Was the flight canceled or postponed by Storm Pia? Here’s how to file a lawsuit for compensation

By | December 22, 2023

If your flight is canceled, you may be entitled to compensation – Bav Medya

Christmas travel plans have been thrown into chaos as hundreds of flights across Europe have been canceled due to Storm Pia.

KLM alone stopped more than 200 services and British Airways grounded 24 routes as winds of up to 80 miles per hour and heavy rain caused damage. The Met Office issued a yellow weather warning on Wednesday and the disruption is expected to last until at least 9pm on Thursday.

Amsterdam Schiphol Airport warned that “a significant number of flights will be delayed or canceled” on Thursday and Friday.

If you’re the victim of cancellations or delays, it’s helpful to know what you’re entitled to. Here is our guide to your legal and compensation rights. You can find further advice on immediate practical steps here.

What rights do I have if my flight is cancelled?

If your flight to or from a UK or EU airport (or on a UK/EU airline) is completely canceled for whatever reason, your airline must offer you either a full refund or a seat on the shortest possible alternative flight. is working with a rival operator.

If you want to request a refund, contact your airline directly, but note that doing so will waive your right to be placed on another flight.

If you choose an alternative flight, it is your choice whether to take the next available flight or travel at a later date. If you decide to travel at a later date, you can claim compensation for reasonable expenses such as overnight accommodation and telephone call costs.

If you’re flying to a different airport, the airline must also cover onward travel costs, but you should keep expenses to a minimum (for example, taking the train from Heathrow to Gatwick rather than a taxi).

What if my airline cannot provide an alternative flight ticket?

If the airline cancels your flight and you cannot offer an alternative, you must make your own arrangements and request a refund at a later date. Once again, you should keep costs to a minimum, choose the cheapest route possible and stay in budget hotels if necessary. Keep your receipts as well as evidence such as screenshots to prove you purchased the cheapest tickets available.

My flight has been delayed: What support am I entitled to?

In the event of a long delay (see below) and regardless of the reason, airlines must provide food and drinks appropriate to the time of day (often in the form of a voucher) and a means to communicate your delay or refund. cost of basic phone calls. For overnight delays, you must be provided with hotel accommodation and transportation there, or return home if you are out. In the event of a major outage, you may need to make your own arrangements and claim the cost back. Be reasonable when booking accommodation; Don’t expect a full refund for an expensive hotel unless there is no alternative. Receipt is important.

Long delay means, for short flights (up to 1,500 km), two hours or more; for medium-distance trips (1,500 to 3,500 km), three hours; four hours for longer trips.

Can I get compensation if my flight is delayed?

To claim additional cash compensation, the delay must be the airline’s fault (this does not include severe weather conditions or IT failures, for example) and must cause a delay of three hours or more beyond the scheduled arrival time.

Can I get compensation if my flight is cancelled?

Again, only if the airline is responsible for the cancellation of your flight. Otherwise (as stated above) you will only be entitled to a refund or a seat on an alternative flight.

If the cancellation is the airline’s fault, similar rules and compensation amounts apply for delays, with special conditions and changes depending on how far in advance the flight is canceled (see caa.co.uk/consumers). See below to find out how much you may qualify for.

Which flights are eligible for compensation?

Under current EU and British law, to be eligible for compensation you must be departing from or arriving at an airport in Britain or the EU (including Iceland, Norway and Switzerland) on any airline. The rules also applied to anyone traveling anywhere else on an EU or British airline; but a recent EU court decision means some long-haul flights to the UK via EU airports are now excluded. Read more about the rule change here.

How long can I wait for a delayed flight?

For delays of three hours or more due to the airline’s fault, you are entitled to a cash payment of £220 for short flights and £350 for flights of 1,500-3,500 km. For flights over 3,500 kilometres, £520 must be paid for a delay of three to four hours. If there is a delay of five hours or more, you do not have to board the flight and you will be entitled to a full refund within seven days.

However, as we mentioned before, these amounts are not valid in all cases. If your delay is caused by bad weather conditions, for example, you will not be entitled to compensation.

What is covered?

You should receive compensation for delays caused by many things within the airline’s control, including technical issues such as component failure and general wear and tear. The Civil Aviation Authority (CAA) said the airline’s own staff strike was its responsibility and could mean a right to compensation. This may depend on how far in advance the carrier gives you notice of the outage.

What is excluded?

