Flight disruption compensation: What are your rights?

Millions of passengers face flight disruptions every year. In fact, air passenger rights company AirHelp revealed that 34% of air passengers in the UK suffered flight disruptions in 2023, with more than 3.8 million passengers experiencing cancellations.

Flight disruptions can have knock-on effects on people's holiday plans; from missed travel connections, to delayed luggage, and even losing out on holiday activities you've pre-booked if the delay is significant enough.

However, there are rules in place to protect passengers facing disruption, and it's important that you're aware of your rights and what you're entitled to if you face delays or cancellations.

Can you claim expenses from the airline if your flight is cancelled or delayed?

Under UK and EU law (specifically EU Regulation EC261), the airline is responsible for getting passengers to their destination regardless of the cause for the cancellation or delay. These rules apply if:

• Their flight departs from the UK or the EU
• Their flight arrives in the UK and the EU and was with a UK/EU airline

This means that even if your flight was cancelled due to an issue that had nothing to do with the airline, your airline still needs to book you on to the next available flight to get you to your destination.

If the airline doesn't have any suitable flights within a reasonable timeframe, then you may have the right to be rebooked onto a flight with a different airline instead. They could even consider rebooking you onto a different mode of transport such as, for example, a train. It's worth discussing these options with the airline if the flight you were offered is likely to cause a significant delay.

The airline also has a duty of care towards you and may cover certain expenses depending on how long you are delayed for and whether you need to remain at the airport overnight. These can include:

• Reasonable food and drink expenses
• Reasonable accommodation costs in a nearby hotel if the passenger is rebooked on a flight the following day
• Transport costs to and from the hotel
• Communication costs (i.e. international phone calls may be reimbursed)

In some cases, the airline will provide vouchers for food and drinks or book accommodation in the event of a cancellation. However, passengers may be told to book their own accommodation and buy their own meals and claim back the expenses from the airline later. If this happens, passengers should keep their receipts so they can evidence expenses.

Passengers should ensure that expenses are "reasonable". While there isn't an exact definition of what constitutes "reasonable expenses", the Civil Aviation Authority suggests that alcohol or stays at luxury hotels typically won't be covered. Airlines may be able to provide further guidance on what constitutes a reasonable expense. However, the above rules don't apply straight away.

The table below sums up how long the delay needs to be, depending on your journey length for the expenses rules to apply.

Flight distance	Delay required before the expenses rules kick in
Less than 1,500km	2 hours
Between 1,500km and 3,500km	3 hours
More than 3,500km	4 hours

If your flight is cancelled with less than 14 days' notice without a reasonable alternative or if it is delayed significantly (usually by 5 or more hours) and you no longer wish to travel to your final destination, then the airline must offer you a full refund which comprises the cost of your flight as well as a ticket to your original destination if the delayed or cancelled flight is a connecting flight.

You're entitled to all of this regardless of the reason for the delay or cancellation. But, you may also be entitled to additional monetary compensation if you face a delay or cancellation which is within the airline's control.

Claiming compensation due to delays that are the airline's fault

If the situation causing the delay isn't the airline's fault, the compensation owed wouldn't stretch beyond the 'reasonable expenses' incurred as a result of the delays, outlined above.

If your flight is cancelled or delayed as a result of actions that are the airline's fault, then you could be entitled to additional compensation. This could include technical problems with the aircraft, or delays resulting from the airline overbooking.

The exact amount you could claim would depend on how far you were travelling, how long you were delayed for and when you were informed about the cancellation or delay. Compensation amounts range from between £110 to £520. This is a fixed amount, regardless of the losses you've incurred.

Can you claim compensation from the airline if your luggage is delayed or lost?

If your luggage is missing when you arrive at your destination, you need to report this to the airline right away. There will typically be a kiosk at the airport to allow you to do this. You'll need to fill out a property irregularity report (PIR) so the airline can get to work tracking your luggage. This is why it's also really important to keep hold of your boarding pass and luggage labels until you leave the airport. There may be information on there that you need to provide to trace your luggage.

The airline then has up to 21 days to find your luggage and deliver it to you before it's declared lost. If it is declared lost, then you have the right to ask for compensation for your lost belongings from the airline. You may be asked for proof of purchase of the items that have been lost if you ask for a specific sum.

Even if your luggage is returned to you within 21 days, you still have the right to claim for delayed or damaged luggage. You can typically claim within 7 days of receiving your luggage. You'll need to follow the airline's claims process and may need to provide evidence of items you bought because of the delay.

It is worth noting that the compensation you receive may not cover the true cost of your losses. For example, you might be reimbursed for essentials like toiletries and maybe some clothes. If you try to claim for lost or damaged items, you'll typically be asked to provide receipts proving you bought the items in the first place. This can prove to be a frustrating process as it is unlikely that you'll have receipts for every item in your luggage.

