Many travellers planning international trips are increasingly concerned about the escalating conflict in the Middle East and how it may affect their flights. Questions around cancellations, refunds and passenger rights are becoming more common as airlines adjust routes and schedules.
Coby Benson, a solicitor at Bott and Co, explains what rights passengers have if their flight is disrupted or cancelled, particularly for those struggling to obtain refunds or unsure what they may be entitled to claim.
For those departing from the UK to destinations across the region and beyond, we answer the most frequently asked questions about flight disruption, refunds and compensation.
Flight Cancelled: Departing from or Arriving in the EU/UK
If a flight leaving the EU/UK or arriving into the EU/UK with an EU/UK airline is cancelled, it will be covered by Regulation 261/2004. Regardless of when the flight is cancelled, the passenger is entitled to the option of:
- A full refund; or
- A free replacement flight to their final destination, even if it’s with a different airline (this is useful if another airline has chosen to still operate to the final destination); or
- A free replacement flight at a later date, subject to availability of seats (this means the passenger can choose any future date to fly again, perhaps once the travel restrictions have been lifted).
This is all to be claimed from and paid for by the operating air carrier, not the company that sold the ticket.
Upcoming Flights: When Airlines Are Awaiting Official Advice
If the flight is scheduled for a future but imminent date and airlines are still waiting to see what the official advice is, then the options are the same as the above.
Connecting Flights Through Restricted or No-Fly Areas
If the trip involves a connecting flight through a no-fly area, the rights apply to getting to the ‘final destination’.
For example, if a passenger was due to fly from Heathrow to Dubai and onto Sydney and the flight from Heathrow was cancelled, then the operating air carrier will still be obliged to get them to Sydney or provide a refund, if the passenger prefers.
Separately Booked Connecting Flights
If a cancelled flight and a connecting flight are booked separately, the customer would not be entitled to a refund of the latter. It only applies to connecting flights booked together. If they book two flights separately then the operating air carrier has no responsibility for the subsequent flights.
Flight Not Cancelled but Concerned About Travelling to Risk Areas
If the flight is not cancelled but the passenger is concerned about travelling to or through a potentially at-risk area, unfortunately, in these circumstances the passenger has no right to a refund or replacement flight. This is unless they happened to have purchased a flexible ticket that allows changes or a cancellation.
Refunds via Third-Party Booking Platforms
If the passenger wishes to enforce their rights under the Regulation then they should contact the operating air carrier, it has nothing to do with the agent/third-party booking platform at that point.
Section 75 of the Consumer Credit Act and Your Flight Refund
Section 75 of the Consumer Credit Act 1974 applies to claims for breach of contract or misrepresentation and is unlikely to apply in this situation (In any event the rights under Regulation 261/2004 are far more generous).
If the refund is being claimed under Regulation 261/2004 then there’s no doubt about it, it should come from the operating air carrier.
Compensation for Flight Delays or Cancellations
Compensation is normally payable for cancellations or long delays (+3 hours) unless the delay is caused by “extraordinary circumstances.”
Extraordinary circumstances include events outside the airline’s control.
If the flight is delayed or cancelled due to government restrictions (e.g, the UK Foreign Office advising against travel, airspace closure, or conflict in the region), this is generally considered extraordinary circumstances.
In these cases, passengers can get a refund or rerouting, but airlines are not legally obliged to pay additional compensation under Regulation 261/2004.