As an experienced travel consultant, I frequently receive requests for advice regarding compensation for flight delays and cancellations. However, this past weekend saw a marked increase in such enquiries due to the global IT outages that led to numerous flight delays and cancellations. Many of you are now seeking compensation, so I have compiled this article to clarify the situation, particularly for those who did not book their holidays through us.
Understanding EU Regulation 261/2004
EU Regulation 261/2004 stands as a fundamental pillar of European air passenger rights, established to safeguard travellers when their journeys are unexpectedly disrupted. This regulation offers a detailed framework to ensure passengers are treated fairly and receive appropriate compensation in the event of flight cancellations, delays, or denied boarding incidents.
Importantly, even after Brexit, this regulation remains in force. The UK Government incorporated EU Regulation 261 into UK law at the conclusion of the Brexit transition period in December 2020, ensuring that UK passengers continue to enjoy the same rights as before.
The Protections and Benefits Under EU/UK Regulation 261/2004:
1. Flight Delays:
- Short Delays: for delays lasting 2 hours or more, depending on the flight distance, passengers are entitled to complimentary refreshments, meals, and access to communication facilities.
- Long Delays: if your delay extends to 5 hours or more, you have the right to a full refund and, if applicable, a return flight to your initial departure point.
- Overnight Delays: should delays necessitate an overnight stay, the airline is obligated to provide accommodation, as well as transportation to and from the airport.
2. Flight Cancellations:
- In the event of a flight cancellation, passengers are entitled to either a full refund or alternative transportation to their final destination.
- Compensation of up to £520 per person is available, depending on the flight distance and the timing of the cancellation notice, unless the airline can demonstrate that the disruption was due to extraordinary circumstances beyond their control.
3. Denied Boarding:
- If you are denied boarding due to overbooking, you are entitled to compensation, alternative transport, and care similar to the provisions for delays.
CrowdStrike Compensation?
CrowdStrike is a cybersecurity technology firm that specialises in advanced endpoint protection. The mention of CrowdStrike in the context of flight disruptions implies that these disruptions might be related to cybersecurity incidents or updates, which could be classified as extraordinary circumstances. According to EU Regulation 261/2004, airlines are not required to provide compensation for delays or cancellations caused by extraordinary circumstances that could not have been avoided, even if all reasonable measures had been taken.