Claim back the cost of travel chaos
By
Deputy Editor
Tim Bennett Apr 10, 2008
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After £4.3bn and a load of hype, we have a sleek new fifth terminal building at Heathrow airport. Shame it came complete with organisational chaos. Cancelled BA flights have averaged between 14% and 18% of daily scheduled departures – over 300 in total and rising at the last count. The Press Association reports that up to 28,000 bags have sat piled up at any one time waiting to be reunited with bewildered owners.
Unfortunately for anyone caught in this kind of travel nightmare, nothing will bring back your lost time or compensate for sheer frustration. But it’s well worth being aware of what you are entitled to both while you wait and after the event.
Under the rather obscure sounding EU Regulation 261/2004 you are entitled to up to e600 in compensation for delayed flights. That’s as long as it is deemed to be the fault of the airline, and unless they can invoke the “extraordinary circumstances” clause reserved largely for wildcat strikes, appalling weather, or political unrest.
The exact amount depends on how long the flight is delayed and its length. For the full e600, the flight must be over 3,500km and delayed by over four hours. Below this, the amount falls on a fixed scale; on a trip delayed by two hours, at a distance of 1,500km, you can still claim e125 (about £100). If you are delayed by five hours, or even overnight, you are entitled to accommodation on top. There is no set limit on the cost of this, as the Civil Airport Authority recently reminded BA after its offer of a fixed £100 to Terminal Five passengers.
If the delay is down to cancellation, you have extra entitlements while waiting at the airport. For a journey of up to 1,500km, a delay of two hours or more should get you a free meal, plus two phone calls, emails or faxes. This is also the case after three hours on flights between 1,500km and 3,500km; over that you can be kept waiting four hours before qualifying. For all cancellations and delays of five hours or more, you are entitled to a full refund or a rerouting of the original flight. This applies to all flights from an EU airport or on an EU airline – even, as The Guardian’s Susan Smillie reports, the budget “no-frills” carriers.
That’s the good news. On lost baggage the picture is murkier. Under non-binding guidance known as the “Montreal Convention”, BA will only pay for “emergency expenses” – fresh undies qualify – if luggage is delayed for 21 days or less. Over 21 days, the bag is deemed “lost” and you can pursue a claim with the airline (Which.co.uk have some useful templates).
For a full explanation of your rights and the complaints process, go to the Air Transport Users' Council. That aside, the best bet is decent travel insurance – or avoid flying altogether and holiday in the UK instead (see: An exotic holiday on our doorstep).
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