Don’t delay in claiming your cash back for late flights

THE SCHOOL summer holidays are about to start, meaning some of us will be jetting off abroad. It’s inevitable during this, the busiest time of the year, that there will be some flight delays, causing you to either arrive at your destination, or back home, late. If you experience a flight delay, here’s what you will need to know:

What are the rules on flight delays? The relevant law is known as EC261, but this only applies if: a) When you’re flying with an airline based in the EU, the delayed flight departs or arrives at an EU airport; or b) You’re flying with an airline based outside of the EU, but the delayed flight departs from the EU.

It says passengers are entitled to compensation when a flight arrives at its destination three or more hours late. The delay must not have been caused by an event outside of the airline’s control (known as

“extraordinary circumstances”), such as severe adverse weather, a bird hit, air traffic control strike; or manufacturer’s defect (not simply a maintenance issue).

Compensation is per passenger and will not kick in if you’re travelling on a discounted or free ticket not available to the general public. How do I take up my case for compensation?

Firstly complain to the airline, setting out details of your flight and the delay. Allow the airline up to eight weeks to respond, although most will respond far quicker than this. Most airlines have an online complaint form for flight delays, which you will find via the airline’s website. What if the airline says no?

If the airline believes the delay was caused by an event that satisfies the test of “extraordinary circumstances”, it will reject your complaint. However, this does not mean that the airline is right. Also, even if they are correct, the airline also has to be able to show it took reasonable

measures to avoid the delay and often the airlines fail to even mention this when rejecting claims.

If you receive a rejection from the airline, your next port of call is to find out if the airline is a member of an alternative dispute resolution scheme. In the UK, we have two schemes: CEDR at cedr.org.uk deals with British Airways, Condour, Thomas Cook and Tui. Aviation ADR at aviationadr.org.uk deals with other airlines. Or complain to the Passenger Advice and Complaints Team at caa.co.uk