Q. My partner and a few friends were travelling home from abroad recently. Unfortunately we were caught up in the Storm Ashley disruptions. The airline were going to put us up in a hotel, but could not guarantee that we were going to get home the following day. For a variety of reasons, mainly down to childcare, half of our party decided to try and get home via ferry and the others stayed to wait for flights. We eventually all ended up home at the same time. We know we can claim compensation, but how do we go about it?
Dear Reader,
Precisely what you are entitled to depends greatly on where you were flying from, where you were flying to, and how long your flight was delayed or cancelled.
The first thing to note is that, given that your flights were rerouted or cancelled due to the weather, you are not actually entitled to compensation. The relevant European laws confirm that compensation is not payable where the delay was due to “extraordinary circumstances”.
Where your flight has been delayed or rerouted, you are generally entitled to what is known as “care and assistance”. This means food, refreshments, hotel accommodation, and telephone access. Often, and especially with lower cost airlines, the support given can be less than expected. In such a circumstance, you should retain and submit receipts.
The airline is generally obligated to ensure that your flight is rerouted to as close a time as possible or to refund of the cost of the unused flight ticket. If the flight were rerouted to another airport, the airline is obligated to provide a connection.
For those of you who remained with the airline, the fact that you got back home (even delayed) means that the airline has complied with their obligations.
For those of your party who decided to make alternative arrangements, it is unlikely that the airline would be obligated to discharge such costs. They may be entitled to a refund of the cost of the ticket if no part of the return ticket was used. If some of the party had used part of the return ticket, then a refund could not be demanded.
You might be covered by your travel insurance, either a separate insurance policy or perhaps through your credit card or similar. Your entitlement to claim from your insurance may be better from what you can claim from the airlines.
