IT failures at Gatwick and Heathrow have put the spotlight on passengers’ rights. Here’s how to claim when things go wrong

As a computer outage in British Airways’ systems caused chaos in airports last weekend, thousands of passengers faced havoc just when they were looking forward to a break.

And for many who had already checked in their baggage, there was the added frustration that it was sent on to their destinations while they were still stranded.

The chaos at Gatwick and Heathrow put a renewed spotlight on where passengers stand when faced with these problems.

For BA, a £100m compensation bill could be just the start Read more

So what are your rights?

When am I covered?

In the case of delays, European Union law gives significant cover for flights that have departed from an airport within the EU (plus Iceland, Liechtenstein, Norway and Switzerland) operated by any airline, and for flights arriving at an EU airport and operated by an EU airline.

What passengers can get depends on whether they are flying a short distance (less than 1,500km); medium distance (between 1,500km and 3,500km) or long distance (over 3,500km). Passengers delayed for over three hours can claim £220 for a short flight and £350 for a medium flight. For long-haul flights, it’s £260 for delays between three and four hours, and £520 after that.

According to the Civil Aviation Authority (CAA), anyone delayed for over five hours can get a refund on the flight if they don’t want to fly any more.

If any flight is cancelled, under EU law airlines have to provide a refund or arrange an alternative flight. The right to compensation depends on the reason for the cancellation and airlines can claim “extraordinary circumstances” such as security risk or severe weather.

The consumer rights magazine Which? says it is worth challenging an airline if you don’t agree with its often-used claim of “extraordinary circumstances”, for example “if you’re told you can’t fly due to weather conditions, but other flights are departing”.

Frank Brehany, consumer director of HolidayTravelWatch – which helps people complain about holiday problems – says he recently dealt with a case where a flight from Toulouse to London had been cancelled.

Passengers were not compensated properly as the airline claimed there had been an “unexpected strike”. However, because the strike had been planned in advance, passengers received full compensation.

When am I not covered?

You cannot rely on EU regulations when flying into Britain from outside the EU on non-European airlines – for example a journey from Dubai to London operated by Emirates.

While some countries, such as Turkey, have similar policies to the EU, others have more limited rights.

“Depending on the type of ticket, they may do a lot for you and they may do nothing, just get you home,” says one person who works in airline regulation.

With US airlines, if there is a problem such as bad weather, you only have protections that are specified in the carrier’s contract or American regulations, which are weaker than those in the EU, says Brehany.

“In those circumstances consumers have found that they have had to battle with US airlines and, in some cases, have spent many months seeking compensation for delays or, indeed, cancellations; it appears, also, that it is difficult for the US regulator to secure a resolution. Often consumers are left with little choice but to seek recompense through their credit card supplier or travel insurer,” he adds.

“Those using airlines, say, from the Middle East, may find that they face the same difficulties; however, some non-EU airlines actually incorporate EU regulations into their terms and conditions.”

What about package holidays?

With deals for hotels and charter flights bundled together, all-inclusive holidays are the preferred choice for thousands of British families. But your rights are the same as if you book the flight alone. “All flights from the EU or into the EU on an EU airline are covered by the legislation regardless of whether it forms part of a package or not. Make a claim directly to the airline responsible, rather than the tour operator or travel agent they booked with,” says Matt Buffey of the CAA.

Where are my bags?

As well as the chaos of having no flights to get on, many of those disrupted by the BA outage had no baggage, either. The airline spent days returning tens of thousands of items, some of which were forwarded to destinations while their owners were stuck in London.

Airlines are responsible, under the Montreal convention, for bags that are checked in. The best way to report a problem is by filing a “property irregularity report” before leaving the baggage reclaim area, says Brehany.

If there is a delay in filing the report, the airline may reject the late claims. “Your rights are contained under the convention and it is clear that you must present receipts for any items you buy until you are reunited with your baggage,” he adds.

“The convention sets out the maximum level of compensation you can receive under special drawing rights for lost/delayed bags; this is currently valued at just over £1,300 – remember, you may not receive the maximum and you should be prepared to be challenged about expenditure.”

Bags that have not turned up within 21 days are considered lost.

Upgrading and downgrading

No passenger will pass on being upgraded to business or first class. But being downgraded due to lack of seats can result in a reimbursement.

According to the CAA, being downgraded on a short flight can result in a 30% refund; on a medium-haul flight 50% and long haul 75%. You must be reimbursed within seven days. “The rules are clear: if they move you to a higher class, they cannot request an additional payment,” says Brehany.

What if the airline doesn’t pay?

Under dispute legislation introduced last year, passengers who have been unable to resolve a complaint with an airline can get an independent decision which must be abided by.

“The majority of UK airlines already offer passengers access to these services and nearly 80% of journeys from the UK are now covered by airlines who are signed up to dispute resolution services,” says Buffey.

“We are continuing our work to ensure airlines provide passengers with the support they are entitled to, and will not hesitate to take action if we see airlines systematically failing to comply with the regulations.”