YOU’VE done all the right things ... booked your flights well in advanced, secured your accommodation, arranged your visas and made sure you were at the airport with plenty of time to check in.
Then the unthinkable happens. A system-wide meltdown grounds all flights and tempers begin to flare as queues snake out the door and your holiday dreams are evaporating before your very eyes.
It’s a scenario that’s played out twice on opposite sides of the planet in less than a week.
An apparent major IT system failure at British Airways caused chaos at London’s Gatwick and Heathrow airports on Saturday (May 27).
In the same week, an outage of passenger processing systems halted the travel plans of international passengers in Australia and New Zealand because their passports couldn’t be checked.
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While for some passengers, a delay of a few hours may not completely ruin their travel plans, others aren’t so lucky. Missing connections could mean missing the holiday altogether, or at least missing the special occasion that was the reason for going in the first place.
So what are your rights when a flight is delayed and what kind of questions should you be asking the airline? Here’s what you need to know.
What are you entitled to when your flight is delayed?
In the case of the British Airways IT system outage, the airline released a statement that it would refund customers where rebooking wasn’t a possibility.
“We are refunding or rebooking customers who suffered cancellations on to new services as quickly as possible,” it said.
Natalie Ball, director of Comparetravelinsurance.com.au says it comes down to the nature of the delay and whether it was within the control of the airline.
“In terms of flight delays caused by technical outages, it is the airline’s responsibility to compensate travellers. If the delay is within the airline’s control (due to mechanical or crewing issues) the airline will either book you on another scheduled service as soon as space is available or give you a refund,” Ball says.
It may also depend on where the airline is based:
“Unlike the European model (where passengers are entitled to compensation in the event of a flight delay) Australian airlines are not necessarily obligated to account for the care of delayed passengers. However, Virgin and Qantas will provide reasonable meal and accommodation costs until travellers reach their final destination,” she says.
If it’s outside the airline’s control, then it’s a different matter, says Tom Godfrey, spokesperson for Choice.
“When there’s an event outside the airline’s control such as a natural disaster, you should seek compensation through your travel insurance. But, always make yourself aware of any exclusions under your policy,” says Godfrey.
Can you book with another airline to complete your journey and then claim it back?
This is tricky. Michael Daniel, director at Resolve Litigation Lawyers says that the airline’s contract of carriage doesn’t include getting you there on time.
“Importantly, contracts of carriage do not guarantee you what time you would be transported to your destination — they merely guarantee that you would be transported from point A to point B,” says Daniel.
However, this doesn’t mean that there isn’t a limit as the Australian Consumer Law applies to flights and passengers.
“Under section 62 of the ACL, a supplier must supply the service to the consumer ‘within a reasonable time’ even if the time that the service is to be supplied is not fixed by contract,” says Daniel.
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In the end, though, how you are compensated may come down to how hard you fight for it, says Godfrey.
“Each airline has its own policy on delayed and cancelled flights. Usually they’ll only offer to rebook you on their own airline or subsidiary but we’ve found that passengers delayed on the same the flight might be offered very different levels of compensation,” he says.
“You need to fight for a fair refund — if they offer to give you a refund or pay for your flights on another airline make sure you get it in writing so you have some evidence of the offer, as you’ll likely have to pay for costs upfront and claim back from the airline.”
In the case of British Airways, the airline has stated it wouldn’t be reimbursing any passengers who book with a different airline to complete their journey — it’s either rebook on the earliest available flight, or a refund.
“We are not aware of any airline that entitles its passengers to book an alternative flight with a different airline and receive compensation as a result of any delay. At best, the passenger may be entitled to a refund on the original ticket,” says Daniel.
What if you have connecting flights with another airline?
“Should you have a connecting flight to catch, it would be your airline’s responsibility to find you the fastest alternative flight to meet your connection,” says Ball.
And this is where your travel insurance and booking method might come into play, according to Godfrey.
“Ultimately, airlines should take responsibility when they make a mistake but if you’re travelling on a multi-stop trip, it’s safer to book your flights in one ticket. If all your flights are on the same ticket and one flight is delayed, cancelled or overbooked, your airline can more easily rebook your onward flights at no cost with less hassle.”
Also, remember to follow the airline’s social media accounts, such as Facebook and Twitter, as they are most likely places to have the latest updates on the delay.
What do you need to have ready to claim for missed flights?
• Proof proof proof: If you experience delays or cancellation of any sort you will always need written proof of the cancellation or delay from the airline.
• Contact your insurer: Before you go ahead and pay for any extra accommodation or flights check in with your insurer that they will cover any added costs.
• Alert the relevant authority: If you’re involved in a road traffic accident that stops you from making your flight, make sure you get evidence from the transport authority in that destination.
• Health check: If you cannot travel for health reasons, make sure you get a ‘note’ from your doctor.
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