First-World problems, eh? But as I get more queries about delayed and cancelled flights than practically any other topic it’s only fair I should find myself with the problem every now and again. EU legislation is very strong across the EU and UK which abides by the same rules, despite Brexit.

Cancellations are straightforward in terms refunds and compensation (see below), but delays are confusing. Airlines recognise that from time to time planes don’t depart on time. Weather, runway issues, baggage handling etc can all lead to minor delays, so customer rights only pack in after a period of time (at least two or three hours). Different rules apply to short and long haul flights and there are different regulatory bodies in each country from whom to claim.

The law

EU261/2004 is the legislation pertaining to delays and cancellations. The regulator in Ireland is the Commission for Aviation Regulation which has a good consumer arm called www.flightrights.ie (beware, there are third-party organisations with similar names but they’ll charge you to get what you can do for free).

Cancelled flights

You’re entitled automatically, at your choice, to re-routing to the next available flight, re-routing at a later date or a refund of the unused portion of the ticket. Refunds must be made within seven days and cannot be by voucher unless the passenger wants one.

Any other rights (i.e. additional compensation) depend on which option you selected, and crucially, when the cancellation was notified to you. If it was more than two weeks in advance, you’re not entitled to anything else.

If it was between seven and 14 days and you chose to be re-routed (or were told you were being), than as long as you arrive within four hours of the original arrival time, there’s nothing more due. However, if you opted for ‘next available’ re-routing and it would leave you more seriously late (more than four hours), you may also be entitled to compensation (see the panel for amounts).

If the cancellation was less than seven days’ notice (as in my case) you are entitled to compensation if the new flight lands more than two hours later than the original. If you turn up at the airport (as I might easily have, given the very short notice), you are entitled to ‘care and attention’ while you wait for the new, re-routed flight. This would mean food, access to calls, transfers and even overnight accommodation. If the airline cannot (or does not) do this, then they must refund you for making your own arrangements (keep receipts).

Compensation applies unless the airline can cite ‘extraordinary circumstances’ as the reason for the cancellation.

Extraordinary circumstances

It may seem that the most extraordinary thing about this clause (frequently used by airlines to avoid paying compensation) is that it doesn’t clarify what ‘extraordinary’ means.

Cases have been taken to the EU courts to establish this. So, for example, the volcanic ash cloud that emerged from Iceland in 2010 was considered ‘extraordinary’. But a wild-cat strike by workers may or may not qualify, depending on how and when the airline knew about it. And the well-worn excuse of ‘technical difficulties’ doesn’t always qualify either, as test cases taken in 2008 and 2014 proved, unless the events causing the difficulty are “not inherent in the normal exercise of activity” of the air carrier. My advice is to always seek compensation and let the airline and regulator worry about it.

Delays

Delays are broadly the same as the under seven-day cancellation rights. However, whether or not you get additional compensation depends on the hours delayed and the length of the journey. This is precise, so check out the panel below for the details.

Insurance

If you travel with insurance (and everyone should) most policies carry a clause for cancelled flights and lost baggage. While you cannot claim from both the airline and insurer, you can claim on your policy if the airline refuses to refund you. I would always let them fight it out between them, because you don’t really care who pays, do you?

Third parties

There’s an entire industry around flight rights. Hundreds of companies promise to get you your refunds and compensation quickly, but take a hefty fee (sometimes up to 50pc) to do so. I say ignore all of them. This involves a bit of paperwork and a bit of tenacity; that’s all. Keep all the cash for yourself, and call in the regulator if needs be.

Now, if you’ll forgive me, I have a few claim forms to complete!

Shortcuts: Airline Compensation

Don’t confuse refunds with compensation. They are two separate things. If your flight is cancelled, one of your options is a refund of the ticket price. You may, in certain circumstances, be entitled to additional compensation, but this is not guaranteed, nor automatic. Some airlines will simply refuse when you contact them for compensation, but if you persist, then you may get it anyway.

Here’s what you get:

Where a cancelled flight is under 1,500km (e.g. Dublin to Paris), the compensation is €250 per passenger. Between 1,500km and 3,500km (e.g. Dublin to Warsaw) you get €400. Anything longer haul (e.g. Shannon to New York) and it rises to €600.

Where passengers are offered re-routing and the new arrival time is no more than four hours later than the original scheduled arrival time, the compensation is reduced by 50pc.

For delays, you are entitled to ‘care and attention’ if it’s more than two hours (on flights up to 1,500km), three hours up to 3,000km and four hours or more for all other flights. If the delay is overnight, you are entitled to accommodation/transport.

After five hours, passengers are entitled to a refund if they want it. Additional compensation may be paid once any delay is more than three hours.

Where the airline can cite ‘extraordinary circumstances’ they can refuse to pay out compensation but they cannot refuse a refund if terms are met.

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