If a flight is cancelled, you can claim compensation for the flight cancellation under air passenger regulations if:
If the flight is cancelled through no fault of the airline, you are entitled to a replacement flight or rebooking, or you can claim back the ticket costs, including any additional costs for seat reservations or luggage. You do not have to accept vouchers.
If the cancellation occurs at very short notice, the airline is to blame, and no replacement flight is offered, you can claim both compensation and a ticket refund.
If your flight arrives at its destination with a delay of more than 3 hours, you could potentially be eligible for compensation and you can make a claim, provided that the airline is responsible for the delay. Additionally, if the delay results in long waiting times at the airport the airline is required to provide you with complimentary drinks and snacks.
To ensure that flight connections operate at full capacity, airlines can regularly overbook flights. If the airline informs you that your flight is overbooked and you cannot travel as planned, you can ask the airline for a prompt replacement flight or ticket reimbursement. Compensation may apply providing you did not voluntarily give up your seat and your flight meets the eligibility criteria.
Whenever air traffic control, airport staff or airline employees go on strike, there are frequent delays in flight operations. In principle, you have comprehensive rights as a passenger even during a strike. For example, you are entitled to a replacement transport at the next possible time. If there are long waiting times at the airport, you are entitled to free refreshments in the form of snacks and drinks and even hotel accommodation from your airline.
If your departure is delayed by more than 5 hours, you have the right to withdraw from your flight. The airline must then refund the ticket price. If the airline staff go on strike, you may be entitled to compensation in the event of a flight cancellation or a lengthy delay.
In order to qualify for compensation, your total delay on arrival should be 3 hours or more. It is important to note that claiming compensation can be challenging if your connecting flight was operated by a different airline or if the connecting flight occurred outside the EU. Additionally, the availability of compensation can also depend on whether you allowed sufficient time for the transfer when booking your connecting flight. Air Delayed will review your claim in consideration to all the eligibility criteria.
The recent technical issues affecting the UK Air Traffic Control system, is deemed beyond your airline’s direct influence and is considered an ‘extraordinary circumstance’. Consequently, the airline is not obligated to provide compensation to passengers for any delays or flight cancellations. Nevertheless, your airline is committed to either rescheduling your flight or issuing a refund. They are also responsible for offering you support, including provisions for food, beverages, or overnight accommodations when deemed necessary.
Yes, you can make a claim for all passengers that travelled with you, however they will need to be under the same booking otherwise separate claims will need to be made. Children under 2 years of age are not entitled to compensation because they either share a seat, or can travel at a reduced rate.
Airlines will sometimes contact you directly once we have started the claims process with them. If this does happen, we ask that you contact us and if possible send us the correspondence sent to you, to ensure there are no delays in your claims process. If your claim is successful and the airline pays you directly, we will still be entitled to our fee to cover the costs we have incurred in accordance with our Terms & Conditions.
Airlines could reimburse you for expenses directly linked to your delay or cancellation, such as food and beverages purchased at the airport, or hotel accommodation during a lengthy layover. It is important to retain your receipts though as they are usually required for such claims. If you have incurred such expenses you will need to claim these directly via the Airline.
In principle, airlines do not have to pay compensation if the cause of the flight problem is beyond their control. These are referred to as “Extraordinary Circumstances”. Extraordinary Circumstances include events such as strike action by air traffic control or airport staff, severe weather conditions, acts of terrorism, airport and airspace closures, border closures and natural disasters like volcanic eruptions.
If for example, a flight is delayed or cancelled due to bad weather, you as a passenger are not entitled to compensation, but the airline still has obligations towards you under the UK & EU Passenger Rights Regulations.
Yes, Air Passenger Rights Regulations also apply to package holidays. If your flight is cancelled or delayed, you are potentially entitled to compensation even if you booked with a tour operator.
Airlines often employ a defence strategy where they dispute our legitimate entitlement to the assigned claim, or question the authenticity of the signature on the assignment document. By doing so, they look to prolong the legal proceedings with the aim of preventing us from providing evidence of the claim in court. Their hope is that the effort required from the passenger or the fear of legal action will deter them, resulting in potential cost savings for the airline.
We believe, the simplest approach is to respond to the court truthfully and concisely and provide the answers as requested. In many cases, this can be done in writing, allowing you to avoid appearing in court in person. If you have any questions or encounter difficulties during this process, you can easily reach out to us and Air Delayed will provide you with full guidance and assistance through this process.
When you choose Air Delayed, you will receive a range of benefits designed to make your claims experience as smooth as possible.
– Air Delayed operate on a no win no fee service, which means you don’t have to worry about any upfront costs.
– Getting started is incredibly convenient; you can kick off your claim with a simple online form.
– Our process is straightforward and easy to navigate, aimed at ensuring your comfort throughout.
– We leverage cutting-edge technology for speed of processing your claim
– We validate your claim, adding a layer of assurance to your case.
– You have access to our team of experienced specialists who will handle all the intricacies of your claim. This includes crafting a letter of claim to the airline on your behalf.
– If, court proceedings become necessary our partner My Law Matters take care of court fees, draft all the necessary proceedings and even provide representation in court.
Our personalised approach ensures individual attention and care for each client, while our unwavering commitment to results has led to a proven track record of success. Your satisfaction and peace of mind are our top priorities at Air Delayed.
An airline has up to 8 weeks to respond to the letter of claim, but many airlines will take longer and require additional prompts. In some instances, airlines will not respond at all or issue a standard rejection response. But don’t worry, as specialists in running your claim, we have a clear step-by-step process in pursuing your compensation to ensure you get back what is rightfully yours, and we will keep you informed at each step throughout the process.
