April 2008 - What are your rights if your flight is cancelled?

With the summer holiday season fast approaching, the recent chaos at Heathrow’s Terminal 5 has caused many would-be travellers to seek clear information on the compensation they are due in the event of a cancellation or excessive delay.

According to Kevin Modiri of Bakewells Solicitors in Derby, “Fortunately, legislation called the European Union Denied Boarding Regulation is there to protect anyone departing from an EU-based airport, or anywhere else if they are flying with an airline which has its headquarters or main place of business within the EU.

This legislation forces airlines to pay compensation in the event of a cancellation, delay or overbooking unless they can prove ‘extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken’.”

To qualify for compensation you need to have a confirmed reservation and to have checked-in on time for your flight. The rules are:

• Cancellation: you should be offered a choice of refund or re-routing to your final destination, as well as ‘assistance’ (where appropriate covering food, drink, accommodation, transfers, phone call, faxes and emails). You may also be eligible for financial compensation depending on how far you are travelling and how long you are delayed by the cancellation, as follows:

• €125 on a journey of up to 1,500km delayed by up to two hours
• €250 on a journey of up to 1,500km delayed for more than two hours
• €200 on a journey of 1,500km-3,500km delayed by up to three hours
• €400 on a journey of 1,500km-3,500km delayed by more than three hours
• €300 on a journey of more than 3,500km delayed by up to four hours
• €600 on a journey of more than 3,500km delayed by more than four hours

• Delays: if your flight is delayed, but you do fly on the flight you booked, you have a clear right to refreshments and, where necessary, overnight accommodation.
• Overbooking: if a flight is overbooked, an airline is obliged to call for volunteers who agree not to fly in exchange for the same benefits they would receive if the flight were cancelled. If there are not enough volunteers, people denied boarding against their will are entitled to immediate financial compensation identical to those for cancellation.

According to Kevin Modiri, “Despite the rules, people can sometimes feel they’ve been treated unfairly. In such cases, you should talk to a solicitor to find out if you have a case against the airline.”

Anyone wishing to discuss their situation should contact Bakewells on 01332 348791 to talk about their circumstances.

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