Flight cancellations and passengers’ rights

Q: My return flight from Heraklion to London scheduled for 27 August got cancelled by Lufthansa. I have not been given a reason why. The alternative flight is now scheduled for 30 August. No compensation for additional accommodation costs has been offered. What do I do?

“Goldfish 1”

A: Sorry to hear it. You have made an interesting choice of airline to travel between Crete and the UK. This difficult summer, with so much disruption to flights, it is increasingly clear that any itinerary that requires a change of plane is especially susceptible to being messed around. (Also, a connection in Frankfurt, Munich or any other airport sharply increases the chance of checked luggage going astray.)

Having said that, the strong view of the UK Civil Aviation Authority (CAA) is that you should be offered a flight on the same day on any airline that has seats available. While none on 27 August will get you to Heathrow (where I presume you were heading), easyJet can fly you to Gatwick, Jet2 to Stansted and Wizz Air to Luton.

In theory, at least according to the CAA, Lufthansa should discuss with you which option suits you best and then pay for the ticket. However, with a flight originating in Greece on a German airline, it could be tricky to press home this view – if you are going to try, it will be greatly to your advantage if the trip on Lufthansa began in the UK.

It may be, of course, that you are not unhappy about extending your trip by three days and talking the rescheduled itinerary you have been offered. But in that case Lufthansa must certainly provide accommodation for you – or confirm that it will pay for a room that you source for yourself.

In any event, do ask for €400 in compensation for the disarray, as stipulated under European air passengers’ rights rules; it is down to Lufthansa to prove why it is not liable to pay out.

Q: I was booked on Wizz Air from Luton to Lisbon on the evening 22 June 2022, departing at 6.30pm. The airline told me by email that departure was postponed to 8.40pm.

Based on the table of entitlements they provided, I bought a meal and then submitted my receipt to claim back the cost. I was told that as the plane arrived 108 minutes late at Lisbon, I cannot get compensation. It sounds odd that delays should be measured relative to arrival time – which of course is impossible to know before departure. Is this wrong?

Albert Ohadi

A: I can see the flight was eventually delayed in departure by two hours and three minutes, and arrived (as Wizz Air says) one hour 48 minutes late.

When flights are expected to be delayed, European air passengers’ rights rules stipulate free “meals and refreshments in a reasonable relation to the waiting time”. This is purely calibrated on the delay in leaving, not arriving, and applies “when an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure”.

However, the time at which the entitlement to food and drink kicks in depends on the length of the flight. The two-hour rule applies only to flights below 1,500km, which would cover Luton-Porto (1,340km) but not Luton-Lisbon (1,605km). For flights of between 1,500 and 3,500km it’s a three-hour wait.

I am not sure why an airline would want to tell passengers that they are entitled to a sandwich and a cup of tea when they are not; I imagine there may have been some confusion here. If you can provide evidence that Wizz Air informed you it was obliged to pay for your sustenance, then you can continue a claim.

Personally I wouldn’t bother: since there is no definition of what constitutes a “reasonable” allowance, airlines could limit the sum to around £5 – which won’t buy much in an airport.

Finally, to explain why Wizz Air might focus on the arrival time: this is the metric for deciding if cash compensation is payable. Anything above three hours late and an airline must pay out for the delay, unless it can claim “extraordinary circumstances” were responsible.

Anyway, after the annoying hold-up I hope the rest of your trip went well.

Ferry frustrating

Q: Can a ferry company close check-in and sail early? This happened last week with our crossing. We got a text stating that check-in closed at 8.20am. We arrived at 8.10am to find the gates locked. We were put on the next ferry at 2.30pm. Can we get a refund or compensation?

Anonymous

A: In your position I would be mightily cheesed off to comply with a specific text message only to find that I had missed the boat. Ferry operators typically ask passengers to be at the port no later than 30, 45 or 60 minutes before departure (the time can depend on whether or not they are taking a vehicle). They usually stipulate that you must have completed check-in formalities by this time, though in your case you appear not to have had the chance to begin them.

European ferry passengers’ rights rules, which still pertain for departures from British ports after Brexit, do not tackle the exact position you found yourself in. But from the facts as you present them, you can reasonably claim that you were delayed by around six hours despite turning up on time.

For ferry passengers, the entitlements in the event of disruption are far less generous than those for airline travellers; had you faced a wait of more than three hours for a plane, you would be in line for hundreds of pounds of compensation. But you should be able to secure a refund of half your fare – provided that the ferry operator agrees your claim.

