For many one of the first things that people wanted to do when covid related travel restrictions were lifted, was to book a holiday. With great excitement and anticipation, the suitcases were dusted off and holiday outfits were purchased.

In April international traffic rose 480% versus April 2021. However, far from being a pleasant transition back to normal, headlines are dominated by stories of cancelled flights, delays at airports and some being stranded abroad, leaving questions of what legal remedies are available.
The issue of compensation for delays can be a tricky matter and much depends on the timing of the delay/cancellation and the airport from which someone is departing and arriving.

Claiming Compensation
Although you may be entitled to compensation, reimbursement is not automatic. The relevant airline carrier needs to be contacted for a claim to be submitted.

Extraordinary Circumstances
The airline may be able to reject a claim for compensation where ‘extraordinary circumstances’ apply. This means that the reason for the delay or cancellation was outside of their control. It is unlikely to cover the recurring incidence of delay and cancelation caused by staffing levels.
Understanding the right to compensation is helpful, but it doesn’t prevent the panic that sets in when you’re a flight is delayed or cancelled. The suggestions below may help to formulate a plan ‘B’:
• Prior to the trip, check sites such as Flight Aware or Flight Radar to see the history of your flight. This will allow an assessment of how frequently the flight is actually departing and whether a delay is common.
• Research what alternative flights may be available in the event of a cancellation. Such things as which airport may have alternative flights and other hotel and travel options may be useful to consider in advance.
• Keep all receipts for expenses for things such as food and other out of pocket expenses. Typically, the airline will provide food vouchers where they are obliged to help in the case of delay or cancellation. If the receipts from the purchases will enable an additional claim to the airline later. All expenses must be reasonable which is unlikely to include alcoholic drinks or the most expensive food options.
Consumer rights in this situation can be confusing and complex so we have prepared an additional factsheet for distribution to those who have our factsheet package.

In the meantime, take care and do get in touch with me via email if you would like anything additionally from us.

Published On: July 12th, 2022

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