Gatwick Airport drones: How to claim compensation on delayed or cancelled flights

Scores of flights have been cancelled at London Gatwick - ekaterinapokrovsky.com (ekaterinapokrovsky.com (Photographer) - [None]
Scores of flights have been cancelled at London Gatwick - ekaterinapokrovsky.com (ekaterinapokrovsky.com (Photographer) - [None]

Hundreds of thousands of travellers have had the start of their Christmas holidays disrupted after drones spotted above London Gatwick forced the grounding of scores of planes.

The airport reopened on Friday morning, but passengers were advised not to travel without checking the status of their flight first. Gatwick has warned the disruption could last several days.

The West Sussex airport said: “Gatwick's runway is currently available and a limited number of aircraft are scheduled for departure and arrival.

"Gatwick continues to advise passengers to check the status of their flight with their airline before travelling to the airport as departures and arrivals will be subject to delays and cancellations."

In addition to those with cancelled flights at Gatwick, hundreds more passengers have been scattered across the UK after arriving planes were forced to divert on Thursday. 

According to data from Skyscanner, the flight search website, today is the second busiest day for festive travel behind only the December 22.

How long will the disruption last?

Certainly well into the weekend. Gatwick has a backlog of scores of flights and thousands of passengers to deal with, as well as those booked to fly today and over one of the busiest weekends of the year.

The majority of flights on the departure display at Gatwick, spanning dozens of airlines, remain cancelled while others are delayed. Check for your flight here

EasyJet, whose largest base in Europe is Gatwick, said: “We do expect that the number of departures and landings will be restricted to begin with, which means that we are likely to experience more disruption to the flying programme. We would like to request our passengers to continue to check the status of their flight on the easyJet flight tracker.”

British Airways said: “We are operating flights to and from London Gatwick today, however, we expect there will be some continued disruption from Thursday’s closure. Please check the status of your flight before leaving for the airport.”

A BA flight from Kingston diverted away from London Gatwick after holding - Credit: flightradar24.com
A BA flight from Kingston diverted away from London Gatwick on Thursday after holding Credit: flightradar24.com

Am I eligible for compensation?

Yes and no. First and foremost, you are entitled to care under EU Regulation 261/2004. Airlines must provide delayed passengers with food and drink appropriate to the time of day (this is often in the form of a voucher) and a means of communicating your situation or a refund of the cost of essential calls.

For overnight delays, the airline must provide hotel accommodation and transport to reach it - or to return home. When there’s a major disruption, airline staff may not be able to assist in booking hotels. In such cases, you should make your own arrangements and claim the cost back. But don’t expect a full refund for an expensive hotel unless there’s no alternative. Supporting receipts are essential.

Unfortunately, as the airport closure was an “extraordinary circumstance”, as defined by EU law, and beyond the control of any airline, they are not bound by law to pay compensation that would otherwise be due for flight delays.

Coby Benson, a flight delay compensation solicitor at Bott and Co, said: “The airport was closed due to a decision by air traffic control to suspend flights. As matters stand, any air traffic management decision is deemed to be an extraordinary circumstance under EU Regulation 261 and therefore passengers cannot claim compensation.”

The Civil Aviation Authority, the body in charge of the UK skies, has issued guidance and advice to passengers affected by the disruption. See here for more information

What if my flight was cancelled?

If your flight has been cancelled outright, you are entitled to a refund of the cost of the flight or to be rebooked on another.

When a flight with an EU airline or from an EU airport is cancelled at the last minute, the airline must also pay for a hotel if an overnight stay is required and subsistence for all those stranded until a replacement flight is provided. Similar rules and amounts for compensation apply as for delays and there are particular conditions and variations depending on how the circumstances (see caa.co.uk/consumers).

Anyone whose flight was part of a package holiday should be looked after by their tour operator, which is duty-bound to rearrange the flight. 

What has EasyJet said?

The airline says that anyone due to fly today should arrive at the airport for their original departure time “as check-in and bag drop times will not be extended”, but advises checking its Flight Tracker service before travelling to the airport.

It says, however, not to travel to the airport if a flight has been cancelled but says instead to “transfer their flights free of charge or take a refund” by managing their booking on the EasyJet website.

It adds: “If overnight accommodation is required, customers can book this via Flight Tracker.”

It confirms that customers “will be entitled to claim for some expenses” but will not be due compensation under EU regulations.

What has BA said?

"We are offering customers due to travel on Friday December 21 to or from London Gatwick a range of rebook and refund options,” the airline said on its website this morning.

Please log in to your booking for the latest information and options on your flights. If your flight has been cancelled, you will be able to choose an alternative flight or claim a refund. If your flight still shows as operating and you'd like to change your travel plans, please contact us.”

It says that passengers are able to claim for any expenses incurred due to delays or cancellations.

What has Norwegian said?

"London Gatwick airport is open," the airline said on its website. "Due to the airport closure and the impact this has had on all operations, we are anticipating further disruptions to our flights in and out of London Gatwick.
 
"We urge you to check our flight status page on our website for the latest updates before travelling to the airport. If your flight has been cancelled or significantly delayed, you can choose to rebook or receive a refund."

What has Thomas Cook said?

The airline said it would post an update soon, but its guidance yesterday was for customers to check in as usual. 

Can my travel insurance help?

It is unlikely, given the extraordinary circumstances surrounding the disruption, but it is worth checking with your insurer. Again, keep any receipts for future claims.