Viewpoint
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Viewpoint Summer
- News-in-brief
- Travel disruption - your rights
- MoJ reforms for personal injury claims
- Flood and Water Management Act 2010
- Government decision on pleural plaques
- Insurance and risk
- Taking the fall - the real cost of slips, trips and falls
- Are you losing money to toll fraud?
- Market News
- Time for change?
- Life begins at 40.....
- 40th anniversary - part II
- Industry focus
- Empty threats - are your unoccupied buildings at risk?
Travel disruption - your rights
An ash cloud from a volcanic eruption in Iceland grounded planes across the UK and Europe, disrupting travel for 6 days.
If you were one of the unfortunate passengers affected, what are your rights?
You have a contract with the airline to get you from A to B. This means the airline should re-route your journey - even if that means a bus or taxi transfer to another airport for a flight with a different operator.
As a result, passengers can generally choose to have a refund or to change to another flight, according to the Trading Standards Institute. Airlines are usually quite swift to give refunds and should not charge an administration fee.
What happens if I am stranded and trying to get home?
When a flight is delayed, there are strict European rules in place which mean that the airline is obliged to provide assistance at the airport. This includes supplying meals, refreshments and accommodation, if an overnight stay is required.
For those stranded overseas, it is advisable to keep expenditure to a minimum, retaining all receipts to make your claim onto the airline when you return.
Your specific rights will depend on the length of the flight and the delay.
Length of flight Delay to destination Compensation due
Up to 1500km Up to 2 hours €125
Up to 1500km More than 2 hours €250
1500km to 3500km Up to 3 Hours €200
1500km to 3500km More than 3 hours €400
More than 3500km Up to 4 hours €300
More than 3500 km More than 4 hours €600
Owing to the fact that any cancellations would be beyond the airline’s control, there is no automatic right to other compensation. Extra compensation is only available if a flight is cancelled or delayed and it is the airline's fault.
Does the airline look after me if I have two single tickets?
The EU rules on assistance apply equally to any journey, whether one-way or part of a return ticket, according to the Air Transport Users Council (ATUC).
Airlines should arrange and pay for the hotel and meal costs for passengers while they wait for the new flights.
In reality, there may simply not be enough hotel rooms available in circumstances like these. The ATUC's advice to passengers is to keep their expenditure to a minimum and to put in a claim to the airline - but always try to agree this with the airline first.
Package holidays have their own protection. If your return home has been delayed, the tour operator is responsible for arranging your return journey and providing you with meals and suitable accommodation.
Operators must refund customers for the whole holiday if trips are cancelled.
In reality, operators tend to give three options to people on package deals. They are:
- deferring the leaving date
- transferring to another holiday of the same or similar value
- a refund of the amount paid for the whole holiday.
If you booked your trip using your credit card, there is also the potential to claim from your credit card provider under the Consumer Credit Act.
If you’re running out of cash, or if you’re concerned about reaching your credit card limit because of the unexpected costs, contact your bank or credit card company as many of them are providing assistance with extensions of credit.
Travel Insurance
Some travel insurance policies will pay for hotels and associated costs if your holiday or business trip is cancelled owing to the flight problems. However, the majority of holiday policies restrict cover to specified circumstances, for example, if you or a family member is ill, so it is worth looking at your policy before you travel.
Next Steps
To discuss the issues raised in this article or for further information, please speak to your usual Perkins Slade contact. Alternatively you can call 0121 698 8000 and ask to speak to a member of our corporate team or email corporate@perkins-slade.com
