Ongoing conflict in the Middle East has caused disruption to many international flights from the UK. Passengers experiencing flight delays or cancellations still have important rights under UK261. These include the possibility of compensation and assistance from airlines. This article explains when compensation may be available and what passengers should do if their flight is affected.
Previously, British travellers were afforded protection under EU law. Following Brexit, the European Union (Withdrawal) Act 2018 preserved these protections in UK law.
The current legislation, commonly referred to as UK261, requires airlines to inform passengers of cancellations and, in certain circumstances, allows passengers to claim compensation for delays or cancellations.
Can I claim compensation?
Crucially, passengers are unable to claim compensation when delays or cancellations are outside the airline’s control, known as “extraordinary circumstances”. The current situation in the Middle East may be interpreted as such.
What if my flight has been cancelled for another reason?
If you believe you are eligible for compensation, you must submit your claim to the airline you travelled with. If you are not satisfied with their response, the matter can be reported to the Civil Aviation Authority (CAA).
Compensation for delays is generally categorised as follows:
- Short-haul flights (under 1,500 km) delayed by more than 3 hours – £220;
- Medium-haul flights (1,500 km – 3,500 km) delayed by more than 3 hours – £350;
- Long-haul flights (over 3,500 km) delayed by more than 4 hours – £520.
Airlines may defend claims in certain circumstances. However, they cannot avoid paying compensation due to staff sickness, including Covid-19. In Lipton v BA City Flyer Ltd (Court of Appeal), the court commented:
“Staff illness, and the need to accommodate such illness on a daily basis, is commonplace for any business. It is a mundane fact of commercial life: it is in no way out of the ordinary.”
What other rights do I have?
UK261 provides additional protections for passengers on flights covered by UK law. It applies where a passenger is:
- departing from an airport in the UK on any airline;
- arriving at an airport in the UK on an EU or UK airline; or
- arriving at an airport in the EU on a UK airline.
Additionally, UK261 requires that:
- there is a confirmed reservation on the flight;
- the passenger has checked in at the correct time, or no later than 45 minutes before the published departure time;
- the passenger was not travelling for free or on reduced fares unavailable to the public (frequent flyer passengers are eligible).
Where flights meeting these criteria are cancelled, the airline must offer a full refund or an alternative flight. Airlines must also assist passengers when journeys are disrupted, including:
- Providing regular updates: the airline must provide up-to-date information via its website, apps, and social media.
- Food and drink: the airline must provide food and drink (or vouchers) for delays of more than two hours on a short-haul flight, three hours on a medium-haul flight, or four hours on a long-haul flight. If the airline cannot provide this directly, reasonable costs should be reimbursed.
- Accommodation: if the flight is delayed overnight, passengers are entitled to a hotel and transport to and from it. Airlines normally arrange this.
- Means of communication: the airline must provide a way to communicate with family or others. In most cases, this involves reimbursement for reasonable communication costs.
What if my flight is not covered by UK261?
Passengers travelling on flights outside UK261 regulations should check directly with their airline or travel agent to determine available assistance. If stranded abroad, contact the Foreign, Commonwealth & Development Office (FCDO) for guidance: Foreign, Commonwealth & Development Office – GOV.UK.
Summary
Passengers are unlikely to be eligible for compensation where flights are cancelled due to the conflict in the Middle East, as this may constitute an extraordinary circumstance.
However, for flights covered by UK law:
- passengers are entitled to a full refund or replacement flight where services are cancelled; and
- airlines must provide appropriate assistance in the event of disruption or delay.
If you are currently abroad or planning to travel, foreign travel advice is available from the FCDO. Further information about passenger rights can also be obtained from the Civil Aviation Authority.