So, in practice, the compensation process via the airline can be slow and even when you do receive reimbursement, it may not cover all of your expenses. However, this is where travel insurance kicks in. If you have travel insurance and you've just arrived at your holiday destination only to find your luggage missing, they may reimburse you for certain expenses (more on this below).

How do you claim compensation from the airline?

Each airline has its own claims and reimbursement process. However, you will typically need to fill out a claims form detailing the events that transpired and what you wish to claim for. It's advisable to contact your airline directly in the first instance as it's against many airlines' T&Cs to use third-party companies to claim compensation or reimbursement. Third-party claims companies also tend to charge a fee which can eat into your compensation.

The Civil Aviation Authority has a detailed guide on how to write a successful claim in the first instance.

If your claim is unsuccessful and you disagree with the airline's reasoning, you can escalate this to the airline's alternative dispute resolution (ADR) body or, if the airline does not belong to a particular ADR scheme, then you can refer your claim to the Civil Aviation Authority.

Can you claim compensation from your package holiday provider if your flight is cancelled or delayed?

If you booked a package holiday, you typically benefit from additional protection under the law.

If your packaged holiday is cancelled as a result of unforeseen circumstances beyond the holiday company's control, then you should receive a full refund of both the flight and the holiday portion. The same rule applies if you face a "significant change to your holiday" which is defined on the Association of British Travel Agents (ABTA) website as more than a 12-hour delay in a 14-night holiday.

ABTA also states that the company may offer you an alternative holiday on a different date instead, if this is possible. Essentially, you should get your money back or an alternative holiday if there are cancellations or significant delays.

In terms of additional monetary compensation, however, you're not typically entitled to this from the package holiday provider unless you can show there has been a breach of contract which the holiday company was responsible for. So, for instance, delays and cancellations due to bad weather or strikes typically won't be covered here as they're out of the company's control. But, if for example, you booked a suite with a sea view but, on arrival, were given a standard room with a view of the car park and this wasn't rectified, you could have a claim as the holiday wasn't as sold. There isn't a set amount of compensation you would be entitled to even if the holiday company did do something wrong which affected your experience.

If you believe you're owed compensation, your first port of call will need to be the company itself. If you don't get the answer you're hoping for, and the company is an ABTA member, you could also register a complaint with them.

It's also worth checking that your packaged holiday is ATOL-protected, as it entitles you to compensation if your holiday operator goes bust. Most commonly, ATOL protection is provided with package holidays which include flights, accommodation and car hire. Flight-only deals are unlikely to be covered by ATOL and flights bought directly with an airline do not provide ATOL protection. Check out our article on ATOL protection to find out what it is and how to claim if your travel operator goes bust before your holiday.

Can you claim on your travel insurance if you face travel disruption?

Your airline is obliged to cover many of the immediate expenses you're likely to incur as a result of delays or cancellations.

That being said, travel insurance can certainly be helpful, particularly if your luggage is delayed or missing as many policies offer additional reimbursement for expenses incurred while you're waiting for your luggage to arrive. Many insurance policies also offer delay cover which kicks in if your flight is significantly delayed to help you cover expenses while you're waiting to be rerouted.

Additionally, if you have booked airport taxis, accommodation and other activities that you miss due to the delay or cancellation, then it might be possible to claim these back on your policy.

Not all travel insurance policies are created equal, however, so we'd suggest you read the fine print and make sure you're getting the coverage you need. The cheapest policy isn't always the best policy. If you haven't booked your travel insurance yet, you can find out more about the different types of travel insurance in our article.

What can you claim for if you face travel disruption?

There is a lot of information here, so we thought we'd sum it up to help you work out what you can actually claim for.

If your flight is cancelled or delayed, your airline should usually be your first port of call as they have a duty of care towards you. 

Even if the delay or cancellation is not the airline's fault, it must:

• Offer to rebook you on a different flight (sometimes with a different airline) to get you to your destination as soon as possible
• Offer you a full refund if you don't wish to take the flight anymore and it has been delayed by more than 5 hours
• Offer to cover reasonable expenses for food, drinks, accommodation and communication while you're waiting to be rerouted
• Find your luggage within 21 days if they've lost it or offer reimbursement
• Offer reimbursement for delayed or damaged belongings (though you'll need to provide evidence)

You may need to claim for some of these expenses after the fact.

But, if the delay or cancellation is the airline's fault, they must do all of the above and pay up to £520 in compensation, depending on how long the flight and delay was. This financial compensation is in addition to its other obligations and applies only if the airline is at fault for the delay or cancellation.

If you booked a package holiday there are additional protections in place. 

If you booked a package holiday and your holiday was cancelled by your provider due to a flight cancellation, then you should receive a full refund or be offered an alternative holiday if this is possible. This rule applies even if you've faced a significant change to your holiday, which is defined as more than a 12-hour delay during a 14-night packaged holiday.

If you have a travel insurance policy, this could provide additional compensation and cover expenses not listed above. 

You'll need to check the wording of your travel insurance policy to see what you're entitled to.