Thursday 15 April 2010

Volcanic ash alert: Air passenger rights

By Kevin Peachey
Personal finance reporter, BBC News

Departure board
Flights have been cancelled in a number of UK airports

An ash cloud from a volcanic eruption in Iceland has grounded planes across the UK - and the disruption is likely to get worse.

The huge ash cloud is drifting south, leaving airports closed and a number of passengers stranded in the UK and overseas.

Experts say the ash affects visibility and debris can get sucked into airplane engines, which could affect the safety of air travel.

Since 1200BST, no flights have been allowed into UK airspace.

One couple at Glasgow Airport were told that they would only be able to travel to the US on Monday, five days after they planned to travel.

So if passengers are affected, what are their rights?

What are my basic rights?

You have a contract with the airline to get you from A to B. So that means the airline must try to re-route your journey - even if that means a bus or taxi transfer to another airport for a flight with a different operator.

This is unlikely given the situation, so many people will be told to stay at home and contact their airline before they travel.

As a result, passengers can generally choose to have a refund or to change to another flight within 30 days, according to the Trading Standards Institute. Airlines are usually quite swift to give refunds and should not charge an administration fee.

Airlines have a strategy in place for bad weather and a similar strategy will be in place for this ash cloud disruption.

What happens if I am stranded and trying to get home?

If a flight is delayed, there are strict European rules in place, which mean that the airline is obliged to supply meals and refreshments, along with accommodation if an overnight stay is required and you have a confirmed return booking.

However, if you are on the outward leg of a journey, this will not be given.

Rochelle Turner, head of research at Which?, said that this means many people would have to turn around and go home - even if they had long journeys to the airport. Some insurance policies may have an allowance for costs caused by delays.

People buying single tickets - such as with budget airlines - might also find that they will not get meals and a overnight stay paid for even if they are overseas and trying to head home. This is because they have not started their journey in the eyes of the airline.

For those with confirmed returned bookings, their rights depend on the length of the flight and the delay.

For example, for flights of 1,500km or less where there is a delay of more than two hours, a passenger should be given meals and refreshments, along with two free telephone calls, e-mails, telexes or faxes.

If the delay is for five hours or more, passengers are also entitled to a refund of their ticket with a free flight back to their initial point of departure if this is relevant.

People flying into the European Union from overseas are also covered by the rules, as long as they are travelling on a European airline.

However, owing to the fact that any cancellations would be beyond airlines' control, there is no automatic right to other compensation. Extra compensation is available if a flight is cancelled or delayed and it was the airline's fault.

How long is this expected to last?

That depends on the ash situation and the disruption is changing minute-by-minute.

The situation is further confused as the volcano is still erupting.

Some travel insurance policies will pay out if a journey or holiday is cancelled owing to the flight problems. However, this depends on the small print so it is worth looking at your policy.

Ms Turner, of Which?, said that very few insurance policies have this cover and as a result many holidaymakers who booked flights and accommodation separately could lose the money spent on hotels. People who get a refund and who then book more expensive alternative transport are also likely to lose out financially.

Package holidays have their own protection. Operators must refund customers for the whole holiday if trips are cancelled, meaning they could not get to their destination.

In reality, operators tend to give three options to people on package deals. They are: deferring the leaving date of the holiday, transferring to another holiday of the same or similar value, or a refund of the amount paid for the whole holiday.

There is also a potential claim to your credit card provider if you booked using your card.

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