Understanding Compensation for Cancelled and Delayed Flights: Key Information

On April 28, a significant power outage affected Spain and Portugal, resulting in disruption for millions and leading to the cancellation of numerous flights.

The blackout impacted transportation systems, railway stations, airports, and businesses across the Iberian Peninsula. By 5 PM, Spanish Prime Minister Pedro Sánchez announced that the cause of the outage remained unclear but assured that efforts were underway to restore power, which began to be reestablished later in the afternoon.

Major cities such as Madrid, Barcelona, Seville, and Lisbon experienced service disruptions, affecting travel to and from the UK. Aviation analysts Cirium reported that on that Monday, 96 flights from Portuguese airports were cancelled, alongside nine cancelled flights from the UK to Portugal and 45 cancellations from Spanish airports.

If your flight to or from the UK has experienced a delay of three hours or more, due to causes such as strikes, air traffic control issues, or adverse weather, you may be entitled to meals, refreshments, accommodation, and potentially compensation for the delay depending on the circumstances. The amount of compensation you may receive depends on the travel distance and the duration of the delay. Similar regulations also define travelers’ rights if their flight is cancelled, including rights to refunds or rebooking. Here’s a detailed overview.

Are Refunds Available for Cancelled Flights?

UK law mandates that all flights departing from the UK or operated by UK or EU airlines to and from the UK are subject to rules regarding compensation for delays and cancellations, derived from EU Regulation 261/2004. Any compensation is issued in pounds sterling.

In the event of a cancellation of a flight in the aforementioned categories, the airline is obligated to offer two options: either a full refund (including any return journeys) within seven days or an alternative flight, even with a competitor. You can request a full refund if the alternative flight is not suitable. If you have a connecting flight and choose not to travel, the airline must return you to your initial departure point.

Choosing a refund ends the airline’s duty of care obligations. In contrast, if opting for a replacement flight, the airline must provide a reasonable level of food and drink, means of communication, and accommodation if needed until you are able to continue your journey.

Entitlements for Compensation Due to Flight Cancellations

Compensation is available if your flight cancellation was notified within two weeks of departure and was attributable to factors within the airline’s control, such as staffing issues. Circumstances such as severe weather or strikes by air traffic control or other non-airline personnel are beyond the airline’s control.

Eligible passengers can claim compensation based on the flight distance and the timing of the cancellation notification.

Regarding cancellations that occur within 7 to 14 days prior to the flight, you are entitled to compensation unless the new flight departure time is within two hours of the original flight and arrives less than four hours after the original scheduled time.

The following compensation amounts apply for eligible passengers:

• £220 for short-haul flights with arrivals two or more hours later than originally scheduled
• £110 for short-haul flights arriving less than two hours late
• £350 for medium-haul flights departing over two hours earlier or arriving three or more hours late
• £175 for medium-haul flights departing two hours early or arriving less than three hours late
• £520 for long-haul flights arriving four or more hours late
• £260 for long-haul flights departing less than an hour early or arriving less than four hours late

For cancellations occurring within seven days of travel, you will not receive compensation if the new flight departs within an hour of your original scheduled departure and arrives less than two hours after your original arrival time.

Will Airlines Cover Hotel Costs for Cancelled Flights?

In the event of a cancellation overnight or for the next day, airlines are required to arrange and cover hotel accommodations and provide refreshments. However, availability may be a factor, necessitating that you find your own accommodation and submit for reimbursement. Quality of accommodation is not guaranteed.

Pre-arranged hotels, excursions, and car rentals at your destination are typically not compensable; however, these costs might be covered by your travel insurance.

Refunds for Cancelled Package Holidays

Here in the UK, package holidays—which bundle accommodation with transport such as flights or car rentals—are protected under the Package Travel and Linked Travel Arrangements Regulations 2018, ensuring consumer rights when problems occur.

Companies selling package holidays must offer financial protection for each package sold, typically through Atol (for flight-inclusive packages) or Abta (for those without flights). If the company you booked goes out of business, your holiday may still proceed or you are entitled to a full refund.

Legal protections extend to situations where the package does not match the description or if any booking components are cancelled, meriting refunds or corrective measures from the selling company.

These protections also cover cancellations initiated by the travel operator, ensuring a full refund within 14 days.

Booking Through Third Parties: What to Know

If your flight was booked via a third-party entity—be it a travel agent or booking website like lastminute.com or Expedia—it is necessary to reach out to them for refunds rather than directly with the airline. Your contract is with the agent or website, not the airline.

Depending on your booking conditions, you may not receive a cash refund but instead receive a travel voucher or incur an administrative fee for cash refunds.

