What Happens If My Flight Is Cancelled?

It’s something none of us wants to happen, particularly if we’ve been looking forward to a nice relaxing holiday! But sometimes airlines have to cancel flights for a variety of reasons e.g. bad weather or equipment failure. Whilst we all hope it’s not going to happen to us it’s best to be prepared for the worst. So in this post, we are going to take a look at what happens if your flight is cancelled and what rights you have.

My flight is cancelled. What next?

Flight cancellations to/from the UK are governed by UK law UK261 (on EU/UK Airlines) which is basically an identical clone of EU261 (which you might be more familiar with.) There are some small adjustments, for example, compensation is now dictated in pounds sterling rather than euros. The law that enshrines this is the rather long named – The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 – which you can read here – https://www.legislation.gov.uk/uksi/2019/278/contents?regulation-3-1. You can read the original EU261 here – https://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF

Article 5 covers cancellations which states…

In case of cancellation of a flight, the passengers
concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8; and

Article 8 covers what assistance you are entitled to when your flight is canceled. Here is the relevant section of Article 8…

Where reference is made to this Article, passengers shall
be offered the choice between:

(a) — reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger’s original travel
plan, together with, when relevant,
— a return flight to the first point of departure, at the
earliest opportunity;

(b) re-routing, under comparable transport conditions, to their
final destination at the earliest opportunity; or

(c) re-routing, under comparable transport conditions, to their
final destination at a later date at the passenger’s convenience, subject to availability of seats.

The law is very clear that you have 3 options if your flight is canceled. 1) A full refund of your ticket 2) Re-routing at the earliest opportunity 3) Re-routing at your own convenience. It is YOU that gets to choose which of the 3 options you prefer, if your Airline tries to tell you otherwise they are wrong. It doesn’t matter the reason for the cancellation.

My Flight Is Cancelled. How do I select which option I want to take?

Depending on what option you take you can speak to your Airline’s staff at the Airport (this is the option if your flight is cancelled whilst at the airport and you want to collect vouchers for food/drink if entitled) or ring the customer service telephone number for your Airline. Try to remain calm, as fustrating as the cancellation may be, and let the staff member know your preference. If they aren’t willing to reroute to your satifisfication (must be comparable transport condition) then you have two options…

1. If you paid with a credit card file a section 75 claim. The credit card company is responsible along with your Airline to get you a new ticket to your destination.
   
2. Book new tickets and take your airline to MCOL or CEDR arbitration for the money you paid for your new tickets as they refused to reroute as per UK261 even though there other airlines that can get you there in comparable transport conditions.

What if I’m at the airport already and have a long wait/need an overnight stay?

Article 9 of UK261 sets out what care and assistance you are entitled to…

Where reference is made to this Article, passengers shall
be offered free of charge:
(a) meals and refreshments in a reasonable relation to the
waiting time;
(b) hotel accommodation in cases
— where a stay of one or more nights becomes necessary,
or
— where a stay additional to that intended by the
passenger becomes necessary;
(c) transport between the airport and place of accommodation
(hotel or other).

In addition, passengers shall be offered free of charge two
telephone calls, telex or fax messages, or e-mails.

In applying this Article, the operating air carrier shall pay
particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the
needs of unaccompanied children.

This will also apply if the reason for the cancellation is classed as ‘extraordinary circumstances.’ Your Airline should ensure that reasonable food/drink is offered and where a stay is required the transportation and the hotel (if you can’t reasonably return home) should be paid for too.

If the Airline are unwilling or unable you have the right to organise reasonable care and assistance yourself, then claim the cost back later. Make sure you keep all your reciepts and don’t spend anything that isn’t reasonable! No Caviar, champagne & 5 star luxury hotels…

What if my booking was made with points?

