Seven tricks to get compensation for a delayed or canceled flight

Daily Mail​

3 days ago

Holidaymakers facing delays or cancellations to their flights this summer may not get the full compensation they are owed due to a series of sneaky pitfalls. Strike action, staff shortages and technical faults at airports and traffic control are leaving thousands of families facing hours of waiting in airports and cancelled flights. But between airlines trying to fob you off with excuses, scammers posing as customer service teams and claims management companies vying to get a cut of your compensation, there's a good chance you may not get the amount you're entitled to. So just how much can you claim after a flight delay – and what pitfalls must you dodge in the process of fighting for your due compensation?
What you're entitled to for being delayed . . .
Whether you are due compensation or not depends on where the flight departed from – or was supposed to depart from – and the airline you flew with. You can only claim compensation if the flight was with a UK or EU airline, such as Ryanair or Lufthansa, for example, or your flight left from the UK or EU. If you experienced a significant delay on a flight from London to New York on American Airlines, for example, you would be eligible to make a claim. But if it occurred on the reverse journey, you wouldn't be able to. If the reverse journey from New York to London was with British Airways, however, then you can make a claim. Your right to compensation is covered by EU law, known as EU Reg 261/2004 to which the UK still abides. However, other countries and airlines have their own compensation schemes that you may still be able to apply under if you're not eligible under the EU scheme.
How much you're entitled to depends on the length of the delay and distance of the flight. You're not eligible to claim compensation for any delay less than three hours. If your journey of up to 1,500km is delayed by at least three hours, you can claim £220. For a 1,500km to 3,500km journey which is three or more hours late, it's a £350 payout. A journey of more than 3,500km which is delayed by less than four hours triggers £260 in compensation, while for a delay of four hours or more it's a hefty £520. Your airline must also provide you with food and drink (typically vouchers), access to phone calls, accommodation if you're delayed overnight, and journeys between the hotel and the airport.
You can choose not to take your flight if the delay reaches the five-hour mark. If so, you can claim a full refund for the ticket, a refund for an onward journey or return flight, and a flight back to the place you originally departed from if you're mid-way through a journey. If you do decide to take the flight, you can claim up to £520 in compensation, depending on the distance of the flight. When you claim, make sure you know how much statutory compensation you should be owed. The airline may not tell you initially, so know the numbers in case they come back with an offer below what you should get.
… and if you face a cancellation
IF YOUR flight is cancelled, you can either request a full refund or a replacement flight so you can get to your destination. Plus, if the replacement flight means you arrive at your destination at least two hours late or your flight was cancelled less than 14 days before the planned take off, you have the right to compensation. There's a variety of different amounts you could be entitled to depending on when the flight was cancelled, the distance of the flight and the timings of the rescheduled flight. Check these with the Civil Aviation Authority (CAA) at caa.co.uk. Remember you can also claim on your travel insurance if the airline won't pay out. If the reason for the cancellation is outside of an airline's control, your travel insurer should reimburse you.
Plus, if you can no longer get to your destination, travel insurance could reimburse your holiday accommodation and hire car costs as well as connecting flights. Make sure cancellation cover is included in your policy. If you think you're entitled to compensation, contact the airline you flew with directly. It will often have a standard form to fill out – you'll have to enter your personal details, flight number and bank account information. But you also must beware of these sneaky pitfalls which could strip you of what you're owed.
1. PUSH BACK ON SNEAKY EXCUSES
IN ORDER for you to receive a payout, the delay or cancellation must be the airline's fault. Was there a security alert or air traffic control strike? Then the delay is not down to the airline and you won't be entitled to compensation. However, consumer expert Martyn James says: 'An airline may claim that strikes are out of their hands. But some strikes are by airline staff, for example, which is the airline's responsibility. A strike by the ground staff wouldn't be covered. The airline has to prove it. You should always ask an airline to confirm in writing why it said no to compensation.'
