LBC: All you need to know if you've been caught by the travel chaos
3 June 2022, 10:58
Half term has brought with it travel chaos with hundreds of flights being cancelled and airports struggling to process passengers through security, causing lengthy delays.
Most affected have been those travelling with British Airways, easyJet, Ryanair and TUI, although most other airlines have also been impacted.
Passengers have been contacting me all week with stories about cancelled and delayed flights, long delays at the airport and their struggle to get information from the airlines.
Some have simply wanted to know how they can get to their holiday destination and if they have the right to an alternative flights and others want compensation.
I have also heard many stories of airlines refusing compensation, stating the cause of the delay fell within the definition of ‘extraordinary circumstances’ (I explain what this is below) and leaving passengers to fend for themselves at the airport following flight cancellations and long delays.
So, here’s all you need to know if you’ve been caught up in the travel Armageddon this half-term:
What’s caused the chaos? Airlines and airports are suffering chronic staff shortages following mass redundancies and people leaving for different industries during long periods of COVID travel rules.
Many are now struggling to recruit quick enough and have been caught out with the need to train new recruits before they can be let loose on their new jobs.
My flight was delayed
Right to food, phone calls and accommodation: If your flight/delay fell/falls into one of these categories:
Flight distance How long the delay has to be
Less than 1,500km 2 hours
Between 1,500km and 3,500km 3 hours
More than 3,500km 4 hours
you will be entitled to:
- food and drink
- access to phone calls and emails
- accommodation if you’re delayed overnight - and journeys between the airport and the hotel
You can check the flight distance here: flight distance.
The airlines responsibility in relation to the above: Some airlines will provide you with vouchers at the airport for food etc. Many people have told me their airline failed to do this and simply left them to fend for themselves. Whilst this is terrible customer service, it does not break any rules. However, you are entitled to demand that the airline ‘reimburses’ you, although you will need to produce receipts to make a claim.
Note: Airlines only have to pay for ‘reasonable’ expenses - you will not be reimbursed for alcohol, expensive meals or luxury hotels.
Right to compensation: If your flight ARRIVES 3 or more hours late to your destination you will be entitled to compensation. This is thanks to a law known as UK261 (if your flight departed or landed in a UK airport) or EU261 If the flight was outside of the UK but to or from an EU airport.
Extraordinary circumstances: The airline does not have to pay compensation if the delay was caused by ‘extraordinary circumstances’ which is basically an event outside of its control. By way of example:
- Foreign and Commonwealth Office travel bans
- Drone disruptions
- Security threats
- Extreme weather - such as a snowstorm or volcanic ash
- Political or civil unrest
- Hidden manufacturing defects in the aircraft
- Industrial action unrelated to the airline - such as baggage handlers or air traffic control strikes
- Bird strike
- Natural disasters
- Disease outbreaks
- An unruly or sick passenger
However, the following events will not fall within the definition of extraordinary circumstances:
- Staff shortages
- Airline staff strikes
- Denied boarding because the flight was overbooked
- Technical problems with the plane identified during routine maintenance
- If your flight was delayed because a previous flight was affected by bad weather
The delays and cancellations which have been caused by staff shortages this half-term do not fall within the extraordinary circumstances definition and the airlines will therefore have to pay compensation.
My flight was cancelled
Refund or re-routing rights: If your flight was/is cancelled you have the legal right to either:
- a full refund - including other flights from the airline that you won’t use in the same booking such as onward or return flights; OR
- a replacement flight to get you to your destination
if you’re part-way through a journey and you don’t want a replacement flight, you also have a right to a flight back to the airport you originally departed from.
Compensation: If the flight was cancelled with less than 2 weeks’ notice being provided to you (which is the case with most of the recent cancellations) you will be entitled to compensation, unless: · you asked for a replacement flight (as opposed to a refund) and the your delay turns out to be LESS THAN 2 hours; or · the cancellation is caused by ‘extraordinary circumstances’ (as I have explained above with flights delays).
If you chose to get a replacement flight:
If your replacement flight fell/falls into one of these categories:
Flight distance How long the delay has to be
Less than 1,500km 2 hours
Between 1,500km and 3,500km 3 hours
More than 3,500km 4 hours
you will be entitled to:
- food and drink
- access to phone calls and emails
- accommodation if you’re delayed overnight - and journeys between the airport and the hotel
You can check the flight distance here: flight distance.
I missed my flight due to long security queues at the airport Lots of people have complained to me about this. Joe from Crawley told me that he queued at Amsterdam airport for 5 hours during which he missed his easyJet flight back to Stansted. Went he got to the front security would not let him through as he did not have a valid flight ticket (as his flight had left) so had buy a new ticket and join the back of the queue again!
Unfortunately, in these circumstances you have no claim against the airline as security is the responsibility of the airport. You are also highly unlikely to be successful with claiming compensation from the airport, so the only other option is to explore if you will be covered by your travel insurance.
I missed my flight due to a long queue at the check-in desk Some passengers have reported long queues at check in desks and bag drop at airports. This is the responsibility of the airline, even if it has outsourced the service to a third party meaning you will be entitled to compensation.
How do I make a claim? You must contact the airline first. In this respect, most airlines have an online form or other form of online system to lodge a claim and many airlines now stipulate in their terms of carriage that they will not entertain any claim unless the passenger personally lodges it directly with them. This means the airline will reject claims that initially come direct from a claims management company/law firm on the passengers behalf.
The airline has up to eight weeks to respond to your claim. If it fails to respond in this time or if your claim is rejected, ask if it is subscribed to an alternative dispute resolution scheme (ADR). If it is, you can lodge your claim with the ADR scheme for FREE (unless the airline is British Airways, in which case there is an ADR fee).
The two authorised schemes are www.cdrl.or.uk and www.cedr.com
