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  • Writer's pictureRui Ferreira

Flight Delays and Cancellations: Your Rights and How to Make a Claim

Updated: Nov 6, 2018

If you are a regular traveler you will eventually experience a flight delay or cancellation. These situations can be caused by weather conditions, air traffic control issues, mechanicals, crew problems, delayed aircraft, airport security, to name a few. Find out how to minimize the effects of those travel problems.


How to deal with flight disruption:


If a flight you are booked on is delayed or cancelled, there are things you can do to make the disruption more bearable. You should also take the time to understand your rights, to make sure your airline treats you fairly. 

Under EU law, you have significant rights on many flights to, from or within the European Union. The information on this page is only relevant to flights covered by this law. To be covered, your flight must be either:

  • departing from an EU airport and operated by any airline, or

  • arriving at an EU airport and operated by an EU airline

Under this law, EU airports also include those in Iceland, Liechtenstein, Norway and Switzerland.


If your flight has been delayed or cancelled, try to find out when your airline will be able to fly you to your destination. You can ask at the airport, check the airline’s website (often the quickest way) or call them.


If you have been delayed for more than five hours and no longer wish to travel then you are entitled to a refund.


If you are a transfer passenger you are also entitled to a flight back to your original departure point.


Once you decide to take a refund or to travel later than the first available flight, your airline has no obligation to provide you with food, drink or accommodation. If you are on a package holiday and you decide not to travel on your outbound flight, you may lose your holiday too.


If you still want to fly then your airline must get you to your destination. You might have to be patient while they rearrange flights and rebook passengers, but the law says they must get you there.


You may be entitled to compensation if your flight is severely delayed, so keep as much evidence of the delay as you can. Keep boarding cards and other documents too.


If you think you will need to claim expenses from your airline, get a full receipt (not just a credit card slip) for everything. If a member of airline staff told you to make your own arrangements, note who said this, when and where. Also ask them to put a note on your booking to this effect.


You can check on the Website from the airline responsible for your flight how to make a complaint and/or send to the airline an European complaint form (available on the link below) regarding air passenger rights. Keep a copy of it:

http://ec.europa.eu/transport/themes/passengers/air/doc/complain_form/eu_complaint_form_en.pdf



The length of your flight is important:


The length of your flight determines many of your rights, so it’s a good idea to check which category your flight falls into:

  • Short-haul flights under 1,500km 

  • Medium-haul flights between 1,500km — 3,500km 

  • Long-haul flights over 3,500km  

The distance is sometimes shown on your flight confirmation.


Delayed Flights:


If your flight is delayed, EU law says your airline must provide food, drink and accommodation. See specific information about:

  • Short-haul delays: if the law covers your short-haul flight, your airline must look after you once you have been delayed by more than two hours.


This means they must provide:

  • A reasonable amount of food and drink (often provided in the form of vouchers)

  • A means for you to communicate (often by refunding the cost of your calls)

  • Accommodation, if you’re delayed overnight (usually in a nearby hotel)

  • Transport to and from the accommodation (or your home, if you are able to return there)

The airline must provide you with these items until it is able to fly you to your destination, no matter how long the delay lasts or what has caused it.


Sometimes airlines are unable to arrange care and assistance for all passengers. This can happen when staff are stretched during major disruption.


If this happens, in our view you have the right to organise reasonable care and assistance yourself, then claim the cost back later. If you end up paying for things yourself, keep every receipt and do not spend more than is reasonable. Airlines are unlikely to refund you for things like luxury hotels or alcohol. Some will provide guidance on reasonable costs.


Occasionally, airlines refuse to provide care and assistance. If your airline does this, but you are sure you are entitled to help, you can organise it yourself and claim the cost back later. Always keep receipts in this situation.


If you believe you have a case, you should contact your airline directly

Many airlines will have a claims procedure for you to follow. Often, a standard claim form is available. If so, using it will ensure you provide all the information the airline needs to process your claim.


You can usually find the best way to put in a claim by calling the airline or checking its website.


If no standard procedure is available, it may be best to make initial contact by email, so you have a record of the communication. You can also send a letter – always keep a copy, if you decide to do this. Your airline will probably need detailed information to process your claim. 


All this applies also in case of:

  • Medium-haul delays: delayed by more than three hours.

  • Long-haul delays: delayed by more than four hours.


Cancelled Flights:


If your flight has been cancelled, your airline must offer you the choice of a refund or alternative flight.


Your airline must let you choose between two options:


1. Receive a refund:


You can get your money back for all parts of the ticket you haven’t used. For instance, if you have booked a return flight and the outbound leg is cancelled, you can get the full cost of the return ticket back from your airline.


2. Choose an alternative flight:


If you still want to travel, your airline must find you an alternative flight. It’s up to you whether to fly as soon as possible after the cancelled flight, or at a later date that suits you. Airlines often refer to this as being ‘rerouted’.


Although most airlines will book you onto another of their flights to the same destination, if an alternative airline is flying there significantly sooner then you may have the right to be booked onto that flight instead. You can discuss this with your airline.


If you choose an alternative flight you are also entitled to care and assistance. This usually means food, drink, access to communications (this could be by refunding the reasonable cost of phone calls) and accommodation (if necessary).


Compensation:


If you received less than 14 days’ notice of the cancellation, you may be able to claim compensation too.


This depends on what caused the cancellation – if it wasn’t the airline’s fault, don’t expect to receive any compensation.


Delays caused by things like extreme weather, airport or air traffic control employee strikes or other ‘extraordinary circumstances’ are not eligible for compensation.


