Join more than 165,000 subscribers and keep yourself informed with the latest financial news, insights and expert analysis to help you understand what really matters when it comes to your finances.
You are now subscribed
Your newsletter sign-up was successful
Want to add more newsletters?
An account already exists for this email address, please log in.
How to claim compensation for travel delays
As travellers experience delays at major airports following an air traffic control technical glitch, we reveal what your rights are to compensation.
Travellers hit with flight delays and cancellations at major airports including London Gatwick, Heathrow and Bristol will be wondering what their compensation rights are.
Thousands of passengers’ plans have been disrupted following a technical glitch in the air traffic control system operated by provider NATS since Tuesday (8 September).
The firm has apologised for the issue and urged holidaygoers to check with airlines on the status of their flights. And while some flights were operating, there was also ongoing disruption to others.
Try 6 free issues of MoneyWeek today
Get unparalleled financial insight, analysis and expert opinion you can profit from.
Sign up for MoneyWeek’s free twice-daily newsletter.
Join more than 165,000 subscribers and keep yourself informed with latest financial news, insights and expert analysis to help you understand what really matters when it comes to your finances.
Join more than 165,000 subscribers and keep yourself informed with latest financial news, insights and expert analysis to help you understand what really matters when it comes to your finances.
The regulator the UK Civil Aviation Authority (CAA) has guidance on what rights passengers have following disruption to flights.
If your flight has been delayed then, typically, your airline has a duty to look after you while you wait.
Whether or not you receive these rights is based on whether UK law applies to your flight.
If it does, you are entitled to care if your flight is delayed beyond its scheduled departure time by:
at least two hours for flights under 1,500km.
at least three hours for flights between 1,500km and 3,500km.
at least five hours for flights longer than 3,500km.
If your flight meets the above criteria, your airline has a duty to provide you with food and drink based on the length of the delay, accommodation if you are delayed overnight as well as transport between the airport and the accommodation, plus phone calls or emails.
Your airline should provide the above care regardless of the reason for the delay to your flight.
Your airline will typically give you a physical or digital voucher which you can use to buy food or drink at the airport. Speak to a member of your airline’s staff if one isn’t provided to see what’s available.
The airline may automatically organise accommodation for you if your flight is delayed overnight.
If so, it will typically tell you by email or a member of staff will speak to you. Your airline may also ask you to book accommodation yourself through its website.
Are you entitled to compensation following a flight delay or cancellation?
If your flight delay means you arrive more than three hours late at your destination airport, then you may be entitled to compensation from your airline.
However, only if the delay was the airline’s fault and not if it was due to “extraordinary circumstances”.
Under UK law, there is no exact definition for what an extraordinary circumstance is, but the main categories of events likely to be defined as extraordinary, according to the CAA, are:
Weather conditions incompatible with the safe operation of the flight
Strikes (unrelated to the airline such as airport staff, ground handlers, air traffic control or border force)
Acts of terrorism or sabotage
Security risks
Political or civil unrest
Hidden manufacturing defects
Following the air traffic control technical issue, a CAA spokesperson said customers were unlikely to receive compensation from airlines.
They said: "We consider that disruption caused by the NATS outage is likely to be considered the result of ‘extraordinary circumstances’ under passenger rights rules.
"This means that although passengers should be looked after by airlines, they are unlikely to be entitled to compensation for delays or cancellations that were directly caused by the incident.”
In circumstances where you are entitled to compensation following a flight delay, the amount you will get depends on the length of the delay and distance of your flight:
for flights less than 1,500km and a delay of at least three hours, you can claim £220 in compensation.
for flights between 1,500km and 3,500km and a delay of at least three hours, you can claim £350 in compensation.
for flights of more than 3,500km and delays of under four hours, you can claim £260. This jumps to £520 for delays over the four-hour mark.
If the flight is delayed by more than five hours, you do not have to travel and can instead claim a full refund.
Should the flight be cancelled, the airline is required to provide either a full refund or cover the cost of a replacement flight.
If the replacement flight delays you by more than two hours, and you receive less than two weeks’ notice, then you are entitled to compensation, though the sums can vary significantly. See the below table for the compensation amounts:
Swipe to scroll horizontally
Flight length
Notice
Length of disruption
Compensation
Under 1,500km
7-14 days’ notice
Arrive under two hours late at destination
£110
Under 1,500km
7-14 days’ notice
Arrive more than two hours late at destination
£220
Under 1,500km
Under seven days’ notice
Arrive more than two hours late at destination
£220
Flight of between 1,500km and 3,500km
7-14 days’ notice
Departs at least an hour earlier than booked flight
£175
Flight of between 1,500km and 3,500km
7-14 days’ notice
Arrive up to three hours late at destination
£175
Flight of between 1,500km and 3,500km
7-14 days’ notice
Arrive more than three hours late at destination
£350
Flight of between 1,500km and 3,500km
Under seven days’ notice
Arrive more than three hours late at destination
£350
Flight of 3,500km+
7-14 days’ notice
Departs at least an hour earlier than booked flight
£260
Flight of 3,500km+
7-14 days’ notice
Arrive up to four hours late at destination
£260
Flight of 3,500km+
7-14 days’ notice
Arrive more than four hours late at destination
£520
Flight of 3,500km+
Under seven days’ notice
Arrive up to four hours late at destination
£260
Flight of 3,500km+
Under seven days’ notice
Arrive more than four hours late at destination
£520
Source: Civil Aviation Authority, compensation figure is per person.
If the airline is not helpful with your claim, or you feel you have not been treated fairly, then you may be able to take your complaint to an alternative dispute resolution scheme – if the airline is a member of one. Otherwise, you can take it to the CAA.
It’s worth bearing in mind that the above compensation rules apply if your flight is covered by UK law. To be covered, your flight must be either:
departing from an airport in the UK on any airline, or
arriving at an airport in the UK on an EU or UK airline; or
arriving at an airport in the EU on a UK airline.
If your flight isn’t covered by UK law, the CAA says passengers should get in touch with the regulator of the country they have travelled to or from to see if there is local legislation in place offering them consumer rights.
What about if you’ve booked a package holiday?
If your flight was booked through a package holiday with a travel agent or tour operator, you should get in touch with them.
Rhys Jones, travel insurance expert at Future’s sister website Go.Compare, said: “[Your provider] should make alternative travel and accommodation arrangements for you, as your trip should be covered under ATOL or ABTA protection.
“You won’t have this type of protection if you booked your flights and accommodation separately.”
Are you covered if you’ve taken out travel insurance?
Whether you are covered, and the level of cover, for flight delays or cancellations will depend on the terms and conditions of your travel insurance policy, so read the fine print.
Jones explained: “Some policies cover delays of up to 12 hours while others only cover you if you have been delayed for 24 hours or more.
“Your travel insurance might not cover the cost of the cancelled flight ticket itself, but it will likely include protection for the costs caused by the cancellation, like missed connections.
“This will depend on the compensation from your airline though, as they should refund the flight costs and insurers tend not to payout for costs you can recover from elsewhere.”
Sign up for MoneyWeek's newsletters
Join more than 165,000 subscribers and keep yourself informed with the latest financial news, insights and expert analysis to help you understand what really matters when it comes to your finances.
