Flight Cancellation

When an airline cancels a flight, for whatever reason, they are obliged to look after you and get you to your final destination as soon as possible.

If the airline is responsible for the delay then they must pay you compensation.

If you decide NOT to fly

If you decide not to fly, then the airline must refund you in full within 7 days.

If the airline has already flown you part of the way, then they must fly you back to your original departure point free of charge. You must also be refunded in full for the part of the journey already flown.

If you decide to fly

The airline must re-route you either at the earliest opportunity or at a later date if you agree.

The airline can book you with another airline, or, if you agree, provide an alternative mode of transport.

If you ask to be re-routed as soon as possible the airline MUST look after you. You have the right to refreshments, two telephone calls, faxes or emails and overnight accommodation and transport if appropriate.

If the airline decides to cancel the flight in advance, it is still required to offer you either a full refund or re-routing. If you still wish to travel you should insist the airline re-routes you.

Compensation

You are only entitled to compensation if the airline is responsible for the delay. Examples include:

• no crew available
• fault with the aircraft
• late running of the aircraft

You should be aware that some airlines will try to avoid paying compensation. You should make a note of the details of any announcements or information given to you at the airport or on the plane. Take photographs to back up any information if appropriate. Exchange names and addresses with other passengers as you will be able to support each others claims if the airline tries to avoid a compensation payment.

You won't get your compensation at the airport. Worry about the details of your compensation once your trip is completed. At the airport just ensure that you are looked after properly by the airline.

You are entitled to compensation as shown below. You are only entitled to compensation for delay if your original flight was cancelled and you were re-routed by the airline.

Total Distance of your Flight	How Late You Arrive	Amount of Compensation
Up to 1500km (930 miles)	Less than 2 hours	€125
Up to 1500km (930 miles)	More than 2 hours	€250
Between 1500km and 3500km (930 - 2200 miles)	Less than 3 hours	€200
Between 1500km and 3500km (930 - 2200 miles)	More than 3 hours	€400
Over 3500km (2200 miles)	Less than 4 hours	€300
Over 3500km (2200 miles)	More than 4 hours	€600

The amounts above are shown in Euros. A Euro is worth approximately £0.65 (be sure to check the current rate).

Flights Cancelled in Advance

If the airline tells you that your flight has been cancelled before you travel, then it must offer you a refund or re-routing in all cases.

If the flight is cancelled more than 14 days in advance then the airline does not have to pay you compensation.

If the flight is cancelled between 7 and 14 days in advance, the airline can avoid paying you compensation as long as it can get you to your final destination within 4 hours of your original arrival time, and your new flight does not leave more than 2 hours before the original time.

If the flight is cancelled less than 7 days in advance then the airline can avoid paying compensation as long as it can get you to your final destination within 2 hours of your original arrival time, and your new flight does not leave more than 1 hour before the original departure time.

Delayed Flights

If your flight is delayed, then the airline must look after you whilst you are waiting.

The regulations state that you must be given assistance after a certain time. For short flights (under 1500km) this is 2 hours, between 1500 and 3500km it is 3 hours, and 4 hours for all other flights.

You must be offered the following assistance:

• appropriate meals and refreshments
• two telephone calls, faxes or emails

If an overnight wait is required, then you must be given hotel accommodation including transport to and from the hotel.

These benefits must be offered to you free of charge. The airline cannot ask you to purchase these yourself and then claim back the amounts later.

Delays Longer Than 5 Hours

If the delay is more than five hours, then you are entitled to a refund if you prefer. If you are already part way through your journey the airline must fly you back free of charge to your original departure point as well.

If you decide to abandon your travel plans then you will almost certainly not be able to recover any consequential losses, for example, hotel accommodation paid for at your destination. You may, however, be able to claim against a travel insurance policy if you have one.

When You Cannot Claim Assistance

You must check in on time for your flight. Your airline could well refuse you to fly at all if you do not present yourself on time at the airport.

Even if you know that the flight is delayed, you must check in on time.

Airlines may also refuse to provide assistance where it would cause a further delay to do so.

Denied Boarding (Overbooking)

Overbooking happens for two reasons:

• the airline deliberately accepts more reservations than seats expecting some passengers not to turn up
• the airline operates the flight with a smaller aircraft and fewer seats are available

The first situation tends to happen with "full service" airlines who sell a wide range of tickets including some fully flexible. The second can happen to any airline, including low cost carriers.

What Happens When the Flight is Overbooked?

When a flight is overbooked the airline will call for "volunteers" to fly at a later time or date. The airline will offer compensation which may be very attractive to some passengers. As a guide an airline may offer somewhere between £100 - £200 if you agree to take a later flight.

If there are not enough volunteers then the airline will be forced to choose passengers who cannot travel. If this happens to you, the airline must get you on to the next available flight, provide you with refreshments and pay you compensation.