It doesn’t matter if you book with points or if you also use a 2-4-1 voucher from your BA Amex or Virgin Credit Card, you are still covered by UK261. The guidance in UK261 section 3.3 is very clear…

This Regulation shall not apply to passengers travelling
free of charge or at a reduced fare not available directly or
indirectly to the public. However, it shall apply to passengers
having tickets issued under a frequent flyer programme or
other commercial programme by an air carrier or tour
operator

(we’ve highlighted the important bit in bold)

If you want to be rerouted there does not need to be seats available for points on another flight, just availiable seats the same as for a passenger paying in cash.

Can I ask to be rerouted on another Airline?

Yes! UK261 stipulates that any rerouting must be under comparable transport conditions. If an airline no longer flies to your destination or they don’t fly direct anymore you are entitled to be rebooked under comparable transport conditions. In the event that an agent tries to refute you saying they don’t have an agreement with another airline, persist and mention UK261 8b or 8c as relevant. If this isn’t sucessful you will have to follow one of the two methods mentioned earlier on in the post.

Can I switch to another Airport?

Potentially! Some Airlines have a policy regarding it, for example, with BA you can rebook to airports within a 300 mile radius of your original destination. If your airline doesn’t have a policy on this unfortunately Article 8.3 is a little vague…

When, in the case where a town, city or region is served
by several airports, an operating air carrier offers a passenger a
flight to an airport alternative to that for which the booking
was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that
for which the booking was made, or to another close-by destination agreed with the passenger.

Whilst town or city are quite easily defined, region can have a slightly broader meaning! If you want to switch to another Airport propose it and see what they say. You can always refer to Article 8.3 of UK261 but as we mentioned earlier region is open to interpration.

Will I get any compensation if my flight is cancelled?

In some circumstances compensation may also be due in addition to any duty of care, refund or re-routing rights. This is covered in article 5 of UK261…

In case of cancellation of a flight, the passengers
concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of rerouting when the reasonably expected time of departure of
the new flight is at least the day after the departure as it
was planned for the cancelled flight, the assistance specified
in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier
in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two
weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two
weeks and seven days before the scheduled time of
departure and are offered re-routing, allowing them to
depart no more than two hours before the scheduled
time of departure and to reach their final destination
less than four hours after the scheduled time of arrival;

or

(iii) they are informed of the cancellation less than seven
days before the scheduled time of departure and are
offered re-routing, allowing them to depart no more
than one hour before the scheduled time of departure
and to reach their final destination less than two hours
after the scheduled time of arrival

As you can see if you’ve been informed more than 2 weeks in advance, if it’s between 2 weeks – 7 days before your flight and your rerouting departs no more than 2 hours early/land 4 hours late or if it’s less than 7 days and your rerouting departs no more than one hour early/land 2 hours late you aren’t entitled to compensation.

If the cancellation falls under the definition of ‘extraordinary circumstances’ you will also not be entitled to compensation. This is set out in Article 5.3 of UK261…

An operating air carrier shall not be obliged to pay
compensation in accordance with Article 7, if it can prove that
the cancellation is caused by extraordinary circumstances
which could not have been avoided even if all reasonable
measures had been taken.

Extraordinary circumstances includes things such as industrial strike action, extreme weather conditions and terrorism or sabotage. It is on the onus of the Airline to prove that a cancellation was due to extraordinary circumstances rather than on you to prove it wasn’t

I’m entitled! How much compensation am I due?

If your flight is cancelled between 2 weeks – 7 days before your flight and your rerouting departs no more than 2 hours early/land 4 hours late you will be entitled to…

If your flight is cancelled under 7 days before your flight and your rerouting departs no more than 1 hours early/land 2 hours late you will be entitled to…

To claim any compensation due you will need to contact your Airline directly and if they refuse take your airline to MCOL or CEDR arbitration for the money you are owed.

Conclusion

As you can see it’s not always easy or straight forward to assert your rights if your flight is cancelled but we hope this article will help you get what you’re entitled to. What are your tips if a flight is cancelled?