THE great Easter getaway has descended into chaos, with hundreds of flights cancelled along with delays to ferries and Eurotunnel.
As well as mass cancellations, furious customers have complained of long queues and delays in airports due to staff shortages.
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There has been a surge in the number of bookings after most pandemic travel restrictions came to an end.
But that has coincided with a severe shortage of staff, which is down to both the very high Covid levels at the moment and recruitment problems in replacing the high number of people who left the aviation industry during the pandemic.
Bosses have warned the delays could last MONTHS and Manchester mayor Andy Burnham has even warned police could be drafted in to deal with scenes at the city’s busy airport.
So what can you do if your holiday has been disrupted? Here Coby Benson, a solicitor at Bott and Co, who specialises in flight delay compensation, talks you through your rights – including one ‘third option’ flyers rarely know they’re entitled to.
Flight cancelled? Get a full refund
Picture the scene. You’ve packed your bikini and sunscreen for a sunshine break, only to be told your flight has been cancelled.
You might be in the airport or you might not have made it that far.
Coby said: “You are entitled to a full refund and this should be provided within seven days.
“You need to contact the operating air carrier, which isn’t always the same airline you thought you were flying with. For example, if you thought you were catching a Virgin flight to New York, the carrier may actually be Delta.
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“You’ll find this information on your booking documents. The refund should be provided within seven days.”
At the height of the pandemic, some airlines dragged their feet over issuing refunds due to the volume they were dealing with. Money Saving Expert Martin Lewis warned that could happen again with a surge of cancellations.
Others urged passengers to accept credit vouchers, but you are entitled to a cash refund.
Next available flight
If your flight has been cancelled but you still want to travel abroad as planned, your airline should put you on the next available flight – even if that’s on a different carrier.
Coby said: “You are entitled to a replacement flight, provided free of charge at the earliest availability.
“If say you planned to fly to Amsterdam with Easyjet and they email you with the offer of a flight the following day, but there is another airline operating an earlier one, they should pay for that flight.
“They should, but they don’t always do it.”
Coby said another option, if you find an earlier flight to the one you’re offered, is to book it yourself and claim the cost back from the airline. But it’s risky.
He said: “They should pay, but it doesn’t mean they will make it easy.”
If your replacement flight is the following day, the airline is obliged to help you with food and drink, accommodation and access to phone calls and emails.
Go away another time – even if flight price rises
If you can’t fly when you planned, you might decide you would prefer to take the same holiday at a later date.
This is your third option.
Coby said: “Most people don’t know about this one as it’s rarely used but you are entitled to a replacement flight at a later date, subject to availability of seats.
“You can get a ticket for another day, in a month’s time, in six months’ time, in the summer, in the winter, even at Christmas. Even if the flight has gone up in value, you can still insist the airline provides it.
“That right exists on paper. Whether or not the airline readily complies is a different question.”
Compensation for delayed flights
If your flight is delayed by more than five hours, you are legally entitled to a full refund.
This also applies to any onward or return flights that you won’t be able to use in the same booking because of the delay.
Again, you need to go to the operating air carrier to claim.
However, you can also claim if your flight is delayed by less than five hours.
You can claim for £220 per person on shorter journeys, and £520 on longer distances.
To claim compensation, your flight needs to have departed from a UK airport, arrived into a UK airport and was with a UK or EU airline or arrived into the EU and was with a UK airline.
If these don’t apply, you need to contact the airline.
Coby said: “If you arrive more than three hours later than scheduled, you can claim compensation.
“That’s per person so for a family of four, that can be quite a considerable amount.
“You can also claim for food and drink during the delay. They won’t pay you to sit in the bar and drink champagne all afternoon, but if you need to keep your family fed and watered, they should reimburse you. Keep your receipts.”
Often the airline will provide food and drink vouchers for you to use in the airport if you are delayed, so check with a rep first.
Coby added: “When a flight is cancelled, compensation is paid on top of a refund or replacement flight.”
When your claim might be denied
Coby said: “The only excuse airlines rely on is ‘extraordinary circumstances.’
“This is a hotly contested subject.
“In my view, I feel very strong that this isn’t an extraordinary circumstance. It’s unfortunate so many people are ill with Covid, but it’s not out of the ordinary, particularly two years into this pandemic.
“Staff sickness is an inherent part of any business.”
According to EU Regulation EC 261/2004, extraordinary circumstances include bad weather, an air sector strike, political circumstances such as a terror attack and natural disasters.
One example was, in 2010, when a volcanic ash cloud grounded millions of passengers in Europe.
If you find yourself stuck
If your departure time keeps getting later and later and it looks like you may have to stay somewhere overnight, you should try to speak to an airline rep in the first instance.
They will be able to tell you if they are putting passengers up in a hotel.
They’re not necessarily easy to find, so you might be best going to the airline’s app and using a live chat function.
If the airline doesn’t sort your accommodation, Coby said you can book a room and claim this back too. Again, keep your receipts.
What if they don’t pay?
Most air carriers will have an online form to fill in if you are claiming compensation or a refund.
If the carrier comes back and declines your claim, it should also point you in the right direction of an ADR – an Alternative Dispute Resolution.
According to Citizen’s Advice, these are quicker and less stressful than going to court.
Coby said: “This is an independent scheme to adjudicate on disputes. They will review your claim and if they decide the airline should pay, then they are obligated to pay.
“If your claim is declined, they should give details of which ADR they are signed up to.
“You can also find a list on the Civil Aviation Authority website.
“Not every airline is signed up to it though.”
If the airline isn’t signed up to an ADR, you can complain to directly to the CAA.
If those two routes fail, you could go to court but you will have to pay a fee to do this which depends on the amount you’re claiming, for example if you are claiming between £500 – £1,000, the fee is £70.
You may be able to apply for help towards the fee if you are on a low income or certain benefits.
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This post first appeared on thesun.co.uk
