New shorts bought, sun glasses packed, requests from friends for duty free presents noted- You are all set for that summer holiday you’ve been looking forward to all year. Full systems ahead for some well-deserved R&R… unless you are flying with Ryanair.
The airline confirmed it would be cancelling an average of 50 flights per day for the next 6 weeks. Thousands of passengers travel plans are now in chaos. Airlines have for decades taken advantage of passengers by taking in money at the point of booking, using that money for cashflow and then cancelling last minute, overbooking, or delaying flights. Passengers are vulnerable because unlike a defective good which can be returned, or poor service in a restaurant which can usually be addressed, the passenger still needs to get to their destination and usually has limited alternatives.
What can passengers do? There is a breach of contract claim but airlines usually exclude any remedy in the small print of the terms and conditions. Thankfully, EU directive 261/2004 EC provides some relief for furious passengers whose flights are cancelled or delayed.
Any passenger whose flight has been cancelled has a right to choose between a full refund within 7 days or an alternative flight. Often airlines attempt to offer coupons or air miles. You do not need to accept “store credit” you are entitled to cold hard cash!
In addition to the above, assuming the airline doesn’t have a defence i.e. cabin crew sickness away from base or weather etc, then if your flight is cancelled within 14 days notice you may be entitled to compensation if you fit one of the below categories. You are entitled to greater compensation depending on the length of the flight and further enhanced compensation if you are given less than 7 days notice. You are also entitled to reimbursement of reasonable costs incurred as a result of the cancellation i.e. hotels, car hire etc. Importantly, the compensation applies per passenger and includes children of all ages. Make sure you don’t miss out on your compensation, write to them or complete their online form and if they refuse to pay we recommend you seek specialist legal advice.
| Distance | Delay between arrival time of original flight and replacement flight | Notice | Compensation |
| Less than 1500KM i.e. Edinburgh to Dublin |
Replacement flight arrives over 4 hours later than original | 7 - 14 days | 250 Euros |
| Less than 1500KM i.e. Edinburgh to Dublin |
Replacement flight takes off 2 hours before original flight and arrives 2 hours after it | 7 - 14 days | 250 Euros |
| Less than 1500KM i.e. Edinburgh to Dublin |
Replacement flight arrives more than 2 hours after original flight | Less than 7 days | 250 Euros |
| Less than 1500KM i.e. Edinburgh to Dublin |
Replacement flight takes off more than 1 hour before original flight and arrives less than 2 hours after it | Less than 7 days | 125 Euros |
| 1500km to 3000km Manchester to Marrakesh |
Replacement flight arrives 4 hours later than original | 7 - 14 days | 400 Euros |
| 1500km to 3000km | Replacement flight takes off more than 2 hours before original flight and arrives 3-4 hours after it | 7 - 14 days | 400 Euros |
| 1500km to 3000km | New flight takes off more than 2 hours before original and arrives less than 3 hours after it | 7 - 14 days | 200 Euros |
| 1500km to 3000km | Replacement flight arrives more than 3 hours after original flight | Less than 7 days | 400 Euros |
| 1500km to 3000km | Replacement flight departs more than 1 hour before and arrives less than 3 hours after | Less than 7 days | 200 Euros |
| Over 3500km i.e. London to New York |
Replacement flight arrives more than 4 hours after original | 7 - 14 days | 600 Euros |
| Over 3500km | Replacement flight departs more than 2 hours before original flight and arrives less than 4 hours after it | 7 - 14 days | 300 Euros |
| Over 3500km | Replacement flight arrives more than 4 hours after original | Less than 7 days | 600 Euros |
| Over 3500km | Replacement flight takes off more than 1 hour before original flight and arrives less than 4 hours after it | Less than 7 days | 300 Euros |
Blog by Alan Calderwood, Edinburgh Lawyer
