Martin explained last week his Twitter was overrun with complaints from people who suffered flight delays from Spain of over 28 hours.
So he decided to explain what rights Britons have if this happens to them during an appearance on This Morning.
He said: “It’s much easier if you’re on an EU regulated flight. This is all about EU regulation 261/2004 – it’s important to mention that in any complaint you make as it has specific rules.
“And while there’s uncertainty if it’ll still be in force after we leave the EU, it very much still counts now.
“Under these rules, you can claim compensation if you meet all three of the below criteria – and it isn’t just this summer’s flight, you can back claim for any delayed flight going back to 2011. These are the key things to know:
What counts as an EU flight? It means the flight must have left from an EU airport, or arrived at an EU airport (but then it must be an EU airline). So for example, a delayed Manchester to Miami flight qualifies, regardless of the airline. Yet for Miami to Manchester, you are entitled to compensation under this rule flying Virgin or KLM, but not on Air India.
It must have ARRIVED 3hrs+ late. It doesn’t matter how late you leave, it’s all about how late you arrived. So if you’re on a flight that takes off 4 hours late but arrives 2 hours 55minutes late – you’re not over the three hours needed to get compensation. And technically the time that counts is when you open the door to get off the plane.
If you’re struggling to remember if your delay passed the crucial three hour cusp, you can try using the FlightRight calculator from a claims firm (I’m not saying to use the firm to claim compensation, just to use its calculator, then put in your own claim which I’ll tell you how to do below) – just put in your flight number, date of flight and the airports you flew between, and it’ll say how long you were delayed for.
It must have been the airline’s fault to claim. So things like bad weather, airport staff strikes or political problems doesn’t count, and you can’t claim compensation. However, things that are under the airlines control such as staffing problems, poor planning, and now even technical problems caused by not fixing regular wear and tear all count. Airlines will try and play fast and loose with this – so listen carefully and note down what you’re told is the delay reason. If for example they’ve people working on the planes to fix them for hours but later claim bad weather – challenge it.
You are entitled to cash. Airlines often offer vouchers, so unless they’re offering more, you can formally say you want cash.
Martin Lewis explained how you could be entitled to £550 compensation
Martin Lewis explained your rights to compensation in the face of flight delays
If your flight is cancelled, then you’re entitled to the choice of a refund or a replacement flight
Explaining how much compensation you get, Martin said: “The amount you get is fixed solely on the flight length and delay time. So a 1,000km flight delayed by three hours is €250 (£230ish) per person, while a 4,000km flight delayed for five hours is €600 (£550ish) per person.
“If your flight is cancelled, then you’re entitled to the choice of a refund or a replacement flight – and that applies whether it is the airlines fault or not.
“However if it was the airlines fault and it cancelled your flight within two weeks of departure, then you’re entitled to compensation on top if the arrival time of that flight is late.
“And somewhat strangely this applies even if you went for a refund – in other words if the offered replacement flight that arrives late you’re due the compensation.”
Martin Lewis explained your right to compensation depends on your destination and delay period
Explaining how to claim, Martin said: “First, write to the airline stating the details of your delay and asking for the compensation. You don’t need to pay anyone to do this. There are free template letters and tools available (see above) to help you do this. If rejected, and that’s common, then depending on where you flew from and the airline you flew with, you can go to the relevant regulators for that country, or one of several new Alternative Dispute Resolution (ADR) schemes many airlines have signed up with.
“If you flew to or from the UK and your airline is with an adjudicator, you MUST use it: You airline should let you know if they’re signed up with an ADR scheme, and if they are you can take your claim there to escalate it. Its decisions are generally binding on the airline (though not all are), and while generally most don’t charge a fee, be aware that CEDR – the regulator for British Airways, Easyjet, Thomas Cook and Thomson charge a £25 fee that’s only refunded if you win your case.
“Airline not signed up to an ADR? You’ll have to stick with a regulator. So for any flights leaving the UK, or any coming into the UK with a UK or EU airline, you’ll need to go to the Civil Aviation Authority (CAA) which is free. But its decisions aren’t legally binding, so you’ll still have to take it up with the airline and go to court if not.
“If your flight leaves from and arrives at a non-UK airport, it’s more of a grey area: There are ADRs you can go to, however I’ve heard mixed reports on how they work in practice. Alternatively you can contact the relevant regulator, for example for non-UK EU to EU flights try the European Consumer Centre or the regulator in departure country.
“If your appeal is unsuccessful it’s still possible to go to court if you really want to press your case, though then you need to weigh up if it’s worth it.”
Martin Lewis sat down with Holly and Phil on This Morning to explain flight delay compensation
If you weren’t on an EU flight, you can’t claim under EU regulation 261/2004, but there are a couple of things you can try. Martin said: “Check whether the country where the airline is based or where your flight departed from, has any compensation schemes similar to the EU one. The European Consumer Centre for Services site may help you find one.
“Check if the airline you flew with is signed up to the Montreal Convention, you may be able to claim through that. Though this is to claim if you have suffered a financial loss as result of the delay, e.g. extra car parking costs.
“Complain directly to the airline, though it may get you nowhere. Check the airline’s website for its complaints procedure.
“Check if your travel insurance policy covers you for delays. Some may pay a lump sum based on the length of delay, while others will simply refund costs you’ve incurred such as hotels or alternative transport.”