Family-of-five’s first holiday abroad ‘ruined’ after Easyjet cancelled flight after they got to the airport – but what are your rights when things go wrong?
THE JOYCE family were supposed to be on a plane to Portugal for their first holiday abroad together.
Instead, Aimee, 32, left Luton airport with her husband Elliot, 35, and their three children in tears because EasyJet had cancelled their flight after they'd checked in.
Aimee, who lives in Dunstable, booked the holiday in September last year and spent around £1,800 on flights to Faro for nine people, including her parents and her in-laws.
But it wasn't until they were waiting with their children Scarlet, 10, Lucas, 8, and Jacob 3, to find out the gate number when Aimee got a text from EasyJet telling them it had been cancelled.
"We were devastated because we'd been looking forward to it for so long," Aimee told The Sun, "and we've never been on holiday together abroad before as a five.
"Seeing my kids faces break down when I told them was horrendous."
EasyJet said they cancelled the flights on May 22nd after walk-outs by air-traffic controllers in France left them "unable to operate" certain flights.
At the time, the airline offered the family seats on the next available flights but they weren't until five days later.
Concerned that they had only booked the villa for 10 days, the family headed home disappointed and in tears.
While EasyJet did refund the full cost of the flights Aimee feels the airline owes her compensation.
She added: "If the strikes were planned then they would have known that they were coming and they could have sent us at least an email warning us that there might be delays.
"Hopefully I'll be able to be claim the £540 deposit for the villa on my insurance, but they won't cover things like paying to get to and and from the airport and the money we lost swapping currencies and then changing it back again.
"And the absolute pain of not being able to get away. Someone has to take responsibility."
A spokesperson from the airline said: "EasyJet provided all passengers with the option to transfer onto the next available flight free of charge or receive a refund, and hotel accommodation and meals were provided for passengers where required.
"Whilst this is outside of our control we would like to thank customers for their patience and apologise for any inconvenience experienced as a result of the industrial action."
Am I owed compensation when my flight is cancelled because of strikes?
Unfortunately for the Joyce family, under EU regulations you can't normally claim compensation from airlines if the flight has been delayed due to strikes.
This is because they're considered to be "extraordinary circumstances" beyond their control.
But a recent case has created a loop hole in which under certain circumstances you can claim back your flights.
In the recent case staff from TUIfLY took part in a wildcat strike in which many workers took sick leave to protest a recent company restructure, causing a large number of delays.
A wildcat strike is a spontaneous strike that isn't officially ordered by a trade union, so it is out of the airlines' control.
But the European Court of Justice ruled that wildcat strikes caused by management decisions don't count as extraordinary circumstances and that the travellers could claim compensation.
So, if this happens to you on your journey you are entitled to the regular compensation.
When am I owed compensation when my flight is cancelled?
If your flight is cancelled, you have the legal right to either a full refund within seven days or a replacement flight to your destination.
This applies for whatever reason your flight was cancelled or how long before you were told it would no longer be be flying.
Can I claim if my flight is delayed?
The rules around flight delays are a little more complex but it goes as follows...
If your flight is delayed by three hours or more and you were flying to or from a European airport, or with an EU-based airline such as Ryanair or British Airways.
Then you can claim compensation up to €250 (£229) for short-haul flights and €400 (£367) for mid-haul flights and €600 (£530) for long-haul flights.
But the airline might not payout if it's out of their control, for example, due to bad weather or strikes.
Delays of more than three hours caused by computer glitches, like the ones that affected BA last year that prevented passengers from checking in, are the responsibility of the airline and you may be entitled to a full refund.
If your flight is cancelled due to weather conditions but other flights on other airlines are still going ahead, then you may decide to challenge your airline.
If you are not entitled to financial compensation for flight delays in these circumstances, you could be entitled to refreshments at the airport but you may need to claim this on your travel insurance.
What if I wasn't on an EU flight?
New EU rules have now been extended to cover connecting flights outside the EU, as long as the first leg of your journey started from an EU country.
But in general, problems on a non-EU regulated flight won't be covered by the union's flight delay compensation scheme.
The Civil Aviation Authority (CAA) says affected passengers should first check with the country where the airline is based or where you're flying from to see if there any similar compensation schemes available.
You could also claim for any financial losses you incur because of a flight delay under something called the Montreal Convention.
What does my insurance cover?
If you can't claim compensation directly through the airline, your travel insurance may refund you.
According to comparison site MoneySuperMarket.com, if you’re delayed at a snowbound airport then a standard travel insurance policy would usually cover 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.
How to avoid holiday hell
MAYBE you’ve arrived on holiday only to realise that the villa you paid for doesn’t exist, or even that your cash has been stole on the way from the airport.
These nightmare scenarios are not ideal for your holiday getaways and sometimes unavoidable. Here are ways you can prepare for the worst to help you get the best out of these sticky situations:
- Getting ill: You won’t be able to claim compensation if you’re struck down by a bug abroad unless it was caused by a tour operator, like food poisoning served up with dodgy food. You’ll need to supply proof though like a doctor’s note. Travel insurance taken out before your holiday will cover you for any medical bills you might have to pay out for but make sure you keep all receipts to prove to the insurance company.
- Your hotel isn’t what you expected: If the offer sounds too good to be true then it probably is so be sure to check out the reviews before booking your holiday. It should be a red flag warning if the company doesn’t belong to the Association of British Travel Agents (ABTA). And if you’re asked to pay directly into a bank account, use your credit card which is protected in case anything goes wrong. If your holiday hasn’t lived up to what was advertised then you may be entitled to compensation from the travel agent but you’ll need to provide proof like photos or the reality versus what was advertised.
- Cash is stolen - Tell your bank and credit card provider you’re going away so they can keep an eye out for any dodgy transactions. Always have some back up funds in a spare bank account to bail yourself out if it all goes wrong. When you arrive on holiday, make sure you don't keep your cash in one place. That way if some of it is stolen, you’ll have back up in another bag.
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