Reader’s question
I was caught up in one of the recent power outages which cancelled flights around Europe. I have claimed back my expenses incurred, including a hotel room, from the airline but have been denied compensation. The airline has said the delays and power outage were outside of its control and therefore it does not owe me compensation under the rules — while I accept this argument, I do think the airline should be paying me some form of compensation because of the way it treated me. I had no communication from the company on the day of my flight until it was cancelled, was not provided with food vouchers or water and had to arrange my own accommodation. Surely they still owed me a duty of care?
Martyn says:
It’s not easy to contact airlines at the best of times, never mind when there’s a problem. That’s why I’d recommend attempting to contact an airline you are thinking about flying with before you book. If it takes longer than five minutes to speak to a human being, I’d reconsider your options.
In this case, the airline is correct… mostly. They certainly do not have to pay compensation for situations that are clearly out of their control. Businesses are not charities and the power surge in Spain and Portugal took out countless other business sectors, none of whom are liable for any compensation (apart from the power generator, arguably).
The scenario is a salutary reminder about a number of potential disasters that can befall us abroad and how we need to be ready to deal with them. Anyone who is planning on taking a holiday should reacquaint themselves with cash and purchase at least 20% of their holiday budget in the local currency before departing. A good travel insurance policy should cover some emergency costs, but it won’t cover everything. And even the best laid plans can go awry.
However, if your flight is cancelled, you are entitled to some basic forms of support. The airline is wrong when it says it does not have to compensate you for these. Here’s how it works.
The law says you are entitled to compensation for delayed or cancelled flights if all three of these conditions apply:
- Your flight must have been delayed by more than three hours past your original arrival time. The clock stops ticking when the door opens at your destination.
- The flight must take off from the UK or European Union or be from an airline based in these countries. Connected flights are also covered if you booked them as one trip, even if you switch to a non-EU airline half way through your journey.
- The issue must be ‘within the control of the airline’. So weather or air-traffic control disputes and power failures are out, aeroplane problems and flight staffing issues are in.
Though you are entitled to compensation for delays and cancellations that are the fault of the airline, you can still claim for some costs you incur even when a situation arises that is out of their control.
The airline still has an obligation to get you to your destination, if it’s safe to do so. This can involve putting you on one of their own flights or failing that, on that of a competitor.
Should this happen to readers in the future, I’d check online to see what flights are available, both with your airline and rival carriers. The Civil Aviation Authority (CAA) has said that if a flight is available on the day of travel, the passenger must be booked on it – even if it is on a rival airline. Of course, when things go badly wrong – as happened with the Spanish/Portuguese power cut – this timescale may extend considerably.
You are also entitled to compensation for costs if you are stuck waiting for a flight. There are four main areas of compensation that apply according to the rules.
- Food and drink. You are entitled to compensation – usually in the form of a voucher – around two to three hours in to the delay depending on where you are traveling too. Don’t go crazy at the caviar stand though as this will only cover a sandwich, snack and drink. If no one hands out any vouchers, keep your receipts for any purchases you make.
- A phone call. This is the cost of contacting people in relation to the delay or cancellation.
- Accommodation. This is the key cost for most stranded passengers. You are entitled to accommodation if you are stranded overnight. If the airline isn’t around to organise this, aim for budget options not five star.
- Transport to and from the airport or accommodation. This is only for people stuck abroad and doesn’t cover taxis or transport home if you are in the UK.
In your case, if you were stranded abroad and were unable to contact the airline, then you are entitled to ‘reasonable’ costs for accommodation, transport and food and drink. However, if you were stuck in the UK waiting to travel, it’s likely the airline will argue that you could have just gone back home. If this wasn’t feasible, then you’d need to demonstrate why this wasn’t possible.
I’d also add that airlines do not like hefty taxi bills, so if there’s alternative transportation available, they expect you to take it. It’s also pretty rare for them to cough up to get you home when you are in the UK too if the delay or cancellation is not their fault.
As the airline has turned your claim down, ask them who their Alternative Dispute Resolution (ADR) service is. This is similar to an ombudsman scheme who can consider your complaint in these circumstances. Some of them are reportedly rather poor, so report any airline and ADR scheme that does not follow the rules to the CAA.