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What To Do If Your Flight Was Delayed or Cancelled

Airlines regularly cancel or delay their flights. Luckily, the law regulates the relationships between airlines and their passengers.

Air travellers in the US are protected by law but not so broadly as in the EU or the UK. Passengers flying on the European Union air carriers have robust protection of their rights. In the US, the situation is not so good.

Learn about your rights and how to exercise them. This is especially important for digital nomads and other frequent travellers.

Table of Contents

Who Is Eligible For Compensations And Other Air Passenger Rights In US, EU And UK?

US air passenger rights apply:

  • If your flight is within the US.
  • If your flight is to the US.
  • If your flight is from the US.

EU air passenger rights apply:

  • If your flight is within the EU and is operated either by an EU or a non-EU airline.
  • If your flight arrives in the EU from outside the EU and is operated by an EU airline.
  • If your flight departs from the EU to a non-EU country operated by an EU or a non-EU airline.

Note, from 1 January 2021 the EU rules on air passenger rights ceased to apply for flights originating from the UK to EU destinations if they are operated by a UK carrier or another non-EU carrier.

UK air passenger rights apply:

  • If your flight departs from the UK on any airline, or
  • If your flight arrives in the UK on an EU or UK airline; or
  • If your flight arrives in the EU on a UK airline.

Delayed Flights. What Rights Do I Have?

If a US air carrier delays your flight, you are not entitled to money or other compensation.  There are no federal laws requiring airlines to provide compensation for delayed flights.

Each airline has its own policies about what they’ll do for delayed passengers, but if your flight is delayed by more than 12 hours it’s worth asking airline staff what your options are. They may be able to pay for a meal or offer you accommodation in the meantime. While some airlines offer these amenities to passengers, others do not provide any amenities to stranded passengers.

If your flight is delayed, you can try to make other arrangements such as booking another airline’s ticket. However, there are no federal regulations requiring airlines to put you on another airline’s flight or reimburse you if you purchase a ticket on another airline. Don’t forget that booking a ticket or changing flights becomes more difficult and time to complete if you have checked bags.

If your flight is delayed at departure, you are entitled to:

  • meals and refreshments and 2 free telephone calls, emails or faxes. These rights depend on the length of the delay and distance of your flight as follows: a) a delay of 2 hours or more for flights of 1,500 km or less; b) a delay of 3 hours or more for intra-EU flights of more than 1,500 km and for all other flights between 1,500 and 3,000 km; c) a delay of 4 hours or more for all other flights.
  • If you have paid for your own meals and refreshments, the airline should reimburse you, provided the expense was necessary, reasonable and appropriate. You should keep all receipts for this type of expense.
  • hotel accommodation and transport to and from the airport if you’ve been offered a new departure time the day after, then you’re entitled to. This is in addition to any other support offered by your airline.
  • the airline must reimburse your ticket and, if possible, offer you a return trip to the airport of flight departure if your flight is delayed by at least 5 hours at departure.

If you arrive at your final destination with a delay of more than 3 hours, you are entitled to compensation, unless the delay was due to force majeure:

  • 250 EUR for flights of 1,500 km or less;
  • 400 EUR for more than 1,500 km within the EU and all other flights between 1,500 and 3,500 km;
  • 600 EUR for flights of more than 3,500 km.

Airlines must provide care and assistance if your flight is significantly delayed:

  • a delay of 2 hours or more for flights of 1,500 km or less;
  • a delay of 3 hours or more for flights between 1,500 and 3,500 km;
  • a delay of 4 hours or more for flights over 3,500 km.

Airlines must provide a reasonable amount of food and drink, a means for you to communicate, accommodation (if you are re-routed the next day) and transport to and from the accommodation (or your home, if you can return there). These items must be available to you until you can fly to your destination. The duration of the delay or its causes doesn’t matter.

In addition, airlines must provide you with compensation if your flight arrives at its destination more than 3 hours late. You are not entitled to any compensation if the delay is not the airline’s fault.

The amount of the compensation depends on the flight length:

  • 220 GBP for flights of 1,500 km or less;
  • 350 GBP for flights between 1,500 and 3,500 km;
  • 520 GBP for flights over 3,500 km. However, you will receive only 260 GBP if you reach your destination with a delay of under 4 hours.

One more right. If your flight is more than 5 hours delayed, you may be eligible for a refund.

Cancelled Flight. What Rights Do I Have?

If your flight is cancelled and you choose to cancel your trip as a result, you are entitled to a refund for the unused transportation – even for non-refundable tickets.  If your flight is cancelled and you decide to rebook the same flight within the airline’s fare rules, you might be eligible for a refund on your baggage fees or other paid extras, such as a seat assignment.  

Airlines are not legally obligated to provide you with a hotel room or other travel necessities when you are delayed between flights. Flights are valid for cancellation coverage only to include the ticket itself, flights, and products relating to your ticket. Meaning that when your flight gets cancelled, the airline does not have obligations beyond giving you the same thing they would give someone who never purchased a ticket.

Airlines often offer vouchers instead of refunds for cancelled flights, but understand that such vouchers might be restricted. Be sure to ask the airline about the limitations of your voucher, such as blackouts and expiration dates.

If your flight gets cancelled, note that your airline may be able to put you on another airline’s flight. However, they aren’t obligated to do so. If the airline isn’t transferring tickets to other airlines that have flights available, ask them if they can help out.