We do not charge you for checking to see if you have a claim this is a completely free service. Once we have validated your claim and believe compensation is due, we and our law partners work on a No Win No Fee basis. As such you will only be charged once your compensation has been settled and funds received from your airline. Details of our service fees can be found within our terms & conditions.
Compensation is awarded for your delay or cancelled flight and is separate to any refund for your ticket received from the airline. Air Delayed recommend seeking out professional support to enforce your claims as passengers who make claims on their own can often be put off or even completely ignored by the airlines. Trusted and experienced air passenger rights experts like Air Delayed, can help you successfully enforce your rights.
Starting your claim is simple: Simply enter your flight details in our website. If you have a valid claim, you can use our services to enforce your rights. Our experts will then take over the case and make sure you get your compensation from the airline.
It is always advisable to get their airline confirm the reason for the flight disruption in writing when discussing a ticket refund as this can be helpful for enforcing your claims later. If the flight problem occurs at very short notice, e.g., if you are already at the airport and there are long delays, then be sure to insist on the benefits you are entitled to from the airline.
The processing duration for each claim differs depending on the unique circumstances of the case. Factors such as the specific flight details, the airline involved and legal complexities contribute to the varying timeline required to resolve your case. Air Delayed is committed to processing your claim as quickly as possible ensuring you stay updated throughout the process.
Utilising the services of more than one company to deal with a claim can lead to complications with the airline and could potentially result in the obligation to pay multiple success fees if compensation is awarded. Air Delayed will ease the claims process for you and endeavour to resolve and agree compensation with the airline as quickly as possible.
If your flight claim was previously rejected by the airline, you may still be eligible to submit a claim. The initial rejection by the airline does not necessarily mean that you are not eligible for compensation. By submitting your claim with Air Delayed we can assess the details of your case and our team will carefully review the circumstances to determine if there are grounds for a successful claim.
In most cases a booking reference is all that is needed to make a flight claim. Occasionally cases are elevated to our law firm for litigation so if possible, we would recommend keeping all your travel documents. If you no longer have access to these documents, providing proof of payment for your original ticket could still enable us to proceed with your claim. Additionally, travel agents or the airline itself can often assist in obtaining copies of the documents if these are needed.
Travellers have extensive rights for flight disruptions under Air Passenger Rights Regulations UK261 and EU261 and may be entitled to a ticket refund and/or compensation as recompense for the inconvenience caused.
EU Air Passenger Rights Regulation 261/2004 EU261 came into force in 2005 at which time the UK was a member of the EU. Following Brexit, the UK decided to adopt the majority of the EU Regulations into UK law UK261, they do however operate separately.
The current regulations, EU261 and UK261 are very similar in terms of the circumstances a passenger is entitled to claim compensation. The most obvious difference is that under the EU Regulation compensation is valued in EUR € and in the UK its GBP £. Where the Airline accepts that compensation is due it will pay out in the relevant currency depending on the relevant Jurisdiction.
Where the Airline ignores or unreasonably refuses to pay compensation the issue of which Regulations applies will be paramount in deciding how to pursue the matter through the relevant legal system. Air Delayed partner with My Law Matters and where applicable will issue the claim through the Courts, where UK261 Regulations apply. The UK courts have no jurisdiction and cannot enforce any claim arising from EU261 Regulations.
UK261 applies where you:
EU261 applies where you:
In both instances you must have a confirmed reservation and arrived for check-in as indicated by the airlines or where not stipulated, no less than 45 minutes prior to the scheduled departure time.
Flight Compensation refers to a monetary amount provided to a passenger as a form of compensation for the inconvenience experienced due to flight delays, cancellations or denied boarding. Compensation is typically granted when the airline is at fault for the disruption, such as operational issues or overbooking. The specific criteria for eligibility and the amount of compensation varies depending on the applicable Regulations.
A ticket refund, involves reimbursing passengers the full or partial cost of their unused tickets in accordance with Regulations and airline specific policies. This typically occurs when passengers choose not to proceed with their travel plans due to flight cancellations, significant delays, or other qualifying reasons. The refund may cover the entire ticket fare or a portion of it, depending on the circumstances and the airline’s refund policy. You may be entitled to both a ticket refund and Compensation.
Typical Flight Compensation Thresholds
Compensation per passenger
| Distance Travelled | Delayed by 3 hours or more | Flight cancelled |
|---|---|---|
| 1500km or less | £220 | £220 |
| 1500km or 3500km | £350 | £350 |
| 3500km or more | £520 | £520 |
The Montreal Convention is an international treaty which provides a standardised framework for addressing passenger flight claims, including injuries, fatalities, lost baggage, and damaged cargo, for international flights. While it doesn’t offer or guarantee compensation, it establishes a legal basis for passengers and cargo owners to seek compensation for damages resulting from these incidents.
In general, passengers traveling within, from, or to the UK/EU are covered by Regulations UK261/EC261. However, it’s important to note that when flying to the UK/EU from other parts of the world, your rights are protected under this regulation only if you are traveling with a European carrier. This law ensures that you have the right to claim compensation if your flight has experienced a delay or cancellation. You can check your flight for free with Air Delayed.
The rights pertaining to flight cancellations for UK travellers continue to be in effect and have undergone minimal alterations. Passengers who depart from or arrive in the UK on a UK airline can claim compensation of up to £520 for eligible flight cancellations or delays.
As part of the UK’s departure from the EU, a new legislation called “retained EU law” was introduced. In essence, this entailed the adoption of a substantial amount of EU law into the UK legal system and the updated version of UK air passenger rights, commonly referred to as “UK 261,” has experienced limited changes thus far.
Navigating through these legal systems can be challenging for passengers, so at Air Delayed we have simplified the claims process as much as possible and we only charge a fee for successful claims.