What compensation are passengers entitled to if their flight is delayed or cancelled?

The recent announcement of a fresh wave of strikes by security officers at Heathrow, the UK’s busiest airport, will see around 2,000 officers, who are members of the Unite union, walk out for 31 days between 24 June and 27 August. 

The strikes are likely to mean that thousands of passengers will face long delays and flight cancellations during the peak holiday season.  So what can passengers do if their flight is delayed or cancelled? Are they eligible for compensation and under which circumstances can they make a claim?

Anthony Di Palma, Solicitor at DAS Law, provides the key information every traveller should know.

Can I claim compensation if my flight is being 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.

If you’re travelling with a non-UK/EU based airline flying from a non-EU destination, the airline doesn’t have the same duty to look after you. Please check the airline’s Conditions of Carriage to see what you may be are entitled to.

How do I know if I am eligible to claim compensation?

When it comes to compensation, airlines have one get-out – extraordinary circumstances. That is, if the delay was caused by something beyond their control, the airline is not obliged to pay compensation.

Situations which are likely to be deemed out of the airline’s control are:

• Weather problems such as the volcanic ash cloud emanating from Iceland in 2010
• Security risks and political unrest in the destination country
• Industrial action e.g. strikes by airline staff
• Technical problems such as a manufacturing defect

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 1,500KM	2 hours
Flight within the EU, more than 1,500KM	3 hours
Flight not within the EU, between 1,500KM and 3,500KM	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?

The table below shows the amount of compensation you would be entitled to if there were no extraordinary circumstances.   If you are making a multi-stop journey on a single ticket, and you miss a connecting flight due to a delay to the preceding flight, you should be able to claim compensation if you arrive at your destination three or more hours later than scheduled.

DISTANCE OF FLIGHT	LENGTH OF DELAY IN ARRIVING	COMPENSATION ENTITLEMENT
Under 1,500KM	More than 3 hours	£220
Over 1,500KM (within EU) or between 1,500KM and 3,500KM (between EU and non-EU airport)	More than 3 hours	£350
Over 3,500KM (between an EU and non-EU airport)	Between 3 & 4 hours	£260
	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 EU Denied Boarding Regulation 261/2004, stating that you believe you are entitled to compensation. Include all the flight details, copy of the ticket(s), personal details of all the passengers you are claiming for, including name, address and contact number.

If I have contacted the airline but am unhappy with their response. What are my options?

The Civil Aviation Authority (CAA) says that complaints should be forwarded to them if you are not satisfied with the airline’s response or the airline fails to respond within 8 weeks. The CAA also warns that due to an increase in their demand, these claims can take some time to resolve. You can also take your claim to the CAA if the airline refuses to pay compensation. However, it should be understood that the CAA does not represent an ombudsman scheme and are therefore not able to impose their findings on airlines.

If your claim still isn’t resolved after taking it to the CAA or other regulator, you have the option of taking the matter to court. However, this is only possible if the delayed flight was less than six years ago.

What happens if my flight is cancelled? Can I claim for 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 1,500KM	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
	If the arrival of replacement flight is over 2 hours	£220
Between 1,500KM and 3,500KM	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
	If the arrival of replacement flight is over 3 hours	£350
Over 3,500KM	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
	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 1,500KM	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
	If the replacement flight is over 2 hours earlier than the booked flight and the arrival of replacement flight is over 2 hours	£220
	If the arrival of replacement flight is over 4 hours	£220
Between 1,500KM and 3,500KM	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
	If the replacement flight is over 2 hours earlier than the booked flight and the arrival of replacement flight is over 3 hours	£350
	If the arrival of the replacement flight is over 4 hours	£350
Over 3,500KM	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
	If the arrival of replacement flight is over 4 hours	£520

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created.