My flight was cancelled due to the Crowdstrike IT outage – can I claim compensation?

Over 700 flights to, from and within the UK were cancelled by dozens of airlines between Friday 19 and Sunday 21 July.

Problems began at dawn on Friday when the CrowdStrike IT update failure knocked out key airport and airline systems. More than 400 flights were cancelled on the day. The knock-on effects are continuing, especially for the package holiday company, Tui.

On Saturday and Sunday, there were hundreds more flight cancellations – blamed by easyJet on “a combination of staffing and capacity constraints and adverse weather”.

The airline’s chief executive Johan Lundgren said on Monday: “This cannot go on. Urgent reform alongside additional resilience and staffing need to be put into place so passengers don’t have to suffer the consequences of lengthy delays or the risk of their flight being cancelled.”

The UK Civil Aviation Authority (CAA) says: “When flights are delayed and cancelled, we expect airlines to minimise the overall impact on passengers by keeping them informed, looking after them, and advising them of their rights.”

But there is still much confusion among the 100,000 passengers stranded when their flights were grounded about their exact entitlements – and what compensation, if any, they may claim.

These are the key questions and answers.

If my flight is cancelled, what must the airline do?

For passengers on UK or European airlines, or those flying from a British or EU airport, the airline’s obligations are clear under European air passengers’ rights rules.

These were introduced in 2006 and are known as EC261. They were devised to require airlines to do the right thing for their passengers. They specify the care and compensation you can expect when your plane is delayed or cancelled. After Brexit, the UK copied and pasted the same rules.

For many people the most important right is replacement transport.

Whatever the cause of a cancellation, and regardless of the amount of notice that is given, the airline must get you to your destination as soon as possible if that is what you want. The UK Civil Aviation Authority (CAA) says that means if a flight is available on the original day of travel, you must be booked on it – even if it is on a rival carrier.

The exact legal phrase is “re-routing, under comparable transport conditions, to their final destination at the earliest opportunity”. The term “re-routing” is unhelpful, since it implies finding a different route to the destination. On a link such as Manchester-Dublin or Barcelona-Gatwick, with around a dozen flights a day on multiple airlines, there should be no need to change the route.

What if I am flown to a different arrival airport?

That happens quite a lot, and the airline must meet reasonable onward travel costs. If you are flown to Bristol rather than Gatwick, or Manchester instead of Birmingham, you could claim the onward train fare – but not a taxi, unless there are several of you and the cost per person is cheaper than a rail ticket, or if it is the middle of the night.

Does my replacement transport have to be a plane?

No. On occasion a train (eg Eurostar from Amsterdam, Brussels or Paris to London) or even a rental car may be more appropriate.

But the airline says it can only book me on one of its flights?

Unfortunately, I have heard that more than once during the present crisis – with multiple passengers waiting days to be flown, rather than departing no later than the day after the cancellation. If you are told this, say politely that this is not the case, and that you will go ahead with booking alternative transport and claim it back later.

The CAA says: “We expect [airlines] to promptly reimburse passengers for the reasonable costs they incur making their own arrangements.”

If you are told “you can only fly with us”, try to get it in writing – that may make it easier subsequently to recoup your spending. If the alternative travel is expensive (eg only business class is available) you will need to be able to show evidence – with screenshots of the flights on offer at the time you tried to book.

Any other options?

Yes. The first is an alternative flight at a time to suit you in the future. This may well suit someone on a city break that was rendered non-viable but who still wants to travel.

Suppose you were heading for Rome on Friday morning, but the outbound flight was cancelled and the next available one was Saturday evening; you might just want to reschedule for a later weekend. In such a case, the cancelling airline can reasonably require you to travel on one of its services.

The other is a full refund, including any return segment if it is on the same ticket. Do not accept a voucher unless there is a benefit to you – eg a 25 per cent uplift in the value of the ticket, offering you £500 worth of future travel for a £400 fare.

I had to stay overnight…

In its “Guidance to Industry”, the CAA says: “Passengers whose flights are delayed, and those awaiting replacement flights, should be looked after and provided with meals, refreshments and hotel accommodation proportionate to the length of the delay.

“Particular attention should be given to those who require special assistance, and passengers who are vulnerable or require more practical assistance.”

This should include transport between the airport and the accommodation. In practice, you may be told “sort yourself out”.

What happens if I have to find my own hotel?

You claim it back, along with meals (but not alcohol). You must keep all your receipts, and these should be itemised rather than a random credit card receipt.

Do I get cash compensation?

You are due hundreds of pounds in compensation if the airline is responsible for the cancellation – ie it cannot plead “extraordinary circumstances” as causing the grounding of the flight. In the case of the IT outage, the CAA wrote to airlines saying: “The disruptions directly caused by the global IT issue are likely to be viewed as ‘extraordinary circumstances’. As a result, passengers are unlikely to be entitled to fixed-sum compensation.”

But the CAA adds that its view does not preclude passengers from seeking compensation, including through the courts, “if they disagree with the Civil Aviation Authority’s interpretation.”

What are the chances?

If your flight was cancelled, or you missed it, due to airport failures (eg a non-functioning baggage system or security snarl-up) then the airline cannot be held responsible.

Consider the case of Tui, whose crewing rosters were undermined by the CrowdStrike failure. A lawyer might argue that the software chosen was within the control of the firm. This could be the subject of a test case – and if it is, there will be plenty of publicity to enable other passengers to claim.

In addition, it is the passenger’s right to be given a clear explanation of the reason for a cancellation. If, for example, a technical issue with a plane was involved, that could provide grounds for a successful claim.

Initially, you should apply direct to the airline, but if your claim is rejected you can consider a legal approach – or going through Alternative Dispute Resolution (ADR), which has the advantage of being free.

Does it make any difference if I am on a package holiday?

Yes, if your holiday is curtailed because you arrived a day or two late, then you should get a proportionate refund from the tour operator (the company that put your trip together). But the firm is allowed to deduct the value of the flight from the calculation.

For example, suppose you paid £1,000 for a one-week package, and lost two days of it. The company could claim that the air fare element comprised £300. Your compensation would then be based on a holiday element of £700, and you would get £200 (two-sevenths of that £700).

Some tour operators are automatically refunding the value of the lost portion of the trip, others you may need to chase.

The Independent is aware that some online travel agents that sold package holidays (flights and accommodation in the same transaction, with an Atol certificate to prove it) are telling customers that only the cancelled flight and, possibly, accommodation are refundable – and that if the inbound flight is still going, it will not be refunded. This is nonsense; if the package is cancelled, you get all your money back.

What if I am flying from outside Europe on a non-UK/European airline?

These rules do not apply.