You will need to demonstrate that you met the deadline in your text. The ferry firm may push back, by saying that the vessel sailed early because of the prevailing or forecast weather conditions, or because of “extraordinary and unavoidable circumstances”. But the company will need to provide documented evidence to substantiate its defence. Good luck.

American escapes for unvaccinated travellers?

Q: Do you think the US will open up to all passengers any time soon?

Tudorfan

A: The United States has chosen to be much slower in opening its borders to visitors who have not been vaccinated against Covid-19 than many other countries have been. Having completed an initial course of jabs is still mandatory (though a booster dose is not required).

A good few unvaccinated travellers have pointed to what they say is the futility of vaccination, given that many Americans from President Biden downwards have succumbed to Covid-19 despite being jabbed.

The Centers for Disease Control (CDC), which is the US health regulator, firmly advocates the benefits of vaccination – saying they are “safe and are effective at protecting people from getting seriously ill, being hospitalised, and even dying”.

It says: “Getting a Covid-19 vaccine is a safer, more reliable way to build protection than getting sick with Covid-19.

“Covid-19 vaccines can offer added protection to people who had Covid-19, including protection against being hospitalised from a new infection, especially as variants continue to emerge.”

The CDC can argue that demanding visitors have vaccinations helps to ease potential pressure on the American healthcare system. International arrivals becoming seriously ill from Covid-19 while on holiday could put stress on the system.

At present, the rule is: “If you are a non-US citizen, non-US immigrant and not fully vaccinated, you will not be allowed to board a flight to the United States.”

That is not completely true, because there are some very rare circumstances in which travellers might be allowed in. But the CDC says: “Only limited exceptions apply to the requirement to show proof of vaccination.”

The US was extremely quick to build barriers in response to Covid 19, and very tardy in opening up – banning UK and European Union visitors for 19 months. I do not sense any great hurry to open up to unjabbed folk.

If you twisted my arm, I would say November – only because that was the month, in 2021, when the US finally re-opened to people from Europe.

Emergency exit seating rules

Q: Are there any aviation laws stopping someone from having a exit row seat on a plane if they require special assistance to get through the airport?

The Jellyfish

A: Yes. People seated in an emergency exit row are part of the safety regime on any flight. In the event that an emergency evacuation becomes necessary, they are expected to be able to open the door (which activates the slide) and exit the aircraft, allowing others to follow quickly. While the cabin crew will assist if possible, this may not be possible – which is why passengers seated in exit rows are specially briefed and also asked if they are willing and able to help.

The Civil Aviation Authority specifies a wide range of passengers “who should not be allocated, or directed to, seats by emergency exits”. They include:

It is difficult to imagine circumstances in which a passenger who requires special assistance to get through the airport could possibly be deemed suitable for an emergency exit row. I infer from your question, though, that you are aware of a situation in which a specially assisted passenger was placed by an emergency exit. In such a circumstance, a discreet word with cabin crew is definitely required.

A question of timing

Q: l’m hoping to go to Israel, when’s a good time to visit please?

Julsey

A: Israel has much to offer the tourist, from an extraordinarily rich history to excellent beaches and great cuisine.

Timing is everything in travel, though: I prefer to avoid the heat on the Mediterranean coast from early June to mid-September; April and May, plus late September to late October, are excellent spells.

On the Red Sea at Eilat, though, November to March are the best months – with warm sunshine during the day and cool evenings. The water is warm year-round here, too – and you can explore into Jordan and Egypt while you are there.

Just a word about security concerns. The Foreign Office says: “The security situation in Israel and the Occupied Palestinian Territories can be fast moving, tense and unpredictable. You should be vigilant at all times and keep up to date with local media and travel reports.

“Terrorists are very likely to try to carry out attacks.”

The experience of entering and leaving Israel is unlike anywhere else in the world, and can be stressful.

Post-Brexit rules for travel to the EU

Q: I’m hoping to drive all over Portugal in January and February. I usually stay 50 days but might stay 60. So I plan to book a return nearer the departure date. But do I have to have a return ticket? There’s news that I might be asked for one at border control.

T Toplis

A: What a lovely way to begin the year. In the Brexit deal, the UK asked to be treated as third-country nationals, which means that visitors are obliged to carry proof of onward or return travel from your EU destination. This will normally just be a booking for a flight, train or ship – though if your plans are fluid you can show you have enough money for “return to the country of origin or transit to a third country into which he or she is certain to be admitted”.

Read More