ADR Ombudsman Holidays and transport Laws

What to do when your flight is delayed – the full guide

How to complain about your delayed or cancelled flight.

Denied Boarding Regulations criteria

aeroplane wing above clouds in blue sky Cancelled and delayed flight everything you need to know

You have rights when your flight is cancelled or delayed.

The Denied Boarding Regulation applies to passengers departing from an airport within the EU, whatever the airline is, and also applies to passengers departing from an airport outside the EU for an airport within the EU, if the operating air carrier is a Community carrier. (I.e. a carrier with a valid operating license granted by an EU state).


Your rights when your flight is delayed, cancelled or you are denied boarding

Under European regulations (EC261), passengers have significant rights if their flight is delayed, cancelled or they are denied boarding. These rights have been in place across Europe since February 2005 and the CAA is the national enforcement body for them here in the UK.

The EC Regulations have been written into UK law, The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019.

The rights cover the following:

  • Flight cancelled or delayed for several hours – the airline must look after passengers. It must provide food, drinks, and some communications. You are entitled to this if you are delayed more than 2 hours on short haul, 3 hours on medium and 4 on long haul.
  • If passengers are delayed overnight, this also means providing them with a hotel and travel to and from it. (All these must still be provided even if the delay was out of the airline’s  control).
  • Flight is cancelled – the airline must offer an alternative flight or a full refund. The passengers may also be entitled to compensation if the flight was cancelled less than 14 days before the scheduled departure.
  • Denied boarding or “bumped” from a flight – the airline must offer an alternative flight or a refund. Passengers are entitled to compensation.
  • If a passenger’s flight is delayed by more than 5 hours and they no longer want to travel they are entitled to a full refund.
  • The Civil Aviation Authority says “Sometimes airlines may advise you to make alternative travel arrangements, then claim back the cost later. If you do this, try to keep costs down as much as you can, keep receipts and record the name of the person giving this advice. Book with the same airline if at all possible.”

What is covered by the Denied Boarding Regulations

Regulation (EC) 261/2004 applies to all flights wholly within the EU/EEA or Swiss region, or departing an EU/EEA or Swiss airport, or arriving in the region and with an EU/EEA or Swiss airline. Under EU rules, airlines must pay compensation for cancelled or heavily delayed flights, however, they can escape this under some ‘extraordinary circumstances’. This can include sudden severe weather events for example. Pilots turning up late, cancelled booking due to under booking etc. are examples of the airline at fault and so passengers can complain and get compensation.

Extraordinary circumstances: technical difficulties

The decisions made in the Huzar v Jet2 and Dawson v Thomson cases confirmed that routine technical difficulties are not extraordinary circumstances. Ron Huzar was delayed for 27 hours on a Malaga to Manchester flight. The delay had been caused by faulty wiring and Jet2 had claimed that this was unforeseen and categorised as an ‘extraordinary circumstance’. In the Dawson v Thomson case, James Dawson was claiming for an eight-hour delay on a flight to the Dominican Republic in 2006; his claim was made in 2012. The airline refused to pay, citing the Montreal Convention, which limits claims to two years after an incident.

On October 31st 2014 the Supreme Court upheld the rulings at appeal. Delays caused by technical problems cannot be categorised as ‘extraordinary’ circumstances and not liable for compensation and consumers have up to six years after the flight to make qualifying compensation claims. A judge in Liverpool county court threw out applications on the 25th February 2015 by Jet2, Ryanair, Flybe and Wizz Air to keep claims on hold  until a case in Holland about technical delays (Van dear Kans v KLM) was decided. He stated that cases should be settled in line with existing passenger-rights rules.

Note: 17/09/15 further ruling against KLM  in the European Justice Court.

Airline strikes and how it affects compensation

Where a strike involves employees of another organisations, eg. air traffic controllers, an airline cannot be expected to pay compensation for a delay that realistically is outside of their control. However, if delays occur as a result of a strike by an airline’s own employees, then passengers should be entitled to compensation.

Should you be met with refusal, quote the  Helga Krüsemann and Others v TUIfly GmbH case where it was ruled that strike by the company’s employees are not extraordinary circumstances. 17 April 2018.

Connecting flights

If, due to a delay of less than 3 hours, you miss your connecting flight and so arrived at the final destination more than 3 hours late, you are entitled to compensation of between €125 and €600. However, this is only the case if you book both flights together.

