You’ve slaved away all year just so you can enjoy two weeks in the sun. You’ve suffered through the dire weather that’s left us all feeling miserable. You’ve just about made it through the peak of the cost of living crisis. Then you get to the airport to find… queues snaking out of the door.
That’s the reality that greeted passengers arriving at Manchester airport this week as a power cut grounded their getaway plans. Up to 90,000 people are thought to have been affected, and though most have made their way to their destination, there is still a backlog of luggage, waiting to be reunited with grumpy holidaymakers.
Just as one crisis ended another began, as Aer Lingus flights were cancelled when pilots launched industrial action and walked out. So what happens when your flight is grounded and you can’t get to your destination or home? Here’s my guide.
Am I entitled to compensation if my flight is delayed or cancelled?
Let’s start off with the basics. If your flight has been delayed, you are entitled to compensation under the following circumstances:
- Your flight must have been delayed by more than three hours past your original arrival time. The clock stops ticking when the door opens at your destination
- The flight must take off from the UK or European Union or be from an airline based in these countries. Connected flights are also covered if you booked them as one trip, even if you switch to a non-EU airline half way through your journey
- The issue must be ‘within the control of the airline’. So weather or air-traffic control disputes are out, aeroplane problems and flight staffing issues are in
The law governing compensation for delayed and cancelled flights is The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019. You can check out my full guide to airline compensation for delays and cancellations here.
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But wait…! What’s within the control of the airline?
What is covered by airline compensation?
Airlines aren’t generally considered to be responsible for delays or cancellations if the issue is ‘outside of their control’. However, there are many circumstances where they do have to pay out, including:
- Faults with the plane and other technical issues
- Staffing issues (understaffing, striking pilots or cabin crew)
- Overbooking
- Avoidable delays (plane schedules that don’t leave much time for problems arising)
- Faults with the airline’s own systems (like computer problems, boarding system issues)
Of course, there are many more scenarios where airlines might be liable. Trust me, most of these have come up in the past and wherever there’s been some ambiguity about who is to blame, it’s ended up in court. I’m pleased to say that in these cases airlines have almost always lost! That’s how connected flights (journeys with more than one flight combined) became definitively covered by the law - as long as the flight was booked as one trip and started or finished in the UK or the EU.
Things that aren’t covered by the airline compensation rules
Things aren’t always so straightforward though. The airline might be able to predict some things (like rainy seasons in certain countries at different times of the year) but that doesn’t mean that something that potentially might happen is their responsibility. That’s only fair – and you should ensure that you have a good travel insurance policy to cover these other emergencies.
Natural disasters, bad weather and catastrophes
We live on a volatile planet and natural disasters, storms and bad weather and catastrophes can scupper your holiday. Remember last year’s wildfires in Greece? Problems that arise from extreme weather events aren’t generally covered by airline compensation rules. But the airline (or one of them) will do their best to bring you home from an unsafe destination as soon as they are able to do so. In worst-case scenarios, as we saw over the pandemic, the government may step in to charter flights to get citizen’s home. This includes situations like war breaking out, terrorism or revolutions.
Storms are increasingly grounding planes in the UK as it becomes unsafe to take off or land. There’s nothing airlines can do about this, so stay calm, look at other flights that are taking off on different days if yours is cancelled and ask your airline to book you on the soonest available option. If there’s a backlog then this may take some time though.
Natural disasters or catastrophic events can result in flights being rerouted away from the danger zones. This could be due to anything from an escalating war to an erupting volcano. This will add time to your travel but will not be covered by the compensation rules.
Strikes and airport disasters
The last few years have seen a range of flight related strikes, from pilots to cabin crew and from baggage handlers to air traffic controllers. As I mentioned, if your flight has been delayed or cancelled as a result of strike action by cabin crew or pilots, then you are entitled to compensation by law.
However, strikes by airport staff and air traffic controllers are not considered to be within the control of the airline, so no compensation would apply. However, the airline must get you on the soonest available flight and cover ‘essential costs’. More on that later.
If strikes afflict your airport then prepare for a torrid time. Problems with airport staff strikes can result in massive queues to check in bags, so if this kind of industrial action is announced you might want to think about reducing your baggage to just carry on cabin bags in order to cut out one queue.
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Check with the airline to find out the earliest point you can check in and try to get through security as soon as you’re allowed. Don’t stand silently worrying – be less British! If you are stuck in a queue and time is ticking down to your gate closing, speak up. There are usually members of staff who will rush you through if your flight is imminent. You can save time by looking on airport maps online to see where your gate is and the best way to get there.
What if my flight is cancelled? What are my rights?
You might not get a compensation payout, but if your flight is cancelled, don’t forget that the airline must still try to get you to your destination as soon as is realistically possible. In the first instance, they’ll try to get you on one of their own flights, but failing that they should book you on a flight with another airline.
You can ask for a full refund of the money you’ve paid, but then you’re stuck with booking what may well be a much more expensive replacement flight – one that the airline could pay for if you hold fire.
Even though it makes more sense to wait for the airline to get you on the next available plane, don’t assume they’ll get you the best option – and don’t expect to turn left and get a fabulous upgrade. Go online and see what flights are available and ask the airline directly if they can get you on the one you’ve located. We don’t really have a defined period after which you must be offered a flight with a competitor, but I’d argue that once you go over 24 hours they should be exploring this option. If you have to pay up front, make sure you keep your receipts and find out how to claim back your cash.
What if I’m stuck waiting for a delayed or cancelled plane?
It’s not just alternative flights that you can expect if there’s a problem that has grounded your plane. You can expect vouchers for food, accommodation and travel there if stuck overnight and even the cost of a telephone call.
Food and drink vouchers are most commonly given – but only after a certain amount of time has elapsed (usually 2 to 3 hours). Even if the airline isn’t at fault, they should give you vouchers. Don’t get too excited though, the vouchers are usually only enough to pay for a sandwich, snack and soft drink for each person. If you can’t find a member of airport staff, head to the information desk and join the throng. You should get the cost of making calls in relation to the situation too.
If you’re delayed overnight the airline should cover the cost of your hotel and getting there. They usually chose the hotel so once again, don’t expect the Radisson Blu. If you are forced to book your own hotel, try to get the most reasonably priced option and ask the airline if unsure.
The airline should also cover you for the cost of getting to the accommodation. I’ve heard of people being booked in hotels an hour from the airport so make sure this is sorted out for you. This will not usually cover taxis or other transport costs from the airport in the UK if you chose to go home.
Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist
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