Common reasons for delays which are in the airline's control include staff shortages or sickness, cancelled flights because of under-booking or the pilot turning up late. Technical faults can also be the fault of the airline. Airlines often use the excuse of bad weather to dismiss a customer's claim. But Sally Hamilton, Money Mail's consumer champion, warns: 'It has to be exceptionally bad weather. Things like lightning do not count – that's a normal, everyday issue for an airline.' Plus, the bad weather defence can only be used for the flight in question – it cannot be applied because of knock-on effects of bad weather affecting journeys the plane made earlier in the day to yours, for example. Ms Hamilton says: 'Investigate yourself to see what the weather conditions were like. You could try to contact the airport to see what was happening that day. Were other airlines cancelling that day?'
2. AVOID CLAIMS MANAGEMENT COMPANIES
IF YOU'RE hot, tired and anxious while delayed for hours on end in the airport, it may be tempting to search online for ways to claim compensation from an airline. But do this and you're likely to be bombarded with sponsored adverts for claims management companies. These are firms that can help you make a claim and assist with any paperwork. It may sound tempting to instruct a firm to deal with the rigmarole of pursing compensation, but you could lose a huge chunk of any compensation to them. Ms Hamilton says: 'It should be straightforward to do your own claim. You'll lose around 30 to 40 pc with a claims management company. If you are very busy then you can maybe use them, but try to get someone else to help with it first. They can know little quirks, but they should be used as a last resort.'
3. CONSIDER A REROUTE OVER A REFUND
IF YOUR flight is cancelled, you could opt for a full refund or a replacement flight to get you to your destination – but you should think carefully about which one you want. If you still want to get to your destination, it's typically better to opt for a replacement flight. That's because the amount of the refund is less than booking on to a last-minute flight yourself, so you could lose money. Plus, if you accept the refund, the airline typically has no further obligation to you. If you accept a replacement flight, the airline has a responsibility to provide one at the earliest opportunity and it can be with a competitor.
4. BEWARE SCAM 'AIRLINE CUSTOMER SERVICES'
Travellers must beware where they claim compensation, as they could be targeted by a scammer posing as an airline's customer service team or even the CAA. Fraudsters are pouncing on vulnerable and stressed travellers to strip them of their money and pilfer their personal details. Scammers impersonating an airline may send emails, text messages or even call claiming they can help you get compensation – or they could get in touch via a fake social media account impersonating an airline. If you have suffered a delayed flight and are expecting contact from the airline, this type of message could easily catch you out. They may ask for your flight number, booking reference and bank details or give you a link, leading to a phishing website designed to steal your personal and financial information. Another trick is asking you to pay a small fee to speed up the claims process. Use contact details found independently and an airline's official website to claim.
5. BOOK CONNECTING FLIGHTS IN ONE GO
Make sure you book all your connecting flights in one go, instead of separately. Due to the regulations, if you were flying from London to Singapore with Qatar Airways and stopped in Doha, you would be covered for delays and cancellations on either leg if you booked them together. However, book the flights separately and you may find yourself out of pocket. Any delays or cancellations from Doha to Singapore would not be covered as that flight is neither leaving a UK nor EU destination, nor is it operated by a UK or EU airline. Mr James suggests making a single booking to avoid this happening. 'I've seen cases where airlines say the flights is not covered but it is. An airline may say it doesn't count but that's rubbish.'
6. YOU DON'T HAVE TO ACCEPT VOUCHERS
Airlines dished out plenty of vouchers during the chaotic travel days of the pandemic and some continue to do so in lieu of compensation for cancelled or delayed flights. But they are limited to that airline and have expiry dates – and you do not have to accept this if you do not want to. You can accept them if you prefer, but be aware you typically then forfeit your right to change your mind and ask for compensation.
7. THE DELAY LASTS UNTIL DOORS OPEN
Stopwatches at the ready! Airlines may try to claim your plane wasn't delayed by three hours or more. The length of the delay is not based on the time you took off but your arrival time. For example, if you took off three hours later than the scheduled time but arrive only two hours and 45 minutes later than your designated arrival slot, your delay time is two hours 45 minutes. But a previous court case means this rule could work in your favour. Judges at the highest court in Europe decided the delay stops when one of the plane's doors is opened. Mr James says: 'The clock stops when at least one of the plane doors is opened at your destination. Lots of airlines will argue that it happens sooner or say that taxiing doesn't count.' Until that door is open, you haven't technically arrived. Make a careful note of the time cabin crew open the doors and present it to the airline. Have you struggled to get compensation from an airline? Email [e-mail]