What are my rights if my flight is cancelled or delayed?

Flight Chaos: Your Rights When Flights Are Cancelled or Delayed

The dream holiday, the crucial business meeting, the long-awaited family reunion – all can be thrown into disarray by the dreaded words: "Your flight has been cancelled," or "We regret to inform you of a significant delay." For many, this is more than just an inconvenience; it can mean lost money, missed connections, and considerable stress. But what exactly are your rights when the airline throws a spanner in the works?

Navigating the complex world of airline passenger rights can feel like deciphering a secret code. The circumstances surrounding your flight disruption are key, and understanding them is your first step towards getting the compensation or re-routing you're entitled to. The BBC's recent investigation into passenger rights, particularly concerning refunds for cancelled or delayed flights, sheds light on the often-murky waters travellers find themselves in.

Cancelled Flights: The Right to a Refund

When your flight is cancelled, your primary right, regardless of the reason for the cancellation, is to choose between two options: a full refund or an alternative flight. This is a fundamental consumer protection that airlines are legally obliged to uphold. The refund should cover the unused portion of your ticket, and if the cancellation means your journey no longer serves its original purpose (for example, if it was a connecting flight and you've missed the onward leg), you may be entitled to a refund for the entire journey.

Crucially, the refund should be processed promptly. The BBC's reporting has highlighted instances where airlines have been slow to issue refunds, or have attempted to offer vouchers instead of cash. While vouchers might seem like an easy solution, remember that you are generally entitled to your money back. If an airline insists on a voucher, you have the right to refuse it and demand a cash refund. The timeframe for this refund is usually within seven days for EU/UK flights. Don't let them dictate your options if you'd prefer your money back.

What if the cancellation is due to "extraordinary circumstances"?

This is where things can get a little more complicated. Airlines often cite "extraordinary circumstances" to avoid paying compensation for delays or cancellations. These are events that are outside the airline's control, such as severe weather, air traffic control strikes, or political instability. In such cases, while you are still entitled to a refund or re-routing, you may not be eligible for additional financial compensation for the inconvenience.

However, the definition of "extraordinary circumstances" can be a grey area. For example, technical faults with the aircraft are generally *not* considered extraordinary unless they stem from an unforeseeable manufacturing defect. Strikes by airline staff, on the other hand, are usually considered within the airline's control. It's worth remembering that airlines have a duty of care, even in these situations. They must still provide assistance, such as meals, refreshments, and accommodation if an overnight stay is necessary due to a delay or cancellation.

Delayed Flights: When Does Compensation Kick In?

Delayed flights are a different beast. While a short delay might be an annoyance, significant delays can trigger rights to compensation. The rules vary depending on the region and the length of the delay. For flights within, to, or from the UK and EU, there are specific regulations (UK261 and EC261 respectively) that provide a framework for passenger rights.

Under these regulations, if your flight is delayed by three hours or more upon arrival at your final destination, you could be entitled to financial compensation. The amount of compensation depends on the flight distance:

£220 (€250) for flights of 1,500 km or less.
£350 (€400) for flights between 1,500 km and 3,500 km, and for all flights within the EU/UK.
£520 (€600) for flights over 3,500 km.

Again, the caveat of "extraordinary circumstances" applies here. If the delay is due to reasons outside the airline's control, compensation may not be payable. But what about those seemingly never-ending technical issues? Many passengers find themselves arguing that these should not fall under extraordinary circumstances. The BBC's investigation often highlights how airlines can be reluctant to admit fault, making the passenger's journey to compensation a challenging one.

The Duty of Care: More Than Just a Refund

Beyond refunds and financial compensation, airlines have a "duty of care" when your flight is significantly delayed or cancelled. This means they must provide you with:

Meals and refreshments: Vouchers or access to food and drink, proportionate to the waiting time.
Accommodation: If an overnight stay becomes necessary, the airline should cover the cost of a hotel.
Transport: To and from the airport and your accommodation.
Communication: Two free phone calls, fax messages, or emails.

It’s essential to keep receipts for any expenses you incur due to the delay or cancellation, as you may be able to claim these back from the airline if they fail to provide the necessary care.

Navigating the Claims Process

So, you believe you're entitled to a refund or compensation. What next? The first step is to contact the airline directly. Most airlines have a dedicated customer relations department or an online claims form. Be clear and concise in your communication, stating the flight details, the nature of the disruption, and the specific rights you are invoking.

If the airline rejects your claim or fails to respond within a reasonable timeframe (usually eight weeks), you can escalate your complaint. For flights involving the UK, you can take your case to the Civil Aviation Authority (CAA). For flights involving the EU, the relevant national enforcement body (NEB) in the country where the disruption occurred or where the flight was scheduled to depart from is your next port of call. There are also various independent claims management companies that can assist, often for a fee or a percentage of any compensation awarded.

Remember to be persistent. Airlines are businesses, and while many operate with integrity, some may try to avoid their obligations. Armed with knowledge of your rights, and the evidence to support your claim, you are in a much stronger position. The BBC's continued focus on these issues serves as a vital reminder that passenger rights are there to be upheld, and it's up to us, the travellers, to ensure they are.