UK air traffic control failure Q&A - rights if your flight is delayed or cancelled

A system failure at UK air traffic control has led to thousands of flight cancellations and hundreds of thousands of passengers being stranded abroad.

While the technical issue is now fixed, flight cancellations, delays will continue through the rest of this week.  British Airways, EasyJet, Ryanair and other airlines have advised passengers to check flight information before travelling to the airport.

On Monday morning, when we checked 25 flights at Heathrow, Gatwick, Stansted and Birmingham, less than half of flights were departing as scheduled. More than one quarter had been cancelled.

For more independent travel advice and recommendations, How long is flight disruption going to last?

The reason for continuing delays is because so many planes, and crew, are not in the airport they are needed. Disruption will start to ease quickly, but it is likely to take several days for a normal service to resume.

Some airlines are better prepared for disruption and will recover more quickly.

My flight has been cancelled, what are my rights?What if the airline won’t get me home quickly? 

Airlines are legally required to transport you to your destination as soon as possible. That means on other airlines or other routes, if necessary. Many airlines routinely ignore this law, and only allow you to rebook with them or ‘partner’ airlines. This can mean passengers are stranded at their destination for days.

If other airlines can get you home several hours or days before the rerouting offered by your airline, ask your carrier about rebooking you. If it refuses, you can book the alternate flight yourself and claim the money back.

Unfortunately, it may take several months to get your money as airlines often drag their heels on pay outs. It’s also crucial that you don’t accept a refund from your original airline. Your legal rights are to rerouting or a refund, but not both.

My flight is cancelled, and I’m stuck overnight- what do I do?

Airlines have a duty of care to passengers, and are required to provide food and drink after two to three hours of delay.

Food and drink is often provided by airline staff by vouchers, or you may be told to buy a meal and claim the money back. It’s often the case that there are no staff, but your rights don’t change. You can purchase a meal at the airport and claim the money back – don’t splash out, expenses must be ‘reasonable’ and keep all receipts.

If you can’t get help from the airline, book yourself into a standard double room at a midrange or budget hotel (expenses must be reasonable) and you can again claim those costs back from the airline. Unless it suits you for an early departure the next day, there is no reason to sleep at the airport.

Can I claim compensation? 

It depends. The air traffic control failure took place on 28 August. Any disruption on that day and the following days will be classed as extraordinary circumstances, which means no compensation is due.

However, if your flight several days or a week later is cancelled or delayed and the airline claims it’s a result of the air traffic control system failure, you may be due compensation.

The airline may still claim this is an extraordinary circumstance, but if it appears other carriers are operating as normal to your destination you should consider lodging a claim for compensation.

What about travel insurance for flight delays and cancellations 

Some policies will have a set amount they pay out, minus any excess, for delays over a certain period or cancellations. You may also have complimentary airport lounge access in your policy.



source https://www.which.co.uk/news/article/uk-air-traffic-control-failure-qa-rights-if-your-flight-is-delayed-or-cancelled-a4MTn3u2jXOz
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