Your rights after cancelled or delayed flights
Check in with Martyn James for advice on how to take the stress out of those airport glitches
In the last few weeks, I’ve noticed a spike in enquiries from readers about flight delays and cancellations.
However, some airlines choose to ignore the rules or make you work harder than is necessary to get compensation.
So what are your rights if your flight is late or cancelled? Here’s my guide.


The delayed flight compensation rules
The law says you are entitled to compensation for delayed or cancelled flights if all three of these conditions apply:
Your flight must have been delayed by more than three hours past your original arrival time. The clock stops ticking when the door opens at your destination.
- The flight must take off from the UK or European Union or be from an airline based in these countries. Connected flights (booking two or more legs of a journey at the same time) are also covered if you booked them as one trip, even if you switch to a non-EU airline half way through your journey.
- The issue must be ‘within the control of the airline’. So weather or air-traffic control disputes are out, aeroplane problems and airline staffing issues are in.
- How much you get depends on the length of the flight and how long the delay was. There are lots of guides online that have compensation calculators.
Whose fault is it?
The law says that airlines must pay out compensation if they are at fault. This is subjective, but as a general rule, this means situations like; faults with the plane, strike action by airline staff, overbooking, schedule changes and problems that they should have anticipated.
However, there are lots of situations that are not the fault of the airline, like; strikes by non-airline staff, severe weather, and ‘catastrophes’.
Cancelled flights and your rights
If your flight is cancelled, your airline still has an obligation to get you to your destination, as long as it’s safe to do so. This can involve putting you on one of their own flights or failing that, on that of a competitor.
As soon as your flight is cancelled, check online to see what flights are available, both with your airline and rival carriers. Your airline should rebook you on the soonest flight available, but if they don’t, send them suggestions for alternatives.
Compensation also applies for cancellations that are ‘within the airline’s control’. Again, there are online tables showing how much you might receive. However, the airline must still rebook you on an alternative flight.
You are also entitled to some support if you are stuck waiting for a flight, including:
- Food and drink. Vouchers should become available 2 to 3 hours in to the delay and will cover a sandwich, snack and drink. If no one hands out any vouchers, keep your receipts for any purchases you make.
- A phone call. This is the cost of contacting people in relation to the delay or cancellation.
- Overnight accommodation. If the airline isn’t around to organise this, aim for budget options not five star.
- Transport to and from the airport or accommodation. This is only for people stranded abroad and doesn’t cover taxis or transport home if you are in the UK.
Don’t forget that the most essential item to travel with (outside of your passport) is a powerful battery charger and cables for your phone and other electronic devices. I’d pack a few, just in case.
What about passport control problems?
You may have heard that delays at passport control in the EU have led to massive delays entering some countries – and missed flights as people try to leave.
Some airlines advise getting to the airport three hours early – but that won’t help you clear the final passport check airside if there are queues. So get through, check the passport control gates and go through if there’s any doubt. Sadly, missed flights for this reason aren’t covered by the law.
Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist. Read more from him at this link.
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