Airlines will really fight this one! But! In The Air France SA v Heinz-Gerke Folkerts& Luz-Tereza Folkerts 26/02/13 case, the Judge ruled that “Article 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 must be interpreted as meaning that compensation is payable.

This is on the basis of that article, to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time, given that the compensation in question is not conditional upon there having been a delay at departure and, thus, upon the conditions set out in Article 6 having been met.” So quote that!

Update – In March 2018 the Supreme Court ruled that airlines must pay compensation when passengers miss a connecting flight and arrive more than 3 hours late at a destination outside of the EU. Claudia Wegener v Royal Air Maroc SA  31 May 2018.

Aeroplane in blue sky

Consequential losses and your entitlement to redress

If you have booked a hotel and other things, you should try to claim.

The EU laws don’t cover consequential losses. However domestic law may,

Consumer Rights Act 2015 came into force to cover airlines October 1st 2016 but it is such a new law that it’s largely untested and will be until we get a definitive judge-lead ruling.

The UK EU Consumer Centres says:

“Consumers may be able to pursue the airlines under the Consumer Rights Act 2015 (CRA) as the company should perform a service with reasonable care and skill. Also, another instrument that passengers may be able to use is the Montreal Convention.”

The CAA has been looking at how the CRA will work with the Montreal Convention as it is very complicated regarding what and when you are covered as the MC applies once in the sky and over rules anything else. It is far from clear cut!

However, request it as advised in the post and if you follow the tips for complaining effectively you’ll get it as people often do.

Compensation Amounts

Compensation for delays is only due on flights arriving over three hours or more late. (2 hours for flights 1,500km and under).  How much you are entitled to depends on how long the delay and how long the flight. It changes again if the flight is cancelled before/after seven days before you are due to depart. It does not reflect the price of the flight and is straight out compensation.

Personally I don’t like this, it buys into the “compensation culture”. Genuine redress and goodwill gestures reflect time and amount spent on matters but these regulations do not take this into account and therefore there is a risk that the low cost airlines will be hardest hit and consequently have to put up their fares. I feel compensation should be reflective, but while it isn’t, this is what we have, set amounts set in Euros so depends on where we are with exchange rates!

See Airline compensation rates and claim letter template for details.

Ryanair 2017 and 2018

Remember last year Ryanair flies into oblivion. It doesn’t learn. You are covered by all the above whatever it says.

Landing in court with Ryanair describes the situation with strikes in 2018 and the position of using ADR and AviationADR for Ryanair in particular.

Look East interviews Ryanair CCO and Helen Dewdney

LookEast Evening and Late News 23/08/18. Two interviews with me regarding the current situation and one with the Ryanair Chief Commercial Officer David O’Brien. Looks at strikes, rights, bounced cheques and baggage issues.

Your rights Ryanair strikes

Claiming from an airline for delayed/cancelled flights

You can also use this Airline claim compensation letter template which also details the compensation amounts. Quote the relevant laws above if applicable.

Don’t feel like you need a no win no fee solicitor or a similar firm. They cannot and will not do anything that you cannot do for yourself and keep the whole amount! More here. After a recent Court of Appeal ruling, Bott & Co vs Ryanair, consumers must first contact the airline directly, or in case of using a third party, ensure that the complaint is in their name or otherwise the airline may reject the complaint on the grounds of breaching their T&Cs.

Refused compensation or not getting paid out after ADR decision?

Consumers who have had compensation claims rejected for any of the reasons rejected by the courts can now re-submit the claims to the airlines as long as the delay was less than six years ago.

If you have had a claim refused write again citing the relevant legal case above and follow the tips for complaining. You can also go to the relevant ADR scheme but see Landing in court with Ryanair for issues regarding AviationADR in particular.

The airlines do not have to respond to complaints within an official time limit, so set them a date by which you expect to receive a response. At the very least a “holding letter” of investigation should be sent.

If the airline is not a member of an ADR scheme you can contact the CAA. Write to the CAA CEO.

You can complain to an airline in the EU but if you having difficulty or need further help  contact the UK European Consumer Centre which helps with cross border disputes.

BBC Breakfast discussing flight delays

With apologies for the scary face (although that’s normal you should see me when I’m angry) at the beginning, didn’t realise the camera was on me! D’oh! It’s called resting bitch face.

BBC Breakfast 5th August 2015 flight delays

Other help for complaining about airlines

BA powercut debacle: Airline keeps passengers in the dark about their rights including giving people a premium number to phone. A free phone or low cost number not 084, 087 or 09 numbers must be provided.

