The closure of Heathrow today has caused mayhem, with 1,350 flights to and from the airport being cancelled, impacting connecting journeys and causing travel misery for travellers worldwide.
It is therefore important to understand your rights if your travel arrangements are affected.
Here I answer the key questions Mail readers have been asking me about the chaos and the laws you need to know about:
The legal position
Passengers travelling with a UK or EU-based airline, or flying from a UK or EU airport, should receive help from the company if their flight is delayed or cancelled thanks to a law known as the denied boarding regulations (also referred to as UK261 in the UK and EU261 in Europe).
This law will cover all flights that already have been, or are going to be, disrupted by the Heathrow closure.
Those who have booked a ‘package holiday’ (where you book travel and accommodation together) enjoy additional consumer protections under law known as the Package Travel Regulations.
Confusion at the BA check-in desk after an electrical substation wiped out the power at Heathrow. DEAN DUNHAM explains your rights
Your questions answered…
My flight today has been cancelled, what are my options?
The denied boarding regulations provide you with the option to either ask for a refund for the cancelled flight or to ask to be booked on to an alternative flight (often referred to as being ‘re-routed’).
If you chose to be re-routed, the airline must find you the next available flight. In this respect, if another airline is flying to your destination significantly sooner, or there are other suitable modes of transport (such as a bus or train), then you have a right to be booked on to that alternative flight or transport instead.
If I choose to be put on an alternative flight, can I go and stay in a hotel until the new flight departs?
It depends where you are at the point cancellation. If you live in the UK and have not left home yet or do not live far from the airport, the answer will generally be no.
However, if the new flight is due to leave in the early hours of the morning, you may be able to argue that it would be reasonable to stay in a hotel local to the airport the night before. Likewise if you are re-routed to an alternative airport that is further from your home it may be reasonable to stay in a hotel local to the airport.
In either scenario you would have good grounds to claim your ‘reasonable’ hotel costs – which means staying in a budget, not premium, hotel.
If you are visiting the UK and the Heathrow closure is delaying your journey home the situation is very different. In these circumstances the denied boarding regulations will give you the automatic right to either free accommodation (organised by the airline) until the new flight departs, or to have your reasonable accommodation costs reimbursed.
Can I claim for refreshments until the new flight departs?
The denied boarding regulations provide that if you are stuck abroad or at the airport because of a flight cancellation, airlines must also provide you with a reasonable amount of food and drink (often in the form of vouchers).
So, as with accommodation, if you live in the UK it is unlikely that you will be able to claim this for today’s cancellations as you will not have travelled to the airport due to its closure.
Where you are entitled to refreshments, if the airline is unable to arrange food or vouchers, you have the right to organise this yourself and claim back the reasonable cost later. However, please note, no airline reimburses without receipts or other evidence of your expenditure.
Can I claim compensation for my cancelled flight?
Under the denied boarding regulations, the general position with a cancelled flight is that you are entitled to compensation unless the flight was cancelled at least 14 days prior to the date of departure. However, airlines are able to avoid paying compensation where the cause of the cancellation falls within the definition of ‘extraordinary circumstances’.
Generally speaking, any event that is ‘outside of the airline’s’ control falls within this definition, although some events can be argued either way. Here, it is clear that the closure of Heathrow airport was outside the control of the airlines so this event, in my firm view, clearly falls within the definition, meaning you will not be able to claim compensation for today’s flight cancellations.
There is one further test airlines must satisfy to use the extraordinary circumstances defence, which is that they took all reasonable measures to avoid the delay or cancellation. It is clear to see in the case of the Heathrow closure that there were simply no measures that could have been taken.
My flight cancellation today is going to impact my holiday, can I claim compensation for this?
Under the Package Travel Regulations, if your flight can’t be rearranged and your holiday has to be cancelled, or new arrangements are made that result in a significant change to your holiday, then the travel company must offer an alternative holiday if they can, or a refund of the full package price, not just the flight part.
Generally, a change of more than 12 hours on a 14-night holiday is considered a significant change.
If your trip is not classed as a ‘package holiday’, you will not benefit from these protections and as the cause of the cancellation falls within the definition of extraordinary circumstances, you will not be able to claim compensation from the airline for your ruined holiday.
Instead, you will need to potentially turn to your travel insurance to see if this will assist or alternatively contact your holiday or accommodation provider to see if it can help.
Due to my cancelled flight I will now miss a connecting flight, will I be refunded?
This can be tricky. If you booked what is known as a ‘through ticket’, on most occasions you will be able to demand a refund for the missed connecting flight. A through ticket is where you booked the original flight and connecting flight together and have one booking reference or the same ticket number – note, it doesn’t have to be the same airline, just the same booking number.
In other circumstances, if your connecting flight is unaffected by the Heathrow closure and therefore is still able to depart on time, the answer will be no, you cannot receive a refund.
Passengers due to be heading to Heathrow wait at Paddington station. If you are re-routed to an alternative airport that is further from your home it may be reasonable to stay in a hotel local to the airport
If I chose not to take an alternative flight, will the return flight also be refunded?
Yes, under the denied boarding regulations if you decide you do not want to be re-routed you are entitled to all your money back and this means you will get a refund for all parts of the ticket you haven’t used (including return flights).
I’m due to travel from Heathrow next week, should I cancel now as I do not want to wait for a delayed flight?
Absolutely not. If you cancel now you will lose all rights, including your right to a refund as at this stage we do not know precisely what the situation will be next week.
You should therefore sit tight for now and see what happens over the next few days. However, if you are travelling on holiday it be worth contacting your holiday provider and asking what they will do if your flight is delayed or cancelled next week.
If my flight next week is delayed, what rights will I have?
Your airline must provide you with care and assistance if your flight is significantly delayed. The law splits the set timeframes into three categories: i) short-haul flights under 1,500km – your care assistance rights kick in after two hours of waiting, ii) medium-haul flights of 1,500km to 3,500km – your care assistance rights kick in after three hours of waiting; and iii) long-haul flights of over 3,500km – your care assistance rights kick in after four hours of waiting.
As with cancelled flights, where you are entitled to care and assistance, the airline must provide: a reasonable amount of food and drink (often provided in the form of vouchers), a means for you to communicate (often by refunding the cost of your calls), accommodation, if you are re-routed the next day (usually in a nearby hotel), transport to and from the accommodation (or your home, if you are able to return there).
The airline must provide you with these items until it is able to fly you to your destination, no matter how long the delay lasts or what has caused it.
If your flight is delayed by more than five hours, the denied boarding regulations give you the right to cancel and demand a full refund, instead of travelling.
Can I claim compensation if my flight next week is delayed?
The position here will be the same as it is with today’s cancelled flights out of Heathrow. If the cause of the delay is still the after-effects of the Heathrow incident, it is likely to fall within the definition of extraordinary circumstances – meaning you will not be able to claim compensation. But if the delay is due to some other event or reason that is not outside of the airline’s control – you may be able to claim compensation.
What if the airline refuses or fails to help me?
In the first instance you should complain to the airline via its complaints procedure. If this does not solve the issue, you should ask if it is subscribed to one of the two authorised alternative dispute resolution providers, namely: AviationADR or CEDR.
You can also find this information on the Civil Aviation website. If your airline is subscribed, you can lodge a claim with the ADR provider.