If your flight is cancelled or you’re denied boarding for any reason, you have the choice between:

  • having your ticket reimbursed;
  • being re-routed to your destination;
  • if seats are available, re-routing at a later date at your convenience.

Airlines must also offer you and provide assistance while you wait. The assistance must be provided free of charge and include: refreshments; food; accommodation (if you are rebooked to travel the next day); transport to your accommodation and return to the airport; 2 telephone calls, telex, fax messages or emails.

In addition, if you were informed of the cancellation less than 14 days before the scheduled departure date, you are entitled to:

  • 250 EUR for flights of 1,500 km or less;
  • 400 EUR for more than 1,500 km within the EU and all other flights between 1,500 and 3,500 km;
  • 600 EUR for flights of more than 3,500 km.

However, you don’t have the right to receive compensation if the flight has been cancelled because of force majeure (e.g. bad weather conditions).

If your flight has been cancelled, you are entitled to care and assistance from the airline.

Airlines are legally bound to provide passengers with: sufficient food & drink, letting them communicate with loved ones via phone or social media, and accommodation when they are re-routed the following day. They should also allow you to travel back home if you can manage it yourself.

If you received less than 14 days’ notice of the cancellation, you might be able to claim compensation too.

If you receive between 7-14 days’ notice of a flight cancellation, you can claim compensation based on the timings of the alternative flight:

If you received less than 7 days’ notice of the cancellation:

You also have the right to rearrange your flight or get a refund:

  • Refund. You can get your money back for all parts of the ticket you haven’t used. If your connecting flight is cancelled, you are also entitled to a flight back to your original departure point if you have already completed part of the journey; or
  • Alternative flight. The airline may be able to offer a flight at a later date that will work for you. If you still want to travel, they’ll try their best to find an alternative flight. It’s up to you whether you want to do it as soon as possible or wait until your preferred date. Most airlines will provide you with an alternative flight to your destination if it is significantly quicker. However, if the only other mode of transport available (e.g. car, rail) is not suitable, then they may not be obliged to do this for you.

How To Exercise My (Consumer) Rights?

You can use the below steps to protect your rights when a flight is cancelled or delayed. If you bought a refundable ticket and the airline refuses to pay you a refund you can use them as well.

Step 1. Contact Airlines (FRIENDLY)

If airlines fail to provide you with compensation, refund or other benefits to which you are entitled, you must contact the airlines. On most airlines’ websites, you can find information and particular online forms to provide a complaint or request. For example:

Step 2. Contact Airlines (ANGRILY)

If the airline fails to answer you within a reasonable period of time or avoids providing you with a straight answer, I use an “attack a castle” method. I search for all available emails of the airline and each day repeat my email (e.g. “Hi, on [date] I have submitted a request/complaint/etc. Until today I haven’t received any answer from you. Hope that you will do that soon. Regards [name, surname]”).

You can find email addresses by googling or using websites like Hunter, which lets you find professional email addresses in seconds.

Step 3. Complaint To The Authorities

If the airline doesn’t answer you or refuses to exercise your rights, you can submit a claim to the competent authority.

You can lodge a complaint to the U.S. Department of Transportation’s Office of Aviation Consumer Protection. The online complaint form is available here.

Suppose your complaint is not responded to within 2 months, or you are dissatisfied with the response. In that case, you can file a claim with the appropriate national authority, typically in the country where the incident took place. The list of national authorities is available here.

You can also try to resolve your dispute using out-of-court procedures or an Alternative Dispute Resolution entity (ADR). If you bought your ticket online, you could submit your complaint via the Online Dispute Resolution (ODR) platform. However, ADR and ODR are only available to EU residents.

If you think the airline has given you an incorrect rejection, let them know. If they turn down your request again, send the complaint to a third party for review. Some airlines and airports are members of alternative dispute resolution bodies (ADR) and should provide you with the details of the relevant ADR scheme. See the ADR page for more information on ADR.

If the airline that has rejected your claim is not a member of an ADR scheme, the UK Civil Aviation Authority (CAA) can help you. Learn more about how the CAA can help.

Complaining Through Online Intermediaries

Claims management companies can help you to submit a claim to airlines in the event of an airline delay, cancellation, or lost luggage. They will review your claim and provide you with a free quote for their services. There is no need to worry about the process because they will take care of it all for you.

Many such intermediaries are offering their services on the Internet:

These companies will handle the entire process instead of you.

However, be aware that intermediaries charge enormous fees for their services. For example, according to the price list of Skycop, if this company successfully helped you to claim your compensation of 600 EUR, Skycop’s remuneration is 217,80 EUR, including applicable VAT. So, Skycop’s commission fee is almost 40 per cent!

Websites Of Government Agencies Protecting Air Travellers (Consumers)

In The United States

The U.S. Department of Transportation’s Office of Aviation Consumer Protection has many responsibilities, including handling complaints and educating the public on consumers’ rights. To learn more about your rights and the department’s activity, visit its website.

In The European Union

Detailed information on aviation consumer protection is available on the official website of the European Union.

In The United Kingdom

The UK Civil Aviation Authority (CAA) protects consumers travelling by air. You can find helpful information on CAA’s website.

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Images from Pixabay.

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