility and to persons/service dogs who accompany them and also to unaccompanied children.

What if I am stranded and am trying to get home?

Some passengers may wish to make alternative arrangements to get home instead of making arrangements with the airline they originally booked the flight with.

You rights under EU Regulation (EC) No 261/2004 do not require airlines to refund your additional expenditure. Some airlines under 'exceptional circumstances' may reimburse customers but will not pay if they consider the expenditure unreasonable. You should therefore keep receipts for all expenditure.

What if the airline refuses to reimburse my extra expenses?

If a credit card was used to pay for the flight and the total cost was more than £100, then contact your credit card provider. Under the Consumer Credit Act 1974 you can hold the credit card provider equally liable (which means equally to blame) with the airline for a breach of contract or misrepresentation. If your expenses are reasonable and you have your receipts, make an equal claim to your credit card company. If you are dissatisfied with the credit card provider's response you can complain to the Financial Ombudsman Service.

My flights were part of a package - what are my rights?

You will have extra protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 (which incorporate European Directive 90/314/EEC).

A 'package' means a pre-arranged combination of at least two components of travel arrangements (transport, accommodation or some other tourist service) when sold at an inclusive price and when the service covers a period of more than 24 hours or includes overnight accommodation.

If the holiday trader or tour operator cancels your package holiday, you will have several options. You can choose one of the following:

• accept an alternative holiday of a similar or better standard
• accept an alternative holiday of a lower standard and claim back the difference in cost
• cancel the holiday and get your money back

You may also be able to claim compensation if your holiday is cancelled, for example to cover any financial loss you have suffered or disappointment and inconvenience.

You will also be unable to claim compensation if your package holiday has to be cancelled due to unusual and unforeseeable circumstances which were beyond the control of the tour operator and which could not have been avoided.

My flight was outside the EU with a non-EU airline - what can I claim?

Your contract is with the airline. Whether the flight is cancelled, delayed or if there is a denied boarding situation, you may be able to claim compensation. Check the airline's terms and conditions. If you are claiming out of pocket expenses, keep your receipts as evidence.

Claiming for your flight delay or cancellation

Our specialist pre-action^® ADR^® service carries you through the entire process from your letter of claim and pre-court preparation, the court process and where needed post-judgment enforcement.

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