For delays and cancellations, you should still contact the airline with which you actually traveled.

Compensation Amounts for Delayed Flights

In relation to UK flights, compensation for delays is governed by two key pieces of legislation. Passengers are entitled to compensation if their flight was delayed by three hours or more and if the delay stemmed from factors under the airline’s control, such as aircraft malfunction or airline employee strikes. However, delays caused by external factors like bad weather or strikes by non-airline workers are deemed extraordinary circumstances.

Regardless of the delay cause, airlines have a duty of care, which involves supplying reasonable food and drink (often in voucher form), means of communication, and accommodation for passengers if they cannot depart until the next day.

This duty of care applies when flights are delayed by more than two hours for short-haul (under 1,500km), more than three hours for medium-haul (1,500km to 3,500km), and over four hours for long-haul flights (over 3,500km).

EU Regulation 261/2004 allows claims for flights departing anywhere in the EU or operated by EU carriers heading to the EU.

You may be entitled to:

• €250 on short-haul flights after three hours of delay
• €400 on medium-haul flights after three hours of delay
• €300 on long-haul flights delayed by three to four hours
• €600 on long-haul flights delayed over four hours

Since Brexit, the UK has incorporated this regulation into its domestic law, providing coverage for all departing flights, including those by UK or EU airlines with UK destinations. Compensation is made in pounds.

The amounts you can claim in pounds are:

• £220 for short-haul flights delayed three hours
• £350 for medium-haul flights delayed three hours
• £260 for long-haul flights delayed three to four hours
• £520 for long-haul flights delayed over four hours

Claims must be made under one regulation; the UK version typically applies for those based in the UK who booked with a UK airline.

What to Do If You Miss a Connecting Flight

If you miss a connecting flight due to delays or cancellations on an earlier segment, compensation and duty of care rules remain applicable—but only if all flights were booked on a single ticket.

The airline responsible is bound to provide reasonable refreshments and accommodation if necessary until you can board the next flight. Automatically booking you onto the next available flight is required.

Compensation eligibility hinges on the delay or cancellation being within the airline’s control and pertains to departures from or arrivals at the UK or EU. The distance of your overall journey matters for the compensation amount, determined by the delay’s impact rather than the specific segment that was disrupted.

If segments were booked separately, the airline responsible for the previous flight is not obligated to offer care during your layover or compensate you. Though you may be booked on the next available flight by the airline for the next leg, they may charge for it.

Claiming Compensation for Delayed Flights

Submit all compensation claims to the airline that operated your flight, not merely the one through which you booked. For example, if you were traveling to the USA on a flight booked through British Airways but operated by its code-share partner American Airlines, direct your claims to American Airlines.

To file a claim, you’ll need details regarding scheduled and actual arrival times, including any alternatives, the cause of the delay or cancellation, and proof of flight—such as your boarding pass. Retain receipts for any reasonable costs incurred, such as food or drink if a voucher wasn’t provided, and submit these claims online or through the postal service. Airlines typically list the needed contact information on their websites.

Escalating Your Complaint

Airlines may take several days or weeks to respond after you submit a compensation claim. If they do not reply despite repeated attempts or if you disagree with their decision, you can escalate your complaint.

You have various options. If the airline is registered with an ombudsman like AviationADR or CEDR, consider utilizing their services. The UK’s Civil Aviation Authority is another avenue for escalation. Alternatively, you may pursue claims through the small claims court, which requires a fee; this fee may only be returned if the court rules in your favor or if the airline opts to settle independently.

Checking Flight Status for Delays

Your airline should notify you about flight delays and provide reasons for the disruption. They are also required to inform you about compensation eligibility. You can verify live departure information at the airport or through flight-tracking websites like FlightRadar24.

Despite being aware of a delay, it’s crucial to arrive at the airport on time for check-in. Failure to do so might affect your eligibility for compensation, and related return flights may be cancelled.

Can I Get a Refund?

If your flight is delayed for five hours or more, you can opt not to travel, making you eligible for a full refund. Once you accept the refund, the airline’s duty of care ceases, and you must arrange your onward travel independently.

Missing Your Flight Due to Strikes

If a train or bus strike causes you to miss your flight, the transport provider is not obligated to offer compensation; they must only refund the cost of your train or bus ticket. In such cases, pursuing travel insurance may be your only recourse, provided you can demonstrate that you departed with ample time to arrive on schedule, evidenced through ticket stubs or similar documentation.

Despite missing your flight, arriving at the airport as soon as possible may still be beneficial, as the airline may assist you in booking an alternative flight at no cost or at a reduced fare.