Affected by plane, train or ferry chaos? Your consumer rights explained

8 April 2022, 17:05 | Updated: 8 April 2022, 17:14

By Dean Dunham

@DeanDunham

There has been travel chaos this week with disruptions on the roads, on the trains and at airports and there’s more bad news for travellers as the chaos is going to continue into the Easter break.

A combination of staff shortages and maintenance works is causing mass delays and cancellations in the aviation and rail sectors, causing more people to take the roads.

If you’ve been caught up in the chaos or if you’re due to travel this Easter, here’s my guide to all you need to know ranging from how to check the status of your flight, to your rights if your flight, train or ferry is delayed or cancelled.

Air travel

The airports are under extreme pressure due to staff shortages, which have been blamed on Covid. Passengers at several airports, including Heathrow and Manchester have endured delays of up to several hours in security queues this week.

Airlines have also suffered with staffing issues, most notably British Airways and easyJet both cancelling large numbers of flights a trend that looks set to continue into the Easter break.

How do I check if my flight is cancelled?

Most airlines have a facility on their website to check the status of flights or will have a customer service number where you can ascertain this information. Here’s some of the key airlines details:

easyJet: You can check the status of your easyJet flight here

British Airways: You can check the status of your British Airways flight here

Jet2: You can check your Jet2 flight here, noting Jet 2 only post on this page if there is a problem:

Ryanair: Ryanair says it contacts passengers by text or email if a flight is delayed or cancelled. Despite this, my advice is to always check as I have heard many Ryanair passengers say in the past that they did not receive the text or email.

What if my flight is delayed?

Right to food, phone calls and accommodation:

If your delay 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

How long the delay has to be depends on the distance of the flight and the countries it's flying between.

You can check the flight distance on the WebFlyer website.

Some airlines will provide you with vouchers at the airport for the above. If your airline does not do this you will need to keep your receipts for expenses and then send them to the airline for reimbursement

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.

Note: 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 such as severe weather or a security risk. Staff shortages do not fall within this.

What if my flight is cancelled?

i) Refund or re-routing rights:

If your flight 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
• 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.

ii) Compensation:

If the flight cancelled with less than 2 weeks’ notice being provided to 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’ which is basically an event outside of its control such as severe weather or a security risk. Staff shortages do not fall within this.

If you get a replacement flight

If you have to wait long enough for your replacement flight, the airline legally has to help you with things you need. This includes:

• Food and drink
• Access to phone calls and emails
• Accommodation if you’re delayed overnight, as well as journeys between the airport and the hotel

How long the delay has to be depends on the distance of the flight and the countries it's flying between. You can check the flight distance on the WebFlyer website.

Flight distance How long the delay has to be

More than 3,500km 2 hours

Between 1,500km and 3,500km 3 hours

More than 3,500km 4 hours

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 8 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).

Rail travel

It has been announced that MAJOR train stations will be shut over Easter due to engineering works, including London Euston, which will be closed to all services from the 15th to 18th April.

Southern and Gatwick Express trains are also all cancelled through London Victoria, Britain's third busiest station, this weekend.

The closures will affects hundreds of thousands planning an Easter getaway.

What if my train is cancelled?

Most rail providers say they will contact passengers via email if a service is cancelled. If your train is cancelled you will have the right to

• Travel on alternative trains;
• A travel voucher; or
• A cash refund

You get to choose which of these remedies to accept.

What if my train is delayed?

If you booked an Advance ticket with a UK train firm through its website or app, you will be covered by the Automatic Delay Repay scheme, meaning you will not need to submit a claim if you’re delayed by 15 minutes or more.

You're eligible for Automated Delay Repay if you:

• Booked an Advance ticket through the rail firm site or app;
• Signed up to ADR emails with the rail firm.

If you are not covered by the Automatic Delay Repay scheme you will need to look at your train firms terms and conditions to see what your rights are.

How do I claim?

If the Automatic Delay Repay scheme does not apply, take these steps:

1. Look up the train company running the service and find out how much you can get back.
2. Make a note of the delay and the reason for it. Fill in the train firms online claim form.
3. Keep hold of your tickets – you'll need to take a photo of them or scan them if applying online or post them to the train company if claiming that way.
4. Apply within the time limit of 28 days.

Ferry travel

Ferry operators are also being cursed with staff shortages and of course we also have the P&O debacle causing significant disruptions.

What if my ferry is delayed?

If your ferry is delayed you will be entitled to compensation of 25% of the ticket price for the affected part of your journey, if you’re delayed for at least:

• One hour for a journey of up to four hours
• Two hours for a journey of between four and eight hours
• Three hours for a journey of between eight and 24 hours
• Six hours for a journey of more than 24 hours

If the delay is more than double the times set out above, your compensation will be 50% of the ticket price.

The ferry operator must pay compensation within one month of submission of your claim.

Note: Ferry companies do not have to pay compensation if the delay was caused by:

• Weather conditions endangering the safe operation of the ship
• Extraordinary and unavoidable circumstances that hindered the sailing.

What if my ferry is cancelled?

If your ferry service is cancelled or departure is delayed for more than 90 minutes, you should be offered the choice between:

• An alternative sailing at the earliest opportunity at no additional cost
• Reimbursement of the ticket price within seven days.

If you opt for an alternative crossing, you're still entitled to claim compensation for the delay to your original journey.

What if my claim is rejected?

If you believe the ferry company has not acted in accordance with the obligations detailed above, you should:

1. Write to the company detailing your concerns within two months of the delay.
2. The ferry company should respond within one month of receipt of your complaint saying whether your complaint has been accepted, rejected or is still being considered.
3. The ferry company should provide you with a final reply within two months of receipt of your initial complaint.

If the ferry company doesn't respond or you're unable to resolve your complaint, you can contact ABTA