Flight delays
Recent research from Which?
shows that about 43 million
passengers suffered delays in
the UK last year. According to
figures, around 183,000 long
haul passengers and 729,000
short haul passengers were
delayed by at least three hours.
At this time of year, it’s useful to
know what your rights are as a
passenger travelling within or
from the EU.
If an airline decides to deny someone
boarding, cancels a flight or there is a
delay of over 2 hours, it then has to give
every passenger affected written details
setting out their Regulation rights.
The Denied Boarding Regulation
The European Commission Regulation
261/2004 (“Denied Boarding Regulation”)
establishes an airline’s obligation to
support passengers not just if they are
denied boarding but also if their flight is
cancelled or delayed.
• Type 2 F
light within the EU of greater
than 1500 km in distance, or
any other flight of greater than
1500 km but less than 3500 km
in distance
Although the right to compensation is not
specifically set out within the Regulation,
a 2012 European Court of Justice ruling
gave passengers the right to claim
compensation for delays in excess of 3
hours.
Where do they Apply?
The Regulations only apply to if you’re
travelling with an airline:
Based in the EU;
Or with a non-EU based airline flying
from an EU airport (EU airports also
include those in Iceland, Liechtenstein,
Norway and Swit zerland).
If you’re travelling with a non-EU based
airline flying from a non-EU destination,
the airline doesn’t have the same duty to
look after you.
Notifying Passengers
The airline must display a notice at their
check-ins stating:
If you are denied boarding or if your
flight is cancelled or delayed for at least
two hours, ask at the check-in counter
or boarding gate for the text stating
your rights, particularly with regard to
compensation and assistance.
Compensation
Any entitlement you may have to
compensation depends upon the length
of your delay and the length of your
flight.
Compensation is calculated based on
different “types” of flight:
• Type 1 F
light of less than 1500 km in
distance
• Type 3 F
light not within EU of greater
than 3500 km in distance
Delay is calculated on the arrival time,
being when the aircraft doors are opened
and not when it lands at your destination.
You can only claim compensation if the
delay means you arrive over 3 hours later
than the original scheduled arrival time.
Compensation would not be paid if
the airline can prove that the delay
or a cancellation was caused by
‘extraordinary circumstances’. This
covers situations beyond their control,
such as security risks, political instability,
strikes or severe weather that makes
flying dangerous. Although you may not
get financial compensation for a flight
being delayed in these circumstances,
you are entitled to the free meals,
refreshments, accommodation and hotel
transfers depending on the length of your
flight and delay.
Refreshments and Communication
If a flight is delayed, you are entitled to
free refreshments and “communications”
(being 2 free phone calls, faxes or emails)
if the expected delay is more than:
Don’t expect that much though –
refreshments may not be much more
than a bottle of water and a bag of
crisps! Refreshments, Communication
and Accommodation
If your flight is expected to leave the day
after the original scheduled departure
time, then you are entitled to free hotel
accommodation and hotel transfers if
you have to stay overnight.
Refreshments, Communication,
Accommodation and Refunds
But if your flight is still delayed 5 hours
later, you can then decide to abandon
your journey even if your flight has
not actually been cancelled. At this
point, you can request a refund for all
unused tickets, a refund on tickets used
already if the flight no longer serves
any purpose in relation to your original
travel plan, and, if need be a flight back
to your original point of departure at the
earliest opportunity.
Financial Compensation
You can claim compensation if your
flight is delayed for more than 3 hours.
Compensation is payable for each
passenger affected, unless a passenger
travels free. Compensation is based in
Euros, as set out in the table below:
Flight Delay in
Type Arriving
Entitlement
1
2
3
3
€250
€400
€400
€600
More than 3 hours
More than 3 hours
Between 3-4 hours
More than 4 hours
If your flight is cancelled, in addition to
compensation, the airline must also offer
to reimburse you or reroute you on the
next available flight or an agreed date.
Payments may be reduced depending
upon what offers are made by the airline
for an alternative flight.
Obtaining a Refund or Compensation
The first step to obtaining any
compensation is to submit a completed
air passenger rights EU complaint form
to your airline. Make sure that you keep
a copy for your records. If you are not
satisfied with the airline’s response, then
you can complain further to the relevant
National Enforcement Body.
Hopefully, your next flight will be problem
free!
By Michael Mulcare
• 2 hours for a Type 1 flight
• 3 hours for a Type 2 flight
• 4 hours for a Type 3 flight
75