Passengers who saw their flights cancelled or delayed during the UK heatwave will not be entitled to compensation, as the hot weather has been deemed an ‘extraordinary circumstance’.
The record-breaking 40 degree heat added to the disruption already being faced by travellers.
Luton Airport was forced to ground its flights, following a surface defect as a result of the soaring 40C temperatures.
Disgruntled passengers were stuck for hours in the sweltering hot airport, while some airlines diverted their flights to other UK airports in a bid to avoid cancellations.
Thousands of flights have been cancelled since April due to staff shortages, industrial strikes, and now the record breaking heatwave, leaving hundreds of thousands stranded in airports
The Civil Aviation Authority has since declared the record-breaking heatwave as ‘extraordinary circumstances’.
This means passengers who were delayed or had their flights cancelled due to the heat will not be entitled to the usual compensation, worth up to £500 per person.
Airlines can cancel flights for a number of reasons, such as staff sickness, system failures, bad weather conditions or a lack of passengers.
Sometimes these cancellations are unavoidable and completely out of the hands of the airline, in which case they are not forced to pay up.
‘Insurers and airlines use the term extraordinary to refer to situations which are beyond their control and could not have been foreseen or avoided,’ says Defaqto’s Travel insurance expert, Anna-Marie Duthie.
Typically, these cancellations are last minute, and because of their unavoidable nature, passengers are unable to claim compensation for their delays.
Duthie said: ‘Examples of extraordinary circumstances would be the more well-known bad weather, natural disasters, or air traffic control rulings.
‘It can include political and civil unrest, security threats, medical emergencies, such as a passenger on board causing a reroute or delay in arrival, and strikes of airport staff or suppliers.’
One of the most controversial ‘extraordinary circumstances’ is a collision between an aircraft and a bird, which is known as a bird strike.
From an airline’s perspective, there was nothing they could do to avoid the cancellation, and thus they only have a responsibility to refund you if you cannot travel, or place you on the next available flight, regardless of the airline provider.
Duthie said: ‘It all comes down to the circumstances which led to the cancellation.
‘If you were given prior notice for the cancellation, or it was due to an “extraordinary” circumstance then you are not entitled to compensation.
‘This is because you have either had plenty of warning or the cancellation was out of the airlines control and so not the airlines’ “fault” and therefore it is not liable.’
Luton airport was forced to delay a number of flights on July 19 after the heatwave damaged the tarmac on their runway, forcing dozens of planes to be diverted to alternative UK airports
When flights are delayed or cancelled, travellers are often left stranded abroad and paying through the nose for extra accommodation or airport transfers.
Ceri McMillan, a travel expert at GoCompare said that no matter what the reason for the disruption, passengers are entitled to assistance to get them to their destination.
She said: ‘In the case of extraordinary circumstances, passengers are not entitled to compensation if the situation is deemed as being beyond the control of the airline.
| If it has not been declared an ‘extraordinary circumstance’, you could be entitled to: | |
|---|---|
| Distance | Compensation |
| Less than 1,500km | Up to £220 |
| 1,500km to 3,500km | Up to £350 |
| More than 3,500km | Up to £520 |
| Read our guide for more information: What are your rights if your flight is cancelled? |
|
‘But even if the circumstances are deemed extraordinary, passengers are entitled to assistance for a flight delay or cancellation, provided that they are flying with an EU-based airline, or flying to or from an EU or UK airport.
‘The airline has to help you if your flight is cancelled or delayed beyond a certain time. But it’s worth noting that if you’re travelling with a non-EU based airline from a non-EU destination, the airline doesn’t have the same duty to look after you.
‘In this scenario, you will need to check the airline’s conditions of carriage instead to see what compensation you’re entitled to.’
She added: ‘If your airline disputes your right to compensation then you can contact the Civil Aviation Authority, who may be able to help if you haven’t reached a resolution with your airline.’
What can passengers do if a flight is cancelled?
McMillan said: ‘If your flight has been cancelled due to extraordinary circumstances, the best thing to do is check with your travel agent, tour operator or airline. They will be your first port of call for refunds or alternative flights and accommodation.’
But with reports of airlines making it difficult for passengers get refunds, alternative flights or additional expense claims, there are other places passengers can go to try and get their money back.
Sometimes, insurers can help passengers if they are struggling to get their money back from their airlines, but it all depends on the type of insurance policy.
Passengers at Luton Airport were faced with hours of delays and flight cancellations, but its unlikely they will be able to claim compensation as the 40C heat is declared ‘extraordinary’
McMillan said there are some cases when they can help, but only if the passenger has exhausted their other options.
She said: ‘You may be able to claim on your travel insurance, but the insurance provider will have expected you to have contacted the airline or travel provider in the first instance.’
Meanwhile, Duthie added: ‘It’s important to read your insurers terms and conditions as they will make it clear what they will cover in these sorts of situations.
‘Most insurers will not pay if you are entitled to compensation from your transport provider or tour operator and you shouldn’t forget you could have cover if you paid by credit card.
‘Whether you have cover with your travel insurer will depend on whether they provide cover for travel disruption, missed departure, missed connection or delay.
‘Many will cover costs for additional travel or accommodation expenses should your flight be cancelled as long as you were not aware in advance and a “reasonable” alternative has not been offered.’
What circumstances are ‘extraordinary’?
Coby Benson, a flight delay solicitor at Bott and Co suggests that the rules around ‘extraordinary’ circumstances are vague.
The European Court of Justice previously defined extraordinary circumstances as: ’caused by something outside of the airline’s control, [when] the airline took all reasonable steps to avoid the disruption.’
However, a more recent definition describes extraordinary circumstances as: ‘events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond that carrier’s actual control.’
Essentially, the circumstances around your flight cancellation need to be both ‘not inherent’, and ‘beyond the airline’s control’ for it to count as extraordinary.
Benson said: ‘This distinction is crucial because there are sometimes situations that are beyond the airline’s control, however they are not extraordinary because they are also ‘inherent’.
‘Bad weather is a perfect example of this. Undoubtedly heavy snowfall is beyond the airline’s control, however, if it occurred in England in January then it is ‘inherent in the normal exercise of the activity of the air carrier concerned’ since snow in the winter is not at all unusual.
‘It is therefore a common misconception that bad weather is automatically an extraordinary circumstance.’
