DEALING WITH FLIGHT DELAYS

Like everything in life, getting compensation for a delayed flights is not as simple as it seems and airlines rely on various tactics to make it difficult to succeed with a claim.

Even though we have left the European Union, the rules have been mirrored and captured into UK law under UK261/2004 Regulation and you are entitled to compensation if a delay or cancellation is due to something that an airline could have foreseen or anticipated.

If your flight is delayed for more than five hours, you can opt for a full refund instead of continuing with your journey. Delay upon arrival at your destination must be three hours or more. If your flight has been delayed, the compensation you are entitled to depends on how long the delay was and flight distance.

• The flight must be delayed by more than three hours and the delay is counted from the time the flight is meant to arrive – not when it takes off. ‘Arrival’ counts as the point at which the cabin crew open the doors, not when the plane touches down.
• The flight must take off from the UK or European Union or be from an airline based in these areas. Connected flights count if you booked them as one trip, even if you switch to a non-EU airline halfway through your journey.
• Issues must be ‘within the airline’s control.’ This also covers airline crew sickness following a Supreme Court ruling in the case of Lipton -v- BA City Flyer where a couple took BA to Court when their flight was cancelled due to a pilot falling ill at short notice.

Airlines frequently rely on ‘extraordinary circumstances’ to reject all claims. The most common excuses airlines rely on is air traffic control issues and technical problems, knowing that it will generally be accepted without question.

Compensation for delayed and cancelled flights follow similar timescales. Citizens Advice clearly sets out the compensation you are entitled to. citizensadvice.org.uk/consumer/holiday-cancellations-and-compensation/if-your-flights-delayed-or-cancelled/

Cancelled flights

If your flight is cancelled, you are entitled to either an alternative flight or a full cash refund within seven days of the scheduled flight departure. If your flight is cancelled with less than 14 days’ notice prior to the date of departure; or if it is delayed and you arrive at your final destination more than three hours late, you are entitled to compensation.

Compensation for cancelled flights varies depending on timescales and distance (see the Citizens Advice link).

You will be encouraged to claim on your travel insurance, but why should you pay an excess and an increased future premium for their liability? The law is on your side so don’t let them off the hook.

Escalating your complaint

If you are rejected for compensation for a delayed flight, don’t give up.

If you disagree with an airline’s compensation decision, you have the right to go to an alternative dispute resolution (ADR) service to dispute the decision. You must have complained to the airline directly first and received its response or given it eight weeks to respond.

Airlines must subscribe to an Alternative Dispute Resolution scheme (ADR). It’s cheaper than going to Court and an effective way to resolve a dispute if you are unhappy with a compensation decision.

The main ADR schemes are Consumer Dispute Resolution Limited (AviationADR) [www.aviationadr.org.uk] and Centre for Effective Dispute Resolution (CEDR) [www.cedr.com/aviation].

The ADR adjudicator will have access to more information than you, so help them and make it easy for them to resolve your dispute. Keep a note of every announcement you hear in the airport and on board, as well as timings. Save screenshots of rejection notices and emails from the airline when you make a claim, too. These can be uploaded to the ADR portal to support your claim.

I have found the ADR schemes to be very good with legitimate claims, and it’s clear that many airlines deliberately flout the law because they know most people won’t pursue it. Don’t give up. Perseverance breaks resistance every time and if it’s not right, it’s worth the fight.

Most trips go without a hitch, but forewarned is forearmed and enjoy your break – you deserve it!