Your Rights If You Volunteer

If you decide to accept the airline's offer of compensation and give up your seat, then you are entitled to the following, in addition to the compensation offered to you:

• a full refund with seven days if you decide not to travel, and a free flight to your original departure point if you are part way through your journey
• re-routing to your final destination as soon as possible. If you agree, the airline can also fly you at a later date.

If you accept an airline's offer of re-routing you will need to look after yourself until the time of the next flight. The airline is not obliged to offer you accommodation or refreshments, unless of course it has agreed to do so.

Your Rights If You Are Denied Boarding Against Your Will

Firstly, you have the same rights of refund or re-routing as if you had volunteered.

Secondly, the airline must look after you, providing meals, refreshments and hotel accommodation if appropriate.

Thirdly, the airline must pay you compensation immediately according to the table below:

Total Distance of your Flight	How Late You Arrive	Amount of Compenstion
Up to 1500km (930 miles)	Less than 2 hours	€125
Up to 1500km (930 miles)	More than 2 hours	€250
Between 1500km and 3500km (930 - 2200 miles)	Less than 3 hours	€200
Between 1500km and 3500km (930 - 2200 miles)	More than 3 hours	€400
Over 3500km (2200 miles)	Less than 4 hours	€300
Over 3500km (2200 miles)	More than 4 hours	€600

The amount of compensation is given in Euros. A Euro is worth approximately £0.65 (be sure to check the current exchange rate).

Some airlines will offer a greater amount of compensation if you agree to accept vouchers for use at a later date with the airline. You may take this offer if you wish, but you are not obliged to.

Rescheduled Flights

An airline may reschedule a flight at any time. It is sensible to confirm all flight times several days before departure in case of any changes.

If the difference in time is significant then the flight may be considered cancelled and you may be entitled to compensation.

Rescheduled More Than 14 Days in Advance

You will not be entitled to compensation.

If the flight has been rescheduled for a different date then you consider it is cancelled, and your normal rights to a refund or re-routing will apply.

Rescheduled Between 7 and 14 Days in Advance

If the flight is now scheduled to leave more than 2 hours earlier, or arrive more than 4 hours later than originally planned, then you are entitled to compensation.

In this case the flight is considered cancelled under the European regulations and you are entitled to care and compensation as for cancelled flights.

Rescheduled Less Than 7 Days in Advance

If the flight is now scheduled to leave more than 1 hour earlier, or arrive more than 2 hours later than originally planned, then you are entitled to compensation.

In this case the flight is considered cancelled under the European regulations and you are entitled to care and compensation as for cancelled flights.

Example Entitlements for Flight Problems

My flight was cancelled 3 weeks before departure

We were stranded in Krakow when our return flight was cancelled until following day

We knew the flight was running late but had problems when we checked in

I was flying from Edinburgh to Munich via Amsterdam and had a four hour delay due to industrial action at Amsterdam

Got to Stansted to check in on time and found the 3pm flight had been rescheduled until 8pm. DodgeAir said that as the flight was rescheduled we were not entitled to any assistance.

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My flight was cancelled 3 weeks before departure

Regardless of the reason why your flight was cancelled, you can choose either to accept a full refund or insist that the airline re-routes you.

If you have picked up a particularly good fare then you'll be interested in insisting the airline gets you to your destination otherwise you may end up paying a higher fare with another airline.

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We were stranded in Krakow when our return flight was cancelled until following day. We had booked a weekend away and spent 3 days in Krakow. When we came for our flight back to London we were told it was cancelled due to an aircraft fault. The airline asked us to come back the following day.

The airline has a responsibility to look after you and provide you with accommodation and meals until it is able to fly you (or organise a flight with another airline). It must also pay for any transport costs between the airport and the hotel.

As an aircraft fault is the airline's responsibility, you will also be entitled to compensation. Krakow / London is just under the 1500km limit, so you will each receive 250 Euros from the airline.

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We knew the flight was running late but had problems when we checked in

We checked on the internet and saw that the incoming flight for our Manchester - Amsterdam flight was 3 hours late. As we didn't want to hang around the airport, we got there an hour before the actual departure to be told we couldn't fly.

You must check in on time, even if you know the flight is going to be late. As you were late checking in, the airline has no obligation to fly you, or to offer you compensation.

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I was flying from Edinburgh to Munich via Amsterdam and had a four hour delay due to industrial action at Amsterdam

Even though industrial action is not the airline's fault, you are entitled to assistance because of the delay. This should have been provided after 2 hours.

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Got to Stansted to check in on time and found the 3pm flight had been "rescheduled" until 8pm. DodgeAir said that as the flight was rescheduled we were not entitled to any assistance.

If DodgeAir failed to tell you before you arrived at Stansted then you are entitled to compensation and assistance as if the flight were cancelled.

You can also choose to cancel your flight and take a full refund if you prefer.

