21-05-2025
‘My flight time has changed to a hideously early hour – can I get a full refund?'
Do you have a legal question to put to Gary? Email askalawyer@ or use the form at the bottom of the page.
Dear Gary,
I have booked a flight to Tenerife in November, and my airline has changed the flight time, which no longer suits me. It's a time I would have never booked in the first place. What rights do I have as a customer of the airline if I am not happy with the change?
– Penny
Dear Penny,
I regret that when you book a flight very far in advance with the benefit of securing the flight you want at a fixed price, it comes with the inherent risk that the actual flight time, and even date, may be changed. In most cases such changes are perfectly lawful. Let me explain the legal position and what your options are.
Most airlines make sure that their contract with you, their terms and conditions, make it clear that they can change the time or even date of your flight.
Contrast this to when the shoe is on the other foot and you wish to make changes to an existing booking. In this case, there are often administration and other charges payable to the airline.
The Civil Aviation Authority is the statutory body that oversees and regulates all aspects of civil aviation in the UK. It is the enforcer of passenger rights legislation and general consumer law.
The CAA says changes to flights should be communicated to the customer at least 14 days before, which certainly is the case here with you being told six months ahead. However, the CAA takes the view that where an airline changes the date or time of a particular flight, this is an issue between the airline and its customer covered solely by the terms and conditions. In other words, it will not usually get involved.
If your flight number has been changed, I would call that a cancellation, which is very different from the flight time or date being changed.
If your flight is cancelled the law is clear that you are entitled to a full refund or alternative flight. If the flight cancellation is within 14 days of departure you could also be entitled to compensation under legislation which originated in the EU (Regulation 261 of 2004) and which has been retained in UK law after Brexit. This consumer protection law provides for compensation to be paid according to factors such as the flight time.
If your flight has not been cancelled and merely changed (albeit not to your liking) the legal position depends on how changes are defined in the airline's terms and conditions and whether the changes are classed as 'minor' or 'significant'.
Different airlines have different definitions for what is classed as a minor or significant change. As I say, you need to look it up in the terms of your airline. But for instance, British Airways says a change in flight time of anything up to two hours is minor. For easyJet it is anything up to five hours.
If your flight time change is defined as minor, you have very limited scope for legal complaint and redress. The usual rule is if you choose to cancel a flight yourself you are not entitled to a refund. So, with a minor change you are probably stuck with it. That is not to say you may not ask for a refund or alternative, but be prepared for the airline to decline.
If the changed time is greater than the airline's definition of a significant change, then you can ask for a refund or an alternative flight.
But be careful what you wish for because if you are refunded, only to then find booking an alternative flight yourself is more expensive than you were expecting, you may regret not sticking to the original flight. Or it may work in your favour, and you get refunded and then are able to book an alternative cheaper flight.
Look before you leap and if the flight change is significant make an informed choice before you claim a free cancellation.
Other practical issues to be aware of are making sure when you book a flight that you give the airline more than one means of contacting you (say email and mobile number) so any changes to flights can quickly be communicated to you.
Also, if you are an independent traveller rather than booking, say, a package holiday through a tour operator, your flight is just one piece of the jigsaw.
That could mean if your flight is changed it will impact on other aspects of your holiday such as car hire and hotel accommodation. Taking out holiday insurance on the day you book you holiday has always been my number one top tip to protect your holiday from day one.
I hope this explainer of your legal rights will help you make an informed choice about what to do about your flight to Tenerife in November. When it comes: 'Que tengas unas buenas vacaciones'.
