Check the small print for delay payouts

Simon Calder10 April 2012

Our charter flight from Cyprus, which was supposed to take off just after midnight, was delayed by

Probably not, from the airline at least. The EU rules on passenger rights make a clear distinction between flights that are cancelled (because, for example, of mechanical problems) and those that are delayed.

Cancellations - if you can demonstrate it was the airline's responsibility - attract cash compensation starting at 250 per passenger.

Delays do not, although some judges have ruled that a flight operating just three hours late constitutes a cancellation; the European Court of Justice is trying to sort this one out, and meanwhile similar cases are "stayed" - i.e. they will not be considered until the precise legal position is decided.

Whatever the cause of a delay, though, the airline has a duty of care: providing meals and accommodation as appropriate. It looks as though the airline did reasonably well in finding you a hotel at short notice. Your travel insurance may give you a lump sum payment for a delay of more than 12 hours. Check the small print.

Email your travel queries to simon.calder@standard.co.uk

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