What are my rights if my flight is grounded? - Martyn James

Be sure of your rights around cancellations before you set off for the airport (Picture: Adobe)

Do you ever have a slightly nervy moment when you set off on holiday? Maybe you’re running a bit late? Or you’re worried that you’ve not packed all the essentials (or turned the oven off?).

So what are your rights if you can’t take to the skies? Here’s my guide.

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The flight compensation rules

• The law says you are entitled to compensation for delayed or cancelled flights if all three of these conditions apply:
• Your flight must have been delayed by more than three hours past your original arrival time. The clock stops ticking when the door opens at your destination.
• The flight must take off from the UK or European Union or be from an airline based in these countries. Connected flights are also covered if you booked them as one trip, even if you switch to a non-EU airline halfway through your journey.
• The issue must be “within the control of the airline”. So weather or air-traffic control disputes are out, aeroplane problems and flight staffing issues are in.

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Whose fault is it?

The law says that airlines must pay out compensation if they are at fault. This is subjective, but as a general rule this means situations like faults with the plane, strike action by airline staff, overbooking and problems that they should have anticipated.

However, there are lots of situations that are not the fault of the airline, such as strikes by non-airline staff (air traffic controllers, baggage handlers, power cuts (sorry Manchester), severe weather, natural disasters and “catastrophes”.

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What if my flight is cancelled?

Your airline still has an obligation to get you to your destination, as long as it’s safe to do so. This can involve putting you on one of their own flights or, failing that, on that of a competitor.

As soon as your flight is cancelled, check online to see what flights are available, both with your airline and rival carriers. The Civil Aviation Authority (CAA) has said in the past that if a flight is available on the day of travel, the passenger must be booked on it – even if it is on a rival airline.

Some airlines are exceptionally bad at paying out refunds or compensation, so make sure you take screenshots of the comparison site searches for flights you have made. Keep a record of when you tried to call the company so you can prove you exhausted all options.

If you can, purchase a replacement flight on a credit card if you have the airline’s go-ahead. You shouldn’t have to do this, but when things go a bit bonkers it might be the quickest option. A credit card will allow you to potentially claim a refund from the card provider if there’s a problem with the airline.

You are also entitled to some support if you are stuck waiting for a flight, including:

• Food and drink. These are usually available 2-3 hours into the delay and will cover a sandwich, snack and drink. If no one hands out any vouchers, keep your receipts for any purchases you make.
• A phone call. This is the cost of contacting people in relation to the delay or cancellation.
• Accommodation. If the airline isn’t around to organise this, aim for budget options, not five star.
• Transport to and from the airport or accommodation. This is only for people stranded abroad and doesn’t cover taxis or transport home if you are in the UK.

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Don’t forget that the most essential item to travel with (outside of your passport) is a powerful battery charger and cables for your phone and other electronic devices. I’d pack a few, just in case. There’s nothing worse than a dying phone when you’re stuck at the airport.

Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist. Read more from him here.