Airlines using illegitimate excuses to avoid paying compensation to thousands of UK passengers

• Airlines are providing passengers with illegitimate excuses to avoid paying compensation to passengers who have experienced a flight delay or cancellation
• Almost half (47%) of valid compensation claims are rejected following a flight disruption
• Airlines owe up to 600EUR to nearly 448,000 passengers following UK flight disruptions to date in 2019

 LONDON, 18 July 2019: Airlines are using baseless excuses for flight delays and cancellations to avoid compensating their passengers money that is rightfully theirs.

According to the European law EC 261, if a flight is delayed by more than three hours, cancelled, or in an instance of denied boarding – passengers are entitled to financial compensation of up to €600 (approx. £530) if the cause of the disruption was in the airline’s control. The airline is only exempt when the disruption was caused by an “extraordinary circumstance” – one that is truly out of the airlines control.

Despite the law, AirHelp, the world’s leading organisation specialising in air passenger rights, has found almost half (47%)* of the valid claims submitted to airlines are initially rejected, with airlines providing baseless excuses and wrongly citing “Force Majeure” (extraordinary circumstances) – including operational issues which are often within the airlines control – in an attempt to shirk their responsibilities for the delay or cancellation.

Not only are airlines seeking loopholes to avoid compensation, but in doing so they are also confusing passengers about their right to claim. Citizens Advice has revealed that flight chaos and problematic flights are the number one issue driving people to the consumer page of its website. 

Airlines pulling the wool over passengers’ eyes

From its previous cases, AirHelp has uncovered the most common terms airlines are hiding behind to avoid paying compensation.

1. Airline staff strike
   An explanation which many passengers receive from airlines is that they’re not owed compensation because the disruption was caused by a staff strike which, according to the airline, wasn’t within its control. In 2018 the European Court of Justice ruled that strikes by flight staff do not constitute an ‘extraordinary circumstance’. Airlines are accountable for the actions of their employees and also have a Right of Care to passengers who are stranded due to a delay or cancellation, which includes food, drink, communication, and accommodation. 
2. Crew or pilot shortages
   The entire commercial airline industry is facing a shortage of pilots for both cargo and passenger planes. However, it is the airlines’ responsibility to ensure measures are in place to avoid crew or pilot shortages. A crew sickness, for example, is not an extraordinary circumstance that would free the airline from its obligation to compensate.
   A flight departing from Brussels was canceled after a two-hour delay, causing some passengers to arrive home a day later than planned – the real reason was that the flight crew didn’t get enough rest. While AirHelp fully supports the crew’s rights and passenger safety is utmost priority, the airline is responsible for its staff and it is culpable for any disruptions caused by overworked or drunk staff. A crew issue was also cited when a flight from New York to Amsterdam Schiphol was canceled outright after the co-pilot was found to exceed the legal blood-alcohol amount.
   3. Technical or operational issues
   Airlines must adhere to strict safety procedures which means ‘technical issues’ should be identified and prevented during routine checks and maintenance. Although it is rare to find a technical related issue that is still classed as an extraordinary circumstance, airlines are commonly using this reason to wrongly convince passengers that the delay or cancellation was out of their control. 

Passengers must not settle for the excuse

Paloma Salmeron, air passenger rights expert at AirHelp, said: “We urge passengers to question the reason given by an airline if their flight is disrupted and to check if they’re entitled to compensation. Airlines can no longer pick and choose which parts of the law to adhere to. 

“We are particularly pleased to see the Civil Aviation Authority (CAA) has taken enforcement action against an airline for refusing to compensate passengers following strike disruption. UK travellers are tired of having the wool pulled over their eyes by airlines who have long ignored the laws put in place to protect passenger rights.”

ENDS

Notes to editors

According to the European law EC 261, if a flight is delayed by more than three hours, cancelled, or if passengers are denied boarding – passengers may be entitled to financial compensation of up to €600 (approx. £530) per person. All passengers departing from a European airport are covered under EC 261, and passengers flying into Europe from other worldwide destinations may be covered when flying on a European carrier. Passengers have up to three years to claim financial compensation following a disrupted flight. Once again, flight disruptions caused by circumstances outside of the control of the airlines are not eligible but this does not include things such as internal strikes or maintenance issues.

Checklist: What to do in the case of a flight  disruption 

1. Contact your airline to arrange your alternative flight to your destination (or a refund).
2. Hold onto your boarding pass and any other travel documents.
3. Ask why the flight was disrupted
4. Ask the airline to pay for your meals, drinks, and accommodation when necessary – you have the Right to Care, meaning that the airline is responsible for making sure you receive the above.
5. Keep your receipts if your disrupted flight ends up costing you extra money.
6. Make a note of the arrival time at your destination.
7. Check if you’re owed compensation on AirHelp.com

Methodology

*AirHelp analysed hundreds of thousands of its own claims submitted to the 46 biggest airlines globally from 1 January 2016 to 31 December 2018. 

** AirHelp undertook comprehensive analysis of flight disruptions in the UK between 1 January 2019 and 30 June 2019 to calculate how many passengers are eligible for compensation. It’s database is compiled with data from multiple commercial vendors, making it one of the most reliable and accurate collections of flight data. 

About AirHelp

AirHelp is the world’s largest organisation specialising in air passenger rights, helping travellers get compensation for delayed or canceled flights and in instances of denied boarding. The company also takes legal and political action to support the growth and enforcement of air passenger rights worldwide. AirHelp has aided more than 13 million people, is available in 35 countries and has more than 700 employees.