Travel Disruption
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Frequently Asked Questions
1. Problems with the outbound flight
(a) What if the flight is cancelled?
All airlines, when flying out of the UK, have obligations under the EU Denied Boarding Regulations. They must offer customers the choice of a replacement flight at the earliest opportunity, or reimbursement of the ticket price.
If the customer chooses the replacement flight, they’re entitled to meals and refreshments in a reasonable relation to the waiting time, plus two free phone calls, faxes or emails. If the replacement flight is going the next day or later, the airline must also provide hotel accommodation and the necessary transfers.
Customers that have booked a package holiday are entitled to be offered an alternative by their tour operator, if the tour operator is able to do so. If this alternative is a significant change to the holiday (generally a change of more than 12 hours on a 14-night holiday is considered to be a significant change) then the customer must also be offered the choice of a refund. This is a refund of the full package price, not just the flight element.
Customers should also contact their travel insurance providers to determine what cover is available under their policy.
(b) What if the flight is delayed or planned to be delayed?
All airlines, when flying out of the UK, have obligations under the EU Denied Boarding Regulations. If the delay is more than 5 hours, the airline must offer a refund of the ticket price. For shorter delays, it has certain obligations as regards meals and refreshments in a reasonable relation to the waiting time, plus two free phone calls, faxes or emails. These depend on the length of the delay and the length of your flight.
In terms of package holidays, if the delay results in a significant change to the holiday then again the tour operator must offer the choice of an alternative, if they can, or a refund. Where the flight is delayed and it isn’t clear whether a significant change will result, the tour operator doesn’t have to offer an alternative or a refund until they’re constrained or forced to make a significant change, i.e. when there‘s no prospect that the delay will only lead to a minor change. A significant change is generally taken to be 12 hours on a 14-night holiday.
In addition, customers should contact their travel insurance providers to determine what cover is available under their policy.
(c) What about additional compensation?
Compensation, including compensation for lost time on holiday, isn’t due from airlines or from tour operators because the cause of the disruption is an unusual event outside their control.
Again, customers should contact their travel insurance providers to determine what cover is available under their policy.
(d) What is the position for customers that have booked accommodation separately?
When flights are cancelled, customers travelling on package holidays are entitled to a full refund. However those that have booked other services, such as accommodation, separately to their flight might not be able to recover the cost of these. A refund would be down to the accommodation supplier, having regard to the terms of the contract or their discretion. In addition, customers should contact their travel insurance providers to determine what cover is available under their policy.
2. Problems with the return flight
(a) Do I have rights to re-routing, and meals etc, under the EU Denied Boarding Regulations?
You do if the airline is an EU airline or any airline if the flight is departing from an EU country. If the flight is cancelled the airline must offer you re-routing at the earliest opportunity, or reimbursement for the part of the journey not made. If you choose re-routing you’re entitled to meals and refreshments in a reasonable relation to the waiting time, plus two free phone calls, faxes or emails. If the replacement flight is going the next day or later, the airline must also provide hotel accommodation and the necessary transfers.
If the flight is delayed and the Denied Boarding Regulations apply, the airline must offer meals and refreshments depending on the length of the delay. If the delay goes over 5 hours it must offer a refund for the part of the journey not made.
(b) What if I’m not flying from an EU country or on an EU airline?
Non-EU airlines, flying in from a non-EU county, do not have this obligation. They should be asked whether they will voluntarily provide assistance as part of a customer service policy.
(c) What is the position of a package customer who hasn’t been able to fly home?
Customers on package holidays will be provided with replacement transport home when possible.
Tour operators have an obligation to provide prompt assistance to their customers. In particular, they should liaise with the air carrier to ensure that the customers’ rights under the Denied Boarding Regulations are met by the carrier (see above). Other assistance should be provided by the tour operator in accordance with their contractual customer welfare policy.
In addition, customers should contact their travel insurance providers to determine what cover is available under their policy.
(d) What if the customer’s return flight was delayed and they incurred additional expenses?
Customers flying from an EU country, or on an EU airline, are entitled to receive, from the airline, meals and refreshments appropriate to the length of the delay, and overnight accommodation if the expected departure time is at least the next day. Additional expenses on top of that are the responsibility of the customer, however, as these are exceptional circumstances.
In addition, customers should contact their travel insurance providers to determine what cover is available under their policy.
(e) What is the position if the customer has made their own way home and not waited for the airline to organise arrangements?
If the customer didn’t take the replacement flight offered by the airline, they’re entitled to a refund of the return portion. They’re not entitled to additional payment to cover the cost of the alternative they arranged themselves, however.
In addition, customers should contact their travel insurance providers to determine what cover is available under their policy.
3. How does “force majeure” come into this situation?
The fact that the disruption is clearly being caused by an exceptional circumstance, doesn’t affect the basic obligations described above on airlines and tour operators. It only means that customers aren’t entitled to additional compensation on top.
4. What if I'm unable to get to the airport?
You must make every effort to get to the airport if your flight is not cancelled. However if you are unavoidably delayed due to problems with public transport or the roads you should be able to make a claim under your travel insurance. Your tour operator or airline may also be in a position to assist you to rebook.