There are of course lots of other complaints about airlines. Here is just one regarding Easyjet.

There are no such EU rules for flights operating outside of the EU/EEA or Swiss region (that are not an EU/EEA or Swiss carrier) and you should contact the Civil Aviation Authority for advice.

Flight cancelled or delayed? Your rights explained questions and answer format in my column for Your Money.

Look out timber frame on a beach "researching, booking and complaining aabout holidays and flights. Tips, ideas and your rights"


See All you need to know about booking/complaining about holidays/flights for numerous scenarios, regulations, laws and complaining!



book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!


More details of amounts of compensation per type of/length of delay or denied boarding and advice on how to complain about loads of sectors in the best-selling book, How to Complain: The Essential Guide to Getting Refunds, Redress and Results!



101 Habits of an Effective complainer book cover with logo



101 Habits of an Effective Complainer provides you with more tips




The Complaining Cow logo download templates

Purchase and download holiday and flight complaint/delays templates

Purchase and download templates to gain redress swiftly


Further information about Alternative Dispute Resolution

Alternative Dispute Resolution research, investigations, reports and information




ADR Ombudsman Press releases Topical

The ADR Directive and Ombudsman Omnishambles

Update to this story Ombudsman Omnishambles: New report exposes serious failings in ombudsman approval and oversight

Further update Landing in court with Ryanair provides links to more reports, articles in the FT  and Which? regarding the mess.

New privatised system of Alternative Dispute Resolution threatens consumer complaints chaos – but even its own implementation has now been delayed…

The ADR Directive

A new EU-mandated system of private ombudsmen which was due to come into force today, 9 July 2015, will not now be implemented 1 October 2015. Private companies will then be handling consumer complaints in sectors including retail, aviation, furniture and property.

Under the new system companies would be obliged to point customers to private complaints-handling companies but would not be bound by their decisions.

Issues in ADR approval and monitoring

Apart from the delay in implementation, there are many problems with the system as it is proposed.

For example:

  • There are two ombudsmen for the retail sector: One run by the company The Retail Ombudsman, the other by Ombudsman Services. There are also three ombudsmen for the property sector. This will lead to considerable confusion for the public. [1]
  • There are no criminal records checks for ombudsmen employees or directors: The company calling itself The Retail Ombudsman employs a convicted criminal as its communications director. [2]
  • One private company already running another ombudsman service pre-launched an Aviation Ombudsman without obtaining CAA permission. [3]
  • The CAA had previously confirmed that it would be winding down its own complaints scheme in favour of a privatised operation from 1 September 2015 (depending on certain conditions). [4]
  • There is no “ombudsman of ombudsmen” – The body responsible setting up Alternative Dispute Resolution (ADR) schemes, the Trading Standards Institute (TSI), has no consumer complaints system.
  • The chairman of the trade body The Ombudsman Association, Lewis Shand Smith, is also the CEO of one of the ombudsman companies. [5]
  • When the law eventually comes into force from 1 October 2015, traders will be obliged to tell consumers where to go for ADR but are not obliged to use ADR services.
  • Update 12/10/15 Ombudsman services have set up a Consumer Ombudsman for “everything else” increasing the likelihood of more doubling up.

Supermarket comments on The Retail Ombudsman

Asked about the retail ombudsman via Twitter in May this year, Sainsbury’s social media staff replied candidly.

Further details of these issues are available on request.

About the authors

Marcus Williamson, Editor of the consumer information website, says “These new companies are in this for the money and will be charging the companies whose customers are complaining. Those costs will inevitably be passed onto consumers through higher prices of products and services.”

More about

Helen Dewdney, Consumer Champion and author of the book “How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!”, says:  “This ongoing Ombudsman omnishambles is helping no-one and will only result in confusion for consumers. If an ADR regime is to work well for consumers it needs a single ombudsman per sector, a clear code of practice and independent oversight.”

More about Helen Dewdney: //


[1] For example: and
Neville Thurlbeck, former News of the World chief reporter, was jailed for 6 months in July 2014 for phone hacking. The Trading Standards Institute has confirmed that criminal record checks are not necessary for ombudsman directors or staff.
[3] Screenshot available on request

Radio 4 appearance discussing ombudsmen:

Ombudsman Omnishambles discussed on You and Yours Radio 4


How approval bodies are failing to properly approve and monitor Alternative Dispute Resolution -