Compensation is not payable in “extraordinary” circumstances such as war or civil unrest, security issues, natural disasters, extreme weather conditions (including the airport’s inability to de-ice aircraft in time or wildfires), air traffic control restrictions, airport strikes, etc. personnel, onboard medical emergency and some crew issues. These are unforeseen emergencies and airlines are not responsible for them.

How long does it take to make my request?

You can claim to be eligible for delayed flights from the last six years. The airlines tried to limit the claims to the last two years, but this was rejected by the courts.

Can I request if a shorter delay means I will miss a connecting flight?

Yes, if all flights operate under the same booking reference and the connection is made at an EU airport. For example, if you need to fly from London to Buenos Aires via Madrid and you miss your connection in Madrid because the flight from London was delayed by an hour, you can claim long-distance compensation for the delay in arriving at your destination. The final destination, in this case Buenos Aires, takes more than three hours.

Can I request a delayed flight outside the EU with a non-EU airline if my journey started in the UK?

It depends. For example, if you are flying London-Dubai-Singapore and your London-Dubai flight is delayed by more than three hours, you can claim. However, if the delay was in the Dubai-Singapore sector, you would probably not be entitled to compensation. Additionally, no compensation will be paid for delays to any part of your flight back to the UK.

The airline offered me a voucher as compensation, what should I do?

It is your choice whether to accept them or not. The regulation says the airline must pay compensation in cash.

I submitted a claim for compensation to the airline but was told the delay was due to ‘extraordinary circumstances’. What will I do next?

Double check if you have a case by reading CAA’s ‘Delays and Cancellations’ information at caa.co.uk/passengers. If you decide to make a claim and the airline does not resolve it within eight weeks, most major airlines are members of the Alternative Dispute Resolution Scheme (listed by the CAA), so you can escalate the issue to the appropriate agency.

If ADR is not available, your options are as follows. If your delayed flight departed from a UK airport, you can ask the CAA’s Passenger Advice and Complaints team to review your case; If you have a valid request, the team will contact the airline on your behalf. Use the online form to submit details of your complaint, including copies of supporting information.

However, most major airlines have signed up to the Alternative Dispute Resolution Programme, in which case the CAA will no longer investigate the complaint. In these cases, if your case is not resolved after eight weeks, you can apply for ADRS; these are listed by the CAA.

If your flight departed from another EU country, you will need to contact the National Enforcement Body (NEB) in the country where the airline is based. The NEB will eventually (usually months later) make a written decision on your request. This is not legally binding but most airlines pay at this point.

Is there another way to track my request?

You can take a UK-based airline to court after receiving a written refusal. Use the Money Claim Online service, which costs £35 (up to a maximum of £1,000) depending on the value of your claim. This service covers England and Wales only. For Scotland, visit scotcourts.gov.uk; For Northern Ireland, visit Courtsni.gov.uk.

I have concerns about all the form filling. Is there any other way?

Some experts will handle your claims on your behalf, without gain and without charge, although they may take around 30 percent of the payment. For example, try Bott & Co (01625 415800; bottonline.co.uk), which deals with flights departing from or arriving in England and Wales and available flights from UK-registered airlines. The website has a free flight check to find out if you have a valid claim. Netherlands-based EU Claim (020 3318 3583; euclaim.com) also operates a similar type of service.

How about travel insurance for delays?

Your travel insurance policy will probably offer compensation for a delay, but in most cases this will probably be a ridiculous amount – say £20 – and even then it’s only available after a very long delay (usually 12 hours or more).

What about other arrangements I’ve paid for?

If you have booked a rental car, hotel, villa or other accommodation independent of your flight and your trip is delayed or you are unable to travel, the airline is not responsible for any damage you may suffer. You are still responsible for paying the bill.

What happens if my airline goes bankrupt?

If you have booked a seat-only ticket on a charter flight or are on a package holiday, the CAA under the Atol protection scheme will arrange a refund or take responsibility for repatriation if you are abroad.

In this case, they can request a refund from the card company. But stranded passengers may still lose out because they will have to buy a new ticket home, which will likely cost more than the original.

What can I do to protect my scheduled flight tickets?

In addition to paying by credit card, you can also get insurance. Some policies provide coverage for an airline’s failure. This is often called Scheduled Airline Malfunction Insurance (SAFI). The level of this protection varies, but Travel Plus – offers cover up to £2,500 not only for losses on airline tickets and the extra cost of changing flights, but also for items such as villa deposits that you might lose if you can. I cannot travel due to airline failure. Check with your provider if they offer SAFI cover; may be an optional extra.


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