My holiday flight was cancelled due to Crowdstrike’s IT outage. Can I claim compensation?

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

The problems began at dawn on Friday, when CrowdStrike’s IT update knocked out key airport and airline systems. More than 400 flights were cancelled that day. The fallout continues, particularly for package holiday company Tui.

On Saturday and Sunday, hundreds of further flights were cancelled, with easyJet blaming it on “a combination of staffing and capacity constraints and adverse weather conditions”.

The airline’s chief executive, Johan Lundgren, said on Monday: “This cannot continue. Urgent reforms, resilience measures and additional staffing are needed to ensure passengers do not suffer the consequences of long delays or the risk of having their flights cancelled.”

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

But there is still considerable confusion among the 100,000 passengers stranded when their flights were cancelled about their exact rights – and what compensation, if any, they are entitled to.

Here are the key questions and answers.

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

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

These rules were introduced in 2006 and are known as EC261. They were designed to force airlines to take the right steps for their passengers. They set out the care and compensation you can expect if your flight is delayed or cancelled. After Brexit, the UK copied and pasted the same rules.

For many people, the most important right is the right to alternative transportation.

Whatever the reason for a cancellation and however much notice you give, the airline must get you to your destination as quickly as possible if that’s what you want. According to the UK Civil Aviation Authority (CAA), this means that if a flight is available on the day of your original travel, you must rebook your flight, even if it’s a competing airline.

The correct legal term is “rerouting, under comparable transport conditions, to the final destination as soon as possible”. The term “rerouting” is not very relevant, as it implies finding a different route to reach the destination. On a route like Manchester-Dublin or Barcelona-Gatwick, with a dozen flights a day on several airlines, there should be no need to change routes.

What happens if I am transported to another arrival airport?

This happens quite often and the airline must cover reasonable return travel costs. If you fly to Bristol instead of Gatwick, or Manchester instead of Birmingham, you can claim a refund for the return train ticket, but not the taxi ticket, unless there are several of you and the cost per person is cheaper than a train ticket, or it is in the middle of the night.

Does my replacement transportation have to be an airplane?

No. Sometimes a train (e.g. Eurostar from Amsterdam, Brussels or Paris to London) or even a rental car may be more suitable.

But the airline says they can only book me on one of their flights?

Unfortunately, I have heard this more than once during the current crisis: many passengers are waiting for days before taking their flight, instead of leaving at the latest the day after the cancellation. If you are told this, politely say that this is not the case and that you will book another means of transport and pick it up later.

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

If you are told you can only travel with us, try to get this in writing. This may make it easier to reclaim your expenses later. If the alternative travel is expensive (for example, only business class is available), you will need to be able to provide evidence, with screenshots of the flights offered at the time you tried to book.

Other options?

Yes. The first option is to take an alternative flight at a time that suits you in the future. This may well suit someone who is on a city break and was unable to make it but still wants to travel.

Imagine you were flying to Rome on Friday morning, but the outbound flight was cancelled and the next available flight was on Saturday evening; you might simply want to reschedule your flight for a later weekend. In such a case, the airline that cancels your flight may reasonably ask you to travel on one of its services.

The other option is a full refund, including any return leg if included on the same ticket. Do not accept a voucher unless it provides you with a benefit, for example a 25% increase in the value of the ticket, giving you future travel worth £500 for a £400 fare.

I had to spend the night here…

In its ‘Guidelines for Industry’, the CAA states: ‘Passengers whose flights are delayed and those waiting for alternative flights should be provided with meals, refreshments and hotel accommodation commensurate with the length of the delay.

“Particular attention should be paid to people who need special assistance and to passengers who are vulnerable or who need more practical assistance.”

This should include transportation between the airport and the accommodation. In practice, you may be told to “figure it out yourself.”

What if I have to find my own hotel?

You can get it back, as well as meals (but not alcohol). You must keep all your receipts, and these must be itemized rather than just a credit card receipt.

Do I receive cash compensation?

You are entitled to hundreds of pounds in compensation if the airline is responsible for the cancellation, i.e. if it cannot claim “extraordinary circumstances” to justify cancelling the flight. In the case of the IT outage, the CAA wrote to airlines saying: “Disruption directly caused by the global IT issue is likely to be considered “extraordinary circumstances”. Therefore, passengers are unlikely to be entitled to a lump sum compensation.”

But the CAA adds that its view does not prevent 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 (for example, a non-functional baggage system or a security issue), the airline cannot be held responsible.

Take the case of Tui, whose workforce was hurt by the failure of CrowdStrike. A lawyer could argue that the software chosen was under the company’s control. This could be the subject of a test trial – and if so, there will be enough publicity to allow other passengers to assert their rights.

In addition, the passenger has the right to obtain a clear explanation of the reasons for the cancellation. If, for example, it is a technical problem with the aircraft, this may give rise to a claim.

Initially, you should contact the airline directly, but if your complaint is rejected, you may want to consider a legal approach or alternative dispute resolution (ADR), which has the advantage of being free.

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

Yes, if your trip is cut short because you arrived a day or two late, you should get a proportional refund from the tour operator (the company that arranged your trip). But the company is allowed to deduct the value of the flight from the calculation.

For example, let’s say you paid £1,000 for a week’s holiday and lost two days of that holiday. The airline could claim that the flight was worth £300. Your compensation would then be based on a £700 holiday package and you would get £200 (two sevenths of that £700).

Some tour operators will automatically refund the value of the lost portion of the trip, others may have to claim it from you.

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

What happens if I travel from a country outside Europe with a non-UK/European airline?

These rules do not apply.