Hundreds of thousands of passengers have been affected by flight delays across the UK in the last two weeks – your legal rights explained
A second air traffic control issue in as many weeks is again causing disruption for people catching flights inside the UK. Flights have been delayed in Scotland, Northern Ireland and Northern England after an issue which started late on Monday night (September 20).
National Air Traffic Services (NATS) claims that the error has been fixed, but problems are persisting across the northern part of the UK. More than 2,000 flights were cancelled following an unrelated software fault at NATS on September 8.
Hundreds of thousands of passengers were affected by the delay – but what are your legal rights if your flight is cancelled or delayed due to a NATS technical error?
Passengers flying today are being urged to check with their airline before travelling. Tom Vaughan, travel insurance expert at Confused.com, said: “Flight disruptions are never ideal, especially when they happen with little warning.
“Our research reveals that more than 1 in 4 (26%) travellers found out about their flight being cancelled less than six hours before scheduled departure. Anyone due to fly today should follow live updates from the airport and their airline to check whether their flight is affected.
“If your flight is disrupted, stay in touch with your airline, as they have a duty to look after you. This could include arranging an alternative flight, or providing accommodation if needed, and this should be at no extra cost to you. If your flight is cancelled and your airline can’t offer an alternative, you should be offered a refund.
“But as this disruption is being caused by an air traffic control issue outside the airline’s control, you may not be entitled to extra compensation. If you’re out of pocket for things like accommodation or other bookings you can no longer use, it’s worth checking with your travel insurer or card provider to see if you’re covered.
“And if you’re unsure where you stand, our flight disruption compensation guide can help break down your rights and explain what support may be available. Keeping an eye on the latest updates from your airline and the airport will help you understand your options and what to do next.”
Passengers are unlikely to be entitled to compensation’
A UK Civil Aviation Authority spokesperson said in the wake of the delay earlier in September: “We have reminded airlines of their responsibilities to look after passengers whose flights have been delayed or cancelled.
“We consider that disruption caused by the NATS outage is likely to be considered the result of ‘extraordinary circumstances’ under passenger rights rules. This means that although passengers should be looked after by airlines, they are unlikely to be entitled to compensation for delays or cancellations that were directly caused by the incident.”
Full information on passenger rights in the event of delayed or cancelled flights can be found here: Flight delays and cancellations | UK Civil Aviation Authority
What are your rights?
If your flight is delayed, you are protected under UK Reg (EU) No. 261/2004 – also known as UK261. This says that, if your flight is delayed, the airline must look after you. This includes providing you with food and drink based on how long your delay is, and accommodation if you are delayed overnight.
You may also be entitled to compensation if the delay means you reach your destination airport more than three hours late. If the delay is more than five hours, you can choose not to travel and receive a refund.
You are entitled to care if your flight is delayed beyond its scheduled departure time by:
- at least two hours for flights under 1,500km (such as Glasgow to Amsterdam);
- at least three hours for flights between 1,500km and 3,500km (such as East Midlands to Marrakesh);
- at least four hours for flights over 3,500km (such as London to New York).
You should receive the following from your airline regardless of the reason for the delay:
- food and drink based on how long your delay is;
- two phone calls or emails; and
- accommodation (if your flight is delayed overnight) and transport between the airport and that accommodation.
If your flight is cancelled, the airline must against provide you with care and assistance while you wait. When it comes to rebooking, you can choose between a full refund for the unused parts of your ticket, or an alternative flight at a time that suits you.
Depending on how much notice you received and the reason for the cancellation, you may also be entitled to compensation.
