Holiday from hell - Part 1: Flight delays and compensation

This article was written by DAS Law and published by ARAG

Flight delays and cancellations can be incredibly frustrating, often disrupting travel plans and causing significant inconvenience. However, passengers may be entitled to compensation depending on the circumstances. When can you receive compensation? And what types of compensation are available?

Can I claim compensation if my flight is delayed?

There is legislation which entitles you to reimbursement. Under the EU Denied Boarding Regulations – or Flight Compensation Regulation (EC No 261/2004) which has become part of UK Law – you are entitled to free food and phone calls at the airport as well as compensation in certain circumstances, if:

You were travelling with an airline based in the UK/EU or flying with a non-EU airline from an airport in the UK/EU.

You had a confirmed booking and checked in on time (or 45 minutes before departure if no check-in time was specified).
If your flight is delayed for five hours or more, but is not cancelled, you can also choose not to travel and instead receive a full refund for your ticket.

How do I know if I am eligible to claim compensation?

When it comes to compensation, airlines have one get-out – extraordinary circumstances. That is, if the delay was caused by something beyond their control, the airline is not obliged to pay compensation.

Situations which are likely to be deemed out of the airline’s control are:

– Weather problems, such as the volcanic ash cloud emanating from Iceland in 2010;

– Security risks and pollical unrest in the destination country;