Transport Delays or Cancellations and Your Rights

It's every traveller's worst nightmare - you get to the airport and your flight is either subject to horrendous delays or cancelled altogether. You're left sitting in a crowded departure lounge with a crying toddler and a face like thunder.

But you do have some comeback. The European Union passed a new regulation in 2005 which entitles unhappy travellers to payouts for cancellations and flight delays. The regulation, in case you need to quote it, is: EU Regulation 261/2004

What Are My Rights if My Flight is Delayed?

Firstly, keep an eye on the airport information boards. One problem that often comes up is that you wait hours for your flight and they change the departure terminal at the last minute, causing a stampede towards whichever terminal you've been sent to... While you're hanging around, the airline will be expected to look after you - well after a fashion. You're entitled to free meals and drinks if your flight is delayed for:

  • over two hours on flights up to 1500km
  • over three hours for journeys between 1500 and 3500 km
  • at least four hour delays for flights over 3500km

You can also claim two phone calls, emails or faxes while you wait!

If the flight is delayed for longer than five hours, you can ask for your money back on the ticket and go home - or if you stick it out and the delays carry on overnight, they should pay for your hotel room for the night.

What Am I Entitled to if The Flight is Cancelled?

You could be entitled to up to €600 if your flight is overbooked or simply cancelled. This will depend on how much time there was between the cancellation and the time of the flight, the distance, and if you've experienced delays getting to your final destination. This rule only applies to flights departing from an EU destination, or where the final destination is an EU airport.

How Much Compensation Can I Claim?

  • Flight length up to 1500km, delay up to two hours - €125
  • Flight length up to 1500km, delay more than two hours - €250
  • Flight length 1500km to 3500km, delay up to three hours - €200
  • Flight length 1500km to 3500km, delay more than three hours - €400
  • Flight length more than 3500km, delay up to four hours - €300
  • Flight length more than 3500km, delay more than four hours - €600

If you decide not to travel you are entitled to a refund of the parts of the ticket you didn't use. You should get this within seven days. If a connecting flight has been cancelled, but you decide you don't want to carry on with the journey, you could claim reimbursement of the total price of your ticket - and that includes the onward and return parts of the journey that are no good to you anymore. You should also get a free flight back to where you departed.

What Should I Do?

The first thing you must do if you've suffered from a delay or cancellation is get in touch with the airline straight away, and tell them that you intend to claim compensation. If they are no help, contact the Air Transport Users Council.

Consumer Advice Line: 020 7240 6061 (Consumer advice line Mon to Thurs 9.30am to 2.30pm)

Airlines do have some get out clauses here - they can wriggle out of paying you any compensation if cancellations are due to 'extraordinary circumstances' - which means that extreme weather conditions, security risks and strikes aren't covered - but if your delay is due to technical problems with the aircraft you're still OK.

There are penalties for operators who don't follow the rules, and they can be fined up to £5000 per passenger if they omit to pay out the required compensation. So it's in their interest to make sure that they do. Hopefully your trip will go according to plan - but knowing what you're entitled to if it doesn't is always a bonus...