On the 28^th August 2023, the UK’s air traffic control systems were hit by a major technical fault which resulted in hundreds of customers travel plans being disrupted. The aftermath of the failure is now being seen with some customers still stranded abroad and struggling to find return travel in the immediate future.  

Around 20% of UK departures and 27% of arrivals were cancelled affecting circa 10,000 customers. Airlines have now ended up with aircraft in the wrong place and a backlog of customers trying to get to their destinations. Disruption is expected to last well into next week with NATS stating “ it will take some time for flights to return to normal”.

What rights do your customer have if their flight is delayed?

The majority of travel insurance policies don’t provide cover for this type of incident as it doesn’t fall within the usual perils for delay. Normally, policies only provide protection due to Strikes, adverse weather or mechanical breakdown of an aircraft. This incident was a result of system failure within NATS meaning coverage is unlikely to be in place. Also, Airlines don't have to offer compensation due to technical issues caused by UK's air traffic control service as it isn’t their fault – That said, they still have an obligation to keep passengers comfortable if there are significant delays at airports.

When a significant delay occurs, airlines must provide passengers with:

•  A reasonable amount of food and drink (or vouchers to obtain their own food)
• Refunds for the cost of two free phone calls or emails
• Accommodation for passengers stranded overnight where possible.
• Transport to a hotel - or their home

Customers do have the right to make their own “reasonable” arrangements but they must keep receipts in order to be reimbursed. Reasonable can be subjective and customers should attempt to keep the costs as low as possible otherwise they may not receive full reimbursement.

What rights do your customer have if their flight is cancelled?

If the flight is covered under UK law I.e. a UK based/owned airline, they must let you choose between either getting a refund or an alternative flight, regardless of how far in advance the cancellation was made. Customers can get their money back for any part of the ticket that has not been used. If they have booked a return flight and the outbound leg is cancelled, you can get the full cost of the return ticket refunded also.

If they still want to travel, the airline must find you an alternative flight but this is very challenging at the moment due to capacity issues. If another airline is flying to the same destination sooner, or there are other suitable modes of transport available, then they have a right to be booked onto that alternative transport instead.

If travel was booked with a non-UK airline, they will need to speak directly with them for advice on compensation as terms and conditions vary from airline to airline.

Who can your customers speak to for help?

If a customer made independent travel arrangements i.e. a non-package holiday, they will need to contract their airline directly for assistance. If they are stranded abroad, a number of emergency repatriation flights are planned to take place and their airline may be able to book them a place.

If their air travel is part of a package holiday, it can be a little tricky especially if they decide not to travel. Any issues or changes to plans need to be discussed directly with their travel operator who should be able to provide assistance.    

Some customers may have some level of protection under their travel insurance policy for delayed departure expenses or additional travel costs. If this is the case we are here to help those who need to make a claim. Understandably, we are receiving a high number of enquiries relating to the delays but our teams are working hard to provide your customers with as much help and support as needed.

Simon Hoskin  Head of Travel/A&H - GBUK  Simon_Hoskin@gbtpa.com