With an estimated 260,000 passengers stranded by the all-day closure of Heathrow International Airport (LHR) on Friday, the cost to airlines could run to the tune of millions of pounds as they put in place contingency plans to look after disrupted passengers.
But while the rules are clear regarding what assistance airlines are expected to provide delayed passengers, an incident on this scale could put the most well-versed of plans to the test and leave many customers in a situation where they have to look after themselves.
When the United Kingdom left the European Union, the country decided to adopt a similar set of passenger assistance regulations that it had in place under Europe’s famous EC261 law.
There are, however, a few differences, which we’ll explain here.
Will delayed passengers be entitled to compensation?
When a flight is significantly delayed or canceled with less than 14 days’ notice, passengers can, in many cases, claim compensation of up to £520. In this situation, however, the UK’s Civil Aviation Authority (CAA) is likely to deem the fire that knocked out an electricity substation that supplies Heathrow as an ‘extraordinary circumstance,” which means the delay or cancellation can’t be blamed on the airline and compensation cannot be claimed.
Just like in Europe, the United Kingdom never defined what an ‘extraordinary circumstance’ is, although the courts in both Europe and UK have been tasked with creating case law in this area.
Over the years, extreme weather, strikes, terrorism, security threats, and political unrest have all been found to be ‘extraordinary circumstances’ that mean airlines don’t have to pay compensation.
Despite the fact that passengers will likely be given short shrift if they submit a claim for compensation, they do still have other rights under the UK’s passengers rights bill.
Which airlines are required to provide disrupted passengers with care and assistance?
Although most airlines will do their best to look after passengers left stranded by the closure of Heathrow, it’s important to note that the UK-specific regulations that guarantee certain rights don’t actually apply to all airlines.
The rules apply to the following airlines:
- Any airline departing the UK, regardless of where the airline is based
- Any UK or European airline arriving in the UK
- Any UK airline arriving in the European Union
As you can see, there are many airlines that don’t need to provide guaranteed assistance to passengers if they are based out of the UK or Europe.
At what point are airlines required to provide care and assistance?
Airlines must provide care and assistance once the delay or cancellation becomes significant. This depends on the length of the delayed flight:
- For short-haul flights under 1,500 km, the regulations kick in at two hours
- For medium-haul flights between 1,500km and 3,500km, the regulations kick in at three hours
- For long-haul flights over 3,500 km, the regulations kick in at more than four hours
If, however, your flight has been canceled rather than simply delayed, the regulations for care and assistance kick in straight away.
What assistance must airlines covered by these regulations provide?
Airlines are expected to provide stranded passengers with food, drink, and somewhere to sleep should the delay stretch overnight. Specifically, the regulations stipulate that airlines must provide:
- A reasonable amount of food and drink
- A means to communicate
- Accommodation for overnight delays
- Transport to or from the place of accommodation
For food and drink, airlines will often provide refreshment vouchers and agree to refund the cost of calls, especially costs incurred as a result of using your phone overseas.
How does this work in practice? Passengers have been told not to go to the airport, so they can’t get refreshment or hotel vouchers from the airlines
Airlines usually bulk reserve hotel rooms based on how many disrupted passengers they expect to deal with on any given day. In an unprecedented situation of this magnitude, airlines will quickly run out of pre-reserved rooms and will want to keep accommodation for their most vulnerable passengers.
As a result, many passengers will find themselves in a situation where they have to bear the immediate costs of buying food and drink, as well as any nights they need to spend in a hotel.
The key point is that airlines are expected to refund any ‘reasonable costs.’ Keep receipts of any food and drink you have to buy, and while the idea of what ‘reasonable’ might mean to different people, keep costs to the lower end to avoid problems in reclaiming your costs.
For hotel accommodation, don’t necessarily look at hotels close to the airport. You might have to significantly widen your search to find hotels at a reasonable cost and which are within your budget. Remember, you can reclaim the costs of transport to and from the hotel.
What next? When will the airlines get me to my destination?
Under British law, passengers can either abandon their travel plans and request a refund on their ticket or wait to be rerouted. The CAA warns, however, that during an unprecedented incident such as this, it could take some time for airlines to make these arrangements.
If the airline you booked your ticket with is not able to get you on one of its planes to your destination, then they are expected to book you on an alternative airline if their flight will get you to where you need to be “significantly sooner.”
There is also the option to use alternative modes of transport, such as a train or coach.
What about airlines that aren’t covered by these regulations?
Many international carriers that aren’t covered by these regulations, such as Emirates flying from Dubai to London or Singapore Airlines flights departing Changi International, have promised to do their best to look after passengers left stranded by the power outage.
However, it’s important to note that these airlines do not legally have to provide the care and assistance listed above and any costs borne by passengers might not be repaid.
