A CHANGE to a European travel rule could see millions of Brits lose money if their flight is delayed or cancelled.
Under current legislation called EU261, European air passengers are entitled to compensation if their flights is delayed by over three hours or cancelled.
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Despite leaving the European Union in 2020, the UK decided to adopt the regulation into law, which means British travellers benefit from the same rule as European travellers.
However, the regulation is currently under review in Brussels, following increasing pressure from airlines including Jet2 and lobbying groups.
Proposed changes would change the rules that allow compensation on a flight delay from three hours to five
According to The Brussels Times, if the changes were made, then 85 per cent of travellers currently entitled to compensation would no longer be.
Read more on EU travel rules
Last year, more than 287million passengers were affected by cancellations and delays across Europe.
If changes are made, it will first need to go through the European Parliament and the Council, to be signed off.
It is currently unclear how this could impact UK law and British passengers, as the UK government would need to decide whether to follow suit or not.
But if changes were to be introduced in Europe, airlines such as Jet2 would be likely to lobby for the UK government to bring the rules into line with the EU.
For the time being the rule that was introduced in 2004, will remain in place meaning that British passengers will need to experience a delay of more than three hours or a cancellation within 14 days of their departure to receive compensation.
Travellers who have been denied boarding because their flight was overbooked are also entitled to compensation under EU261.
The amount of compensation depends on the length of the delay and the distance of a flight.
The maximum amount payable for any one claim is £506, which would apply to a flight travelling 3,500km and delayed for four hours.
Where there has been ‘extraordinary circumstances’, such as extreme weather, air traffic control restrictions, strikes not involving the airline’s staff, and political instability, compensation may not be available.
Softening EU261 in favour of airlines by raising the delay compensation threshold, has been in discussion for over a decade.
If it were to happen, airlines would likely save millions of pounds in compensation payouts and this could lead to a hidden benefit for passengers.
But if the threshold was increased, airlines would pay less compensation, meaning a boost for their bottom lines and consequently, could mean a reduction in fares, according to The Telegraph.
A number of travel rule changes for British passengers heading into Europe also come into force this year.
Flight compensation rules
A look at your rights if a flight is delayed or cancelled, when your entitled to compensation and if your travel insurance can cover the costs.
What are my rights if my flight is cancelled or delayed?
Under UK law, airlines have to provide compensation if your flight arrives at its destination more than three hours late.
If you’re flying to or from the UK, your airline must let you choose a refund or an alternative flight.
You will be able to get your money back for the part of your ticket that you haven’t used yet.
So if you booked a return flight and the outbound leg is cancelled, you can get the full cost of the return ticket refunded.
But if travelling is essential, then your airline has to find you an alternative flight. This could even be with another airline.
When am I not entitled to compensation?
The airline doesn’t have to give you a refund if the flight was cancelled due to reasons beyond their control, such as extreme weather.
Disruptions caused by things like extreme weather, airport or air traffic control employee strikes or other ‘extraordinary circumstances’ are not eligible for compensation.
Some airlines may stretch the definition of “extraordinary circumstances” but you can challenge them through the aviation regulator the Civil Aviation Authority (CAA).
Will my insurance cover me if my flight is cancelled?
If you can’t claim compensation directly through the airline, your travel insurance may refund you.
Policies vary so you should check the small print, but a delay of eight to 12 hours will normally mean you qualify for some money from your insurer.
Remember to get written confirmation of your delay from the airport as your insurer will need proof.
If your flight is cancelled entirely, you’re unlikely to be covered by your insurance.
And when the new rules do come into play, travellers could get a ‘six-moth free pass’.
Plus, the passport rules that could cost you hundreds.
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