You should complain immediately at the airport and insist that you receive refreshments and telephone calls or emails as appropriate. Collect evidence about the "rescheduling", including photographs if appropriate.

Talk to other passengers and exchange details so that you can corroborate each others claim if the airline tries to avoid paying compensation. Write to the airline on your return and claim full compensation as if the flight had been cancelled.

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Non EU Flight Entitlements

This advice applies only if:

• you are travelling on a flight that departs and arrives at non European airports; or
• you are flying to a European airport on a non European airline

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Legal Rights

You have no legal rights under European law in these circumstances. The compensation and care that you are entitled will be determined by the conditions under which you booked and the policy of the airline.

Many airlines will provide refreshments and overnight accommodation if necessary. In case of long delays most airlines will also consider transferring you to another flight.

Montreal Convention

The UK adopted the Montreal Convention in June 2004, which makes an airline liable for "damage caused by delay" up to around £3,300. However, this legislation is untested in the courts and airlines are unlikely to offer you compensation.

If you do have to pay for additional transport, food or accommodation because of a delay then keep receipts and try to make a claim from the airline when you complete your trip.

Countries Part of the EU

For the purpose of European legislation, the following countries are part of the EU:

Austria, Belgium, Cyprus, Czech republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

Ways Airlines Avoid Paying Compensation

Be aware that some airlines continue to publish information and conditions that do not comply with European legislation. This practice appears to have the purpose of misleading passengers into thinking they have fewer rights than the law provides.

Cancelled Flights Become 'Rescheduled'
Conditions of Carriage Limit Liability
Misleading Statements
Difficult Presentation of Information
Partial Information

Cancelled Flights Become "Rescheduled"

If a flight time is significantly altered within fourteen days of travel then the carrier must pay compensation. Calling a cancelled flight rescheduled is irrelevant as far as the regulations are concerned.

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Conditions of Carriage Limit Liability

Irrelevant, and probably illegal if intended to mislead the customer. Conditions of Carriage cannot override legal obligations. It doesn’t matter whether you agreed to accept them or not.

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Misleading Statements

The following text was taken from the Flybe website on 7th February 2006. It forms part of their "Passenger Charter".

The statement marked (ii) above is contrary to European law.

Whether or not the delay is Flybe's "fault" is irrelevant. European legislation states clearly that assistance and accommodation shall be provided "free of charge".

Customers will expect an airline to comply with relevant legislation and to fairly advise them of their rights. If a retailer made a similar statement denying a customer his rights, the retailer would be committing a criminal offence.

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Difficult Presentation of Information

Consider the presentation of the regulations below from Air Berlin (taken from their website on 7th February 2006):

That's 912 words without formatting; almost impossible for most of us to read. The statements made by Air Berlin are correct, but the presentation could hardly be more difficult.

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Partial Information

From another low cost carrier, Wizzair (website 7th February 2006):

Whilst these conditions go some way toward complying with the regulations, they omit the requirement to offer hotel accommodation if appropriate, and the requirement to always offer two free phone calls, faxes or emails.

The statement regarding "force majeure" is incorrect and does not comply with the regulations.

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We publish the information above in order to bring issues to the attention of consumers, and to encourage companies to improve their public communications. If the above issues have been resolved and consumer information is now properly and fairly represented, please contact us and we will review the situation accordingly.

Background

Airlines are perhaps understandably none too thrilled at being required to pay out compensation. Traditional "full fare" airlines have tended to offer credits or payments for many years to avoid poor publicity and to keep customer goodwill. Low cost airlines have generally tried to avoid paying more than the price paid for the ticket.

EC Law

The law concerned is known as EC directive 261/2004 and came into force on 17th February 2005. It has been unsuccessfully challenged by a group of low cost airlines in the European Court of Justice. There is no further appeal possible to them, and the law stands.

Airlines are required to obey European law, and risk considerable sanctions if they fail to protect customers as required by the European Parliament. Each country is responsible for enforcing the regulations. In the UK, this job is done by the Air Transport Users Council, which is part of the Civil Aviation Authority.

It is unclear exactly what sanctions will be imposed on an airline that fails to comply adequately. It is likely that airlines will be reluctant to defy the European Commission, as it has been known to move decisively against companies flouting European law.

Enforcement

You should receive the correct assistance at the airport without having to make any special representations or complaint, and many airlines will do this as a matter of course.

In this first instance passengers should try and resolve problems at the airport, especially where assistance is required. Requests may be more effective if presented as a group of passengers, and evidence should be collected if it appears the airline is trying to avoid its legal responsibilities.

If a matter cannot be resolved locally, then write to the airline concerned, asking for any unsatisfactory response to be escalated within the company. A final notice of intent to report the airline for a breach of European law may be effective.

If all else fails forward all correspondence the relevant authority with a description of your case. The authority is obliged to investigate any alleged breach of the regulations and to require the airline to pay any compensation due.