Tech Glitch, Travel Chaos: do airlines have to pay up?

As the summer season descends from its peak cruising altitude, and the suntan starts to fade, dissatisfied flyers who have been subject to disruption and delays may be wondering where they stand on compensation. 

It started the day the computer said ‘no’, as a software update to Microsoft operating systems by cybersecurity firm CrowdStrike turned into the biggest IT outage the world had seen.  Airports and airlines were grounded on every continent, but the nightmare was only just beginning.

By the night of the first day, which had been set to be the busiest in five years for flights from the UK, with 338 flights scheduled according to aviation data firm Cirium, travellers found themselves staring at blank departure boards.  And holiday dreams of hot days and ice creams were soon melting away, to be replaced by sleeping on the floor or being sent home. 

In the days immediately following the massive meltdown, passengers faced ongoing and widespread travel disruption. With backlogs of flights expected to last into the following week, holidaymakers were warned to brace themselves for long delays.

But while the airlines have a duty of care to provide food, drink, and accommodation for stranded passengers, and to reschedule or refund passengers for flights cancelled, they are not legally obliged to pay delay compensation for the chaotic cancellation of flights caused by the outage, as it was classed as an ‘extraordinary circumstance’.

However, the airlines were still required, under UK and EU law, to get customers to their original destination as quickly as possible, even if it meant using rival carriers.  And this was a major task with the airlines facing backlogs of tens of thousands of passengers needing to be booked onto new flights.

Tui, Europe’s biggest travel firm, was still cancelling flights and holiday packages three days after the IT outage, with experts saying that disruption across the industry would likely continue for weeks. 

Thousands of passengers found their Tui package holiday scrapped as the company tried to get itself back on track, with full refunds and vouchers against future trips in compensation to holiday package customers, and a promise of a 14-day refund for flight-only bookings. 

But while that compensation process looks to be a simple one, with Tui taking the lead, travellers with other airlines may find the process more complex.

Explained Annette Wood, Head of Dispute Resolution and Partner at Chattertons, “Tui’s damage limitation strategy looked to make the process pretty painless, although I’m sure those affected would say that nothing can make up for their lost holiday time and the frustration that comes with it.  But for customers of the main airlines, it usually comes down to passengers having to research what is potentially due to them and taking action for themselves. And, inevitably, many passengers are unaware of their rights.”

Current regulations allow passengers the chance to reclaim as much as £520 for long haul flights that lag more than four hours behind schedule, or up to £220 for three-hour delays on short-haul flights. But it's contingent on travellers initiating the charge-back process themselves, although that DIY approach is under challenge.

That’s because British Airways and easyJet are presently locked in a legal battle over payouts for delayed or cancelled flights.  The case has been brought on behalf of passengers and if successful it could force airlines to automatically reimburse travellers for disrupted journeys, potentially costing the industry millions.

Both airlines are fighting to have the case dismissed, arguing it is “misconceived”. But if successful, the claim could revolutionise passenger rights and force airlines to overhaul their compensation processes.

“The ongoing case may mean that in future passengers receive an automatic payout following delays, but for the time being it’s down to passengers to check the delay times and make their claim,” added Annette. 

Meantime, anyone who has had their flight grounded due to a lack of crew may be eligible for a compensation claim, following a Supreme Court ruling.  This decided that airlines are required to compensate passengers for flight cancellations caused by sick pilots.

The case was brought by the Liptons, a couple whose flight was cancelled due to a pilot's illness, and it has overturned previous decisions. The highest court in the UK ruled that pilot sickness is not an ‘extraordinary circumstance’ exempting airlines from paying compensation

While airlines have argued that pilot sickness is unpredictable, the court disagreed, saying it is an inherent risk of the industry. This decision is part of the mix that could lead to a surge in compensation claims, while potentially forcing airlines to review staffing levels.

Although the Liptons brought their case under pre-Brexit EU law, the same protections are provided, with small amendments, in the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU exit) Regulations 2019.

So as the peak season draws to a close, consumers who have been left on the tarmac for too long and wondering where they stand on compensation may want to ‘check in’ once more with their airline.   

You might be able to get compensation if your flight was:

• leaving from the UK on any airline
• leaving from the EU, Iceland, Norway or Switzerland on any airline 
• arriving in the UK with a UK or EU airline
• arriving in the EU with a UK airline

The length of the delay is combined with the overall distance of your flight to determine  what compensation is available, so check this first using an online search or mapping tool.   

Compensation for flight delays:

Under UK law, airlines may have to provide lump sum compensation if your flight arrives at its destination more than three hours late. Whether compensation is payable or not will depend on what caused the delay – if it wasn’t the airline’s fault, don’t expect to receive any compensation.  So, disruptions like the global IT outage, extreme weather, employee strikes or other ‘extraordinary circumstances’ mean delays are not eligible for compensation.

Flight distance - Compensation:

• short-haul flight under (1,500km) - £220
• medium-haul flight (1,500km – 3,500km) - £350
• long-haul flight over (3,500km) - arrival delay under 4 hours - £260  
• long-haul flight over (3,500km) - arrival delay more than 4 hours - £520

While you wait for your flight:

Under UK law, airlines must provide you with care and assistance if your flight is significantly delayed, this includes:

• reasonable amount for food and drink, which may be via vouchers
• refund for cost of any call you had to make as a result 
• accommodation for overnight delays, and transport there and back or to your home

This entitlement continues until the airline can fly you to your destination, no matter how long the delay lasts or what has caused it.  If you decide to take a refund or to travel later than the first available flight, then the airline’s obligation to provide you with food, drink or accommodation stops.  

Flight Distance - Delay time of more than:

• short-haul flight of under 1,500km - 2 hours
• medium-haul flight of 1,500km – 3,500km - 3 hours
• long-haul flight of over 3,500km - 4 hours

Delay of more than five hours:

With a delay of more than five hours you can choose not to travel and will be entitled to a refund, including for any connecting flights, and this should be paid within seven days.

If you are a transfer passenger and miss a connection flight after the earlier flight is delayed, you are also entitled to a flight back to your original departure point.

CONTACT US

If you need any legal advice either now or at some point in the future, please do get in touch. Call one of our local Chattertons offices or fill in our online enquiry form for a quick response.

This is not legal advice; it is intended to provide information of general interest about current legal issues.