Planes, Trains & Holiday Chaos: Know Your Rights Before the Festive Frenzy Take Off

Last December almost 11 million passengers jetted off from UK airports to visit loved ones, take in some winter sun or enjoy a winter sports trip. This year the regulator’s data suggest airports will be even busier.

The CAA has launched its ‘Know Before You Go’ campaign to remind passengers of their rights as well as tips on how not to fall foul of travel rules carrying Christmas and New Year gifts and party materials.

After a year in which a number of flight disruptions have been caused by bad weather, strikes and IT outages, the regulator is keen to remind passengers of their rights should their flight be disrupted, delayed or even cancelled.

If You are Flying This Christmas....

Pre-flight checks

Here are the tips from the CAA:

Credit Card Protection: Consider using a credit card to book your trip. This provides additional financial protection under Section 75 of the Consumer Credit Act.

Travel Insurance: Travel insurance can protect against missed flights, medical emergencies, and lost or stolen belongings. Carefully review the terms and conditions to understand your coverage.

Package Holiday Protection: If you've booked a package holiday, you have ATOL protection. This safeguards your money and ensures you're not stranded if your travel company ceases trading. Verify your ATOL protection status on the official website.

ATOL was introduced in 1973, as the popularity of overseas trips grew. The scheme is run by us at the UK Civil Aviation Authority (CAA). When you purchase an ATOL protected trip which includes a flight, you should be given an ATOL Certificate.

If your travel company becomes a failed ATOL holder when you are abroad, the CAA should help you to continue your trip by:

• Assisting you to stay in your holiday accommodation, if possible.

• Reimbursing you for any money you may have spent to replace ATOL protected parts of your trip, e.g. accommodation, car hire, transfers.

• Arranging flights home, depending on the circumstance.

This is one of the great protections offered by ATOL package holidays.

Passport Validity: Make sure your passport is valid! For some countries travellers need to have at least six months left on their passport. Any extra months on a passport issued more than 10 years ago may not count towards the six months needed. Check the specific requirements of your destination and renew your passport if needed.  

You may need a passport or photo ID even if you are flying within the UK (see below)

• Transit visas: If you are landing at an airport to join a connecting flight (not in your destination country), you may need an additional visa to transit through the airport in that country. This is not always an obvious thing to remember, so if your flight isn;t direct (there is a change/stop pover) - do check the rules.

• Travel to the USA: The United States require passengers to purchase an Electronic System for Travel Authorisation (ESTA) to enter the country. You can find out more from the ESTA website.

• Domestic flights: Some airlines accept photo driving licences and other forms of ID for domestic flights, but many don’t so check your airlines website when you book your flights. If you turn up with the wrong type of ID you will not be able to fly and you are unlikely to get your money back. This came as a bit of shock to me when i was asked at the gate once for my ID -although luckily I had my driving licence and they accepted that.

Baggage Allowance: Familiarise yourself with your airline's baggage allowance to avoid unexpected fees. Be aware of restrictions on liquids and prohibited items.

Packing Your Bags: There are restrictions on what items you can take onto aircraft for reasons of safety and security. Some items are not allowed in your hand baggage and some are not allowed anywhere on the aircraft. Some items need to have the approval of the airline before you can take them on board.

During your trip

Flight Delays: If your flight is delayed, the airline is responsible for looking after you. Under UK law, airlines must provide you with care and assistance if your flight is significantly delayed which means they should provide meals and accommodation if necessary. This means they must provide:

• A reasonable amount of food and drink (often provided in the form of vouchers)

• A means for you to communicate (often by refunding the cost of your calls)

• Accommodation, if you are re-routed the next day (usually in a nearby hotel)

• Transport to and from the accommodation (or your home, if you are able to return there)

In practice some airlines are better than others at hekping passengers and if there is a major delay, everything is likely to be chaotic. The CAA has this advice:

"Sometimes airlines are unable to arrange care and assistance for all passengers. This can happen when staff are stretched during major disruptions.

If this happens, in our view you have the right to organise reasonable care and assistance yourself, then claim the cost back later. If you end up paying for things yourself, keep every receipt and do not spend more than is reasonable. Airlines are unlikely to refund you for things like luxury hotels or alcohol. Some will provide guidance on reasonable costs.

We would expect the airline concerned to respond to a claim for reimbursement in a reasonable time and at the very least provide you with an indication of how long you should expect to wait for a response. If you are unhappy with the length of time it is taking or disagree with the airline’s decision regarding your claim, please see our section on how to make a complaint."

Flight Cancellations: In case of cancellation, the airline must offer you a refund or alternative travel arrangements. There is a comoplex set of rukes about how much you get, but you can see the details on the link above.

If your cancelled flight is covered by UK law, your airline must let you choose between two options:

1. Receive a refund

You can get your money back for all parts of the ticket you haven’t used.

2. Choose an alternative flight

If you still want to travel, your airline must find you an alternative flight. It’s up to you whