Martin Lewis has revealed passengers could be entitled to up to £540 if their flight has been delayed or cancelled. Many fliers have had their travel disrupted this week as British Airways pilots go on strike, forcing BA to cancel nearly all of their flights – but are these passengers owed compensation? The MoneySavingExpert pointed out that claiming is much easier if you’re on an EU regulated flight. This is thanks to EU regulation 261/2004 – which you should reference when making a claim.
What are the criteria?
There are three criteria that need to be met under this regulation – and you can claim back for any delayed flight going back to 2013.
Firstly, it must be an EU flight. This counts as “any flight leaving an EU airport (which of course at the moment includes the UK) or any flight flying into an EU airport, as then that it’s an EU airline,” Lewis told This Morning.
The flight must have arrived over three hours later. “It doesn’t matter how late you leave, it’s all about how late you arrived,” explained Lewis.
“So if you’re on a flight that takes off four hours late but arrives two hours 55 minutes late – you’re not over the three hours needed to get compensation.” The time is measured by when the plane doors open on arrival.
The third criterion is that the delay or cancellation must have been the airline’s fault.
For instance, air traffic control problems, bad weather and political issues are not the carrier’s fault. However, staffing problems and poor planning do count.
Lewis shared a top tip with ITV audiences and advises travellers to write down the reason for the delay or cancellation given by the pilot or person giving the announcement.
This helps should you need to later challenge the airline if they provide a different explanation when you try to claim compensation.
How much compensation can you get?
“The amount you get is fixed solely on the flight length and delay time,” said Lewis. “So a 1,000km flight delayed by three hours is €250 (£230ish) per person, while a 4,000km flight delayed for five hours is €600 (£540ish) per person.
If your flight is cancelled, you’re entitled to the choice of a refund or a replacement flight – and that applies whether it’s the airline’s fault or not.
Be aware that airlines sometimes offer vouchers, but you don’t have to accept these – you can formally say you want cash instead.
Are BA passengers hit by strikes this week owed money?
British Airways customers affected by the BA strikes will not be entitled to cash compensation, however.
This is because the flag carrier gave customers two weeks’ notice of the cancellations.
BA said: “We wanted to give our customers as much notice as possible so cancellations were made as soon as we received dates from BALPA. As this was 14 days before the strike action starts EU261 compensation is not payable.”
However, Lewis explains that if the cancellation was the airline’s fault and it grounded your flight within two weeks of departure, then you are entitled to compensation on top if the arrival time of that flight is late.
Bizarrely this applies even if you chose a refund – so, if the offered replacement flight arrives late, you’re due the compensation.
How do you go about making a claim?
The first step is to write to the airline stating the details of your delay and asking for the compensation.
Lewis explains that there are free template letters and tools available to help you.
If you are rejected – which isn’t rare – then you can go to the relevant regulators for that airline, or one of several new Alternative Dispute Resolution (ADR) schemes many airlines have signed up with.
At this stage, if your appeal is unsuccessful, you can take the matter to court. However, Lewis advises weighing up whether it’s really worth it.
He recommends not paying a claims handler but points out that a company like flight delay compensation law firm Bott & Co who have been at the forefront of flight delay compensation could help out, although it will take a chunk of what you’re due if you win as a fee.
David Bott, Senior Partner at, Bott and Co said of the BA pilots walkout: “These strikes are creating chaos for millions of passengers and will be extremely costly for British Airways.
“The pay disputes are well within the airline’s control and the management of disgruntled staff is simply part and parcel of running any business and would not be considered an extraordinary circumstance. In light of this, affected passengers may be entitled to claim compensation of up to €600 each under EU Regulation 261/2004, where their flights are cancelled with less than 14 days’ notice or delayed for over three hours.
“It’s also worth noting that the regulation does not specify that re-routing has to be with the same air carrier. Therefore, British Airways has a duty to re-route their passengers affected by a cancelled flight at the earliest available opportunity on ANY airline, not just a British Airways plane.
“People who have been delayed for more than two hours should also be provided with food and drink vouchers as well as means to communicate, including being entitled to a telephone call and an email. Accommodation must be provided if passengers are delayed overnight and transport to and from the accommodation and the airport must also be provided.”