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UK air traffic control disruption: your rights as a passenger

UK air traffic control disruption: your rights as a passenger

The Guardiana day ago
Wednesday's air traffic control technical fault came as many thousands of families prepared to head off on their summer holiday.
Those whose flights have been disrupted have significant rights and entitlements in relation to everything from refreshments to refunds.
If your flight is significantly delayed – the Civil Aviation Authority (CAA) explains how this is defined on its website – you are entitled to care and assistance while you wait, which means food and drink and the ability to make phone calls, plus accommodation and the necessary transfers if the flight is delayed until the next day.
Many airlines will provide vouchers for you to buy food and drink, and overnight accommodation will typically take the form of a nearby hotel.
Sometimes airline staff are unable to arrange care and assistance for all passengers, in which case you can sort yourself out, and claim the cost back later. But do not head straight to a posh restaurant or five-star hotel. The CAA says: 'If you end up paying for things yourself, keep every receipt and do not spend more than is reasonable. Airlines are unlikely to refund you for things like luxury hotels or alcohol.' Some airlines will provide guidance on reasonable costs.
If your flight has been cancelled and is covered by UK law (that means one departing from an airport in the UK on any airline, or arriving at an airport in the UK on an EU or UK airline, or arriving at an airport in the EU on a UK airline), your airline must offer you the choice of an alternative flight or a refund.
If you select an alternative flight, it is up to you whether to fly as soon as possible or at a later date.
In terms of a refund, you can get your money back for all parts of the ticket you have not used. So if you have booked a return flight and the outbound leg is cancelled, you can get the full cost of the return ticket back from your airline.
Once you decide to take a refund, or to travel later than the first available flight, your airline has no obligation to provide you with food, drink or accommodation.
Naomi Leach, the deputy editor of Which? Travel, advises: 'If you are due to travel today or tomorrow, check the advice from your airport or tour operator, or airline apps and airport social media feeds, for the most up-to-date advice.'
While airlines have a duty to look after their passengers when flights are disrupted, they do not have to put their hand in their pocket when the disruption is caused by 'extraordinary circumstances'.
Leach says that if your flight is cancelled or delayed as a result of these latest problems, you are unlikely to be owed compensation by the airline. This is because the technical issue affecting flights will be considered an extraordinary circumstance and out of the airline's control.
The CAA says that 'if it wasn't the airline's fault, don't expect to receive any compensation'.
If your flight is delayed or cancelled and it is part of a package holiday, you have some additional protections, says Abta.
If your holiday ends up being cancelled, or new arrangements are made that result in a significant change to your holiday, then your travel company must offer an alternative holiday if it can, or a refund for the full price of your package holiday. Generally, a change of more than 12 hours on a fortnight's holiday is considered a significant change, it says.
Your first point of contact should probably always be the airline. However, in situations where the disruption is beyond the airline's control and – for example – you are unable to travel or are stranded at your destination, you may be able to claim on your travel insurance, depending on the level of cover.
'Beyond the flight itself, certain costs like non-refundable hotel stays, hire car expenses or even pre-booked activity fees may be recoverable under specific circumstances,' says Alex Cross, the chief customer officer at Tesco Insurance.
However, he adds that it is crucial to understand your policy's coverage. If in any doubt, contact your insurer for more details.
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