Air Travel Compensation

What are my passenger rights?

People who want to start their long-awaited holiday or return home after their trip usually rely on flights taking off as planned. Unfortunately, it happens again and again that flights are delayed, cancelled or the connecting flight is missed. The good news for affected passengers: In such cases, travellers have extensive rights under Air Passenger Rights Regulations and may be entitled to a ticket refund or compensation. This is at least some recompense for the inconvenience caused.

Flight Compensation refers to a monetary amount provided to passenger as a form of compensation for the inconvenience, frustration experienced due to flight delays, cancellations or denied boarding. Compensation is typically granted when the airline is at fault for the disruption, such as operational issues or overbooking. The specific criteria for eligibility and the amount of compensation vary depending on the applicable Regulations which is where we can help.

A ticket refund, on the other hand, involves reimbursing passengers the full or partial cost of their unused tickets. This typically occurs when passengers choose not to proceed with their travel plans due to flight cancellations, significant delays, or other qualifying reasons. The refund may cover the entire ticket fare or a portion of it, depending on the circumstances and the airline’s refund policy. In some instances, you may be entitled to both a ticket refund and Compensation.

If a flight is cancelled, you can claim compensation for the flight cancellation under air passenger regulations if:

• the airline informs you of the cancellation less than 14 days before the scheduled departure, and
• the airline itself caused the cancellation.

If the flight is cancelled through no fault of the airline, you are entitled to a replacement flight or rebooking, or you can claim back the ticket costs, including any additional costs for seat reservations or luggage. You do not have to accept vouchers. If the cancellation occurs at very short notice, the airline is to blame, and no replacement flight is offered, you can claim both compensation and a ticket refund.

If your flight arrives at its destination with a delay of more than 3 hours, you could potentially be eligible for compensation, provided that the airline is responsible for the delay. Additionally, if the delay results in long waiting times at the airport, the airline is required to provide you with complimentary drinks and snacks.

To ensure that flight connections operate at full capacity, airlines can regularly overbook flights. If the airline informs you that your flight is overbooked and you cannot travel as planned, you can ask the airline for a prompt replacement flight or ticket reimbursement. If you are made to wait a long time at the airport, you are also entitled to benefits and provisions for this. Compensation may apply providing you did not voluntarily give up your seat and your flight meets the eligibility criteria.

The amount of the compensation claim depends on the length of the flightpath. How much you paid for the ticket is irrelevant for the compensation. Under the UK Regulations for short-haul flights (less than 1,500 kilometres), you are entitled to compensation of £220 per person.

For medium-haul flights (up to 3,500 kilometres) you are entitled to £350. For long-haul flights (over 3,500 kilometres), the possible compensation amount increases to £520. The figures are slightly different where claims fall under EU rather than UK jurisdiction but are broadly similar.

Compensation per passenger

Whenever air traffic control, airport staff or airline employees go on strike, there are frequent delays in flight operations. In principle, you have comprehensive rights as a passenger even during a strike. For example, you are entitled to a replacement transport at the next possible time. If there are long waiting times at the airport, you are entitled to free refreshments in the form of snacks and drinks and even hotel accommodation from your airline.

If your departure is delayed by more than 5 hours, you have the right to withdraw from your flight. The airline must then refund the ticket price. If the airline staff go on strike, you may be entitled to compensation in the event of a flight cancellation or a lengthy delay.

In principle, airlines do not have to pay compensation if the cause of the flight problem is beyond their control. These are referred to as “Extraordinary Circumstances”. Extraordinary Circumstances include events such as strike action by air traffic control or airport staff, severe weather conditions, acts of terrorism, airport and airspace closures, border closures and natural disasters like volcanic eruptions.
If for example, a flight is delayed or cancelled due to bad weather, you as a passenger are not entitled to compensation, but the airline still has obligations towards you under the UK & EU Passenger Rights Regulations.

In the UK, you can assert your claims under air passenger law against the airline up to 6 years after your problem flight. So, if you have experienced a flight delay, cancellation, or any other flight irregularity in the past 6 years you can still make a claim today. The time limits for claims under the EU Regulations can be more complicated and can vary by country.

Yes, Air Passenger Rights Regulations also apply to package holidays. If your flight is cancelled or delayed, you are potentially entitled to compensation or a ticket refund, even if you booked with a tour operator. If your trip cannot take place and is completely cancelled by the tour operator, e.g., due to Coronavirus, you have the right to a refund of your travel costs.

Typical Flight Compensation Thresholds (Based on a party of 2 passengers)

Table of stats

Compensation is awarded for your delay or cancelled flight and is separate to any refund for your ticket received from the airline. We recommend seeking out professional support to enforce your claims as passengers who make claims on their own can often be put off or even completely ignored by the airlines. Trusted and experienced air passenger rights experts like Air Travel Claim and My Law Matters, can help you successfully enforce your rights.

Starting your claim is simple: Simply enter your flight details online at www.airtravelclaim.com. If you have a valid claim, you can use the Air Travel Claim and My Law Matters services to enforce your rights. Our experts will make sure you get your compensation from the airline.

It is always advisable to get their airline confirm the reason for the flight disruption in writing when discussing a ticket refund as this can be helpful for enforcing your claims later. If the flight problem occurs at very short notice, e.g., if you are already at the airport and there are long delays, then be sure to insist on the benefits you are entitled to from the airline.

EU Air Passenger Rights Regulation 261/2004 EU261 came into force in 2005 at which time the UK was a member of the EU. Following Brexit, the UK decided to adopt the majority of the EU Regulations into UK law UK261 They do however operate separately.