If you received seven to 14 days’ notice of the cancellation, you may be able to claim compensation based on the timings of the alternative flight:


Short-haul Flight:

  • If your new flight departs no more than two hours before the scheduled time of your original flight AND your new flight arrives less than four hours after the scheduled time of your original flight, you are not entitled to financial compensation

  • Otherwise , if your new flight arrives more than two hours after the scheduled time of your original flight, you can claim €250 or – no matter what time it departs.

  • Otherwise , if your new flight arrives earlier than two hours after the scheduled time of your original flight, you can claim €125.


If you received less than seven days’ notice of the cancellation, you can claim compensation based on the timings of the alternative flight:


  • If your new flight departs no more than one hour before the scheduled time of your original flight AND your new flight arrives less than two hours after the scheduled time of your original flight, you are not entitled to financial compensation.

  • Otherwise , If your new flight arrives more than two hours after the scheduled time of your original flight, you can claim €250 – no matter what time it departs.

  • Otherwise , if your new flight arrives earlier than two hours after the scheduled time of your original flight, you can claim €125.


You can only claim compensation if your cancelled flight matches one of the situations described above. All compensation figures are per person.


Medium-haul Flight:


If you receive seven to 14 days’ notice of the cancellation, you can claim compensation based on the timings of the alternative flight:

  • If your new flight arrives more than four hours after your original flight, you can claim €400 – no matter what time it departs.

  • If your new flight takes off more than two hours before your original flight, and arrives three to four hours after it, you can claim €400.

  • If your new flight takes off more than two hours before your original flight, and arrives less than three hours after it, you can claim €200.


If you received less than seven days’ notice of the cancellation, you can claim compensation based on the timings of the alternative flight:

  • If your new flight arrives more than three hours after your original flight, you can claim €400 – no matter what time it departs.

  • If your new flight departs more than one hour before your original flight, and arrives less than three hours after it, you can claim €200.


Long-haul Flight:


If you received seven to 14 days’ notice of the cancellation, you can claim compensation based on the timings of the alternative flight:

  • If your new flight arrives more than four hours after your original flight, you can claim €600 – no matter what time it departs.

  • If your new flight departs more than two hours before your original flight, and arrives less than four hours after it, you can claim €300.


If you received less than seven days’ notice of the cancellation, you can claim compensation based on the timings of the alternative flight:

  • If your new flight arrives more than four hours after your original flight, you can claim €600 – no matter what time it departs.

  • If your new flight departs more than one hour before your original flight, and arrives less than four hours after it, you can claim €300.



Being downgraded:


If your airline downgrades you to a lower class than the one you booked (for instance, economy instead of business), you are entitled to reimbursement of a percentage of the price for the flight on which you were downgraded. 

If you are downgraded, your airline must reimburse you within seven days. The amount you receive is calculated as a percentage of what you paid for your ticket, and depends on the length of your flight:

  • For short-haul flights of less than 1,500km, you will receive 30% of the price of the flight.

  • For medium-haul flights of 1,500km – 3,500km, or flights within the EU of more than 1,500km, you will receive 50% of the price of the flight.

  • For long haul flights of more than 3,500km, you will receive 75% of the price of the flight.


It is likely you will only receive a refund for the portion of your journey that was downgraded.



Being bumped:


If an airline has overbooked a flight or uses a smaller plane than it planned, it sometimes asks or forces passengers to give up their seat. This is called being ‘bumped’ or denied boarding.


If you volunteer to be bumped, it’s up to you and your airline to agree compensation. Often, airlines will make an announcement at the gate offering compensation, which might be cash or vouchers.


If you volunteer to be bumped, you are also entitled to an alternative flight or a refund, as described below.


When it's not your choice:


If you are bumped without your agreement, you are entitled to compensation, as long as you checked-in for your flight on time.


The level of compensation depends on the length of your flight and the timings of the alternative flight you are offered:

  • For short-haul flights that cover less than 1,500km:

    • If the delay is less than two hours, you can claim €125

    • If the delay is more than two hours, you can claim €250

  • For medium-haul flights that cover 1,500km – 3,500km, or flights within the EU of more than 1,500km:

    • If the delay is less than three hours, you can claim €200

    • If the delay is more than three hours, you can claim €400

  • For long-haul flights that cover more than 3,500km:

    • If the delay is less than four hours, you can claim €300

    • If the delay is more than four hours, you can claim €600


No matter whether you volunteered or were forced to be bumped, your airline must also let you choose between two options:


1. Choose an alternative flight:


Your airline must offer you an alternative flight. It’s up to you whether to fly as soon as possible, or at a later date that suits you. Airlines often refer to this as being ‘rerouted’.


If you want to fly as soon as possible, your airline must also provide care and assistance while you wait for the flight. This means food, drink, communications and accommodation, if you stay overnight.


2. Receive a refund:


If you don’t want to fly, you can get your money back instead. You’ll get a refund for all parts of the ticket you haven’t used.


For instance, if you have booked a return flight and you are bumped from the outbound leg, you can get the full cost of the return ticket back from your airline.


If you’re part-way through a journey, your airline should also provide a flight back to your starting point.



Missed connections:


If your journey involves more than one flight and you have a through ticket (a single ticket which covers more than one flight), your airline may have to look after you if you miss your connection.


If your journey involves flights with airlines from different countries, it’s generally the nationality of the airline at fault that determines your rights.


For instance, if a delay on your first flight causes you to miss your second, it’s the airline operating the first flight that is responsible.


Your airline is only required to provide compensation if you are booked on a through ticket. This means you have a single ticket and one reservation reference for your entire journey. The cause of you missing your connection must also be within the airline’s control. If you or your travel agent booked the flights separately, then you are not covered by these rules.


Claiming compensation:


In some circumstances you may be able to claim compensation for your missed connection. This depends on how late you arrive at your final destination and what caused the delay. The rules about compensation when you miss a connection are the same as for any other flight delay.

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