The current regulations, EU261 and UK261 are very similar in terms of how under what circumstances a passenger is entitled to claim compensation. The most obvious difference is that under the EU Regulation compensation is valued in EUR € and in the UK its GBP £. Where the Airline accepts compensation is due it will pay out in the relevant currency depending on relevant Jurisdiction.

However, where the Airline ignores or unreasonably refuses to pay compensation and then the issue of which Regulations apply will be paramount in deciding how to pursue the matter through the relevant legal system. My Law Matters are partnering with ATC and where applicable will issue the claim through the Courts. They can only do so where UK261 Regulations apply. The UK courts have no jurisdiction and cannot enforce any claim arising from EU261 Regulations.

UK261 applies where you:

• Depart from an airport in the UK on any airline, or
• Arriving at an airport in the UK on an EU or UK airline; or
• Arriving at an airport in the EU on a UK airline.

EU261 applies where you:

Departing from an airport located in the territory of a Member State to which the Treaty applies.
• Departing from an EU/EEA member state, or
• Arrive at an EU/EEA member state on an airline based in an EU/EEA member state.

In both instances you must have a confirmed reservation and arrived for check-in as indicated by the airlines or where not stipulated, no less than 45 minutes prior to the scheduled departure time.

The Montreal Convention is an international treaty which provides a standardised framework for addressing passenger flight claims, including injuries, fatalities, lost baggage, and damaged cargo, for international flights. While it doesn’t offer or guarantee compensation, it establishes a legal basis for passengers and cargo owners to seek compensation for damages resulting from these incidents.

1. Complete the online Air Travel Claim form – Ensure you have your flight details ready before you get started which includes your booking reference, arrival and departure airports and date of flight. You can claim on behalf of everyone who travelled with you on your booking within the same form, with their permission.

2. Your claim will be assessed – The team at Air Travel Claim will verify your claim and if your claim is valid, your case will be referred to us, My Law Matters, who will get to work on the process of getting your compensation from the airline. Both Air Travel Claim and My Law Matters operate on a no-win, no-fee basis, which means that you do not pay any fees unless compensation is received, and you will be kept informed throughout.

3. Payment is made – Once the airline has agreed to settle your claim and compensation is received, you will receive payment of your compensation directly to your bank account. Please make sure to give us your bank details when requested.

Using a claims specialist such as Air Travel Claim to pursue compensation on your behalf not only offers you peace of mind knowing you have a knowledgeable advocate on your side, but also provides several other benefits from using their service:

1. No Win – No Fee
2. Free to check
3. No upfront cost
4. Simple online form to start your claim
5. Straightforward process for your ease to claim
6. Technology to confirm the validity of your claim
7. Experienced specialists
8. Submission of the letter of claim to the airline on your behalf
9. And if Court proceedings are necessary;

• Court fees are paid on your behalf
• Draft court proceedings are completed on your behalf
• Court representation is provided

Using a claims specialist can simplify the process, increase your chances of success, and ensure that you receive the compensation you’re entitled to in the event of flight disruption. It’s a valuable service for passengers seeking to assert their rights and mitigate the inconveniences caused by flight disruptions.

The processing duration for each claim differs depending on the unique circumstances of the case. Factors such as the specific flight details, the airline involved and legal complexities contribute to the varying timeline required to resolve your case. Air Travel Claim and My Law Matters are committed to processing your claim as quickly as possible ensuring you stay updated throughout the process.

Utilising the services of more than one company to deal with a claim can lead to complications with the airline and could potentially result in the obligation to pay multiple success fees if compensation is awarded. We will ease the claims process for you and endeavour to resolve and agree compensation with the airline as quickly as possible.

If your flight claim was previously rejected by the airline, you may still be eligible to submit a claim. The initial rejection by the airline does not necessarily mean that you are not eligible for compensation. By submitting your claim with our partner Air Travel Claim, they will assess the details of your case and the team will carefully review the circumstances to determine if there are grounds for a successful claim.

In most cases a booking reference is all that is needed to make a flight claim. Occasionally cases are elevated to a law firm, such as My Law Matters, for litigation so if possible, we would recommend keeping all your travel documents. If you no longer have access to these documents, providing proof of payment for your original ticket could still enable us to proceed with your claim. Additionally, travel agents or the airline itself can often assist in obtaining copies of the documents if these are needed.

If you’ve had to unfortunately cancel a flight due to an illness, a lost passport, or for another reason, unfortunately Regulations UK261 or EU261 do not include provisions for compensation in these types of situations. Regrettably, this means we won’t be able to offer our assistance in this instance.

However, it’s worth checking the terms and conditions of your travel insurance policy, as some situations might be covered there. If you have any questions about your policy or need further guidance, don’t hesitate to reach out to your insurance provider. They should be able to provide you with the necessary assistance..

We understand that this might not be the outcome you were hoping for, but please know that should you encounter any future flight disruptions then please visit www.airtravelclaim.com where they’ll be more than happy to assist you.

The rights pertaining to flight cancellations for UK travellers continue to be in effect and have undergone minimal alterations. Passengers who depart from or arrive in the UK on a UK airline can claim compensation of up to £520 for eligible flight cancellations or delays.

As part of the UK’s departure from the EU, a new legislation called “retained EU law” was introduced. In essence, this entailed the adoption of a substantial amount of EU law into the UK legal system and the updated version of UK air passenger rights, commonly referred to as “UK 261,” has experienced limited changes thus far.

Navigating through these legal systems can be challenging for passengers, so our partner Air Travel Claim and My Law Matters, have simplified the claims process as much as possible and we only charge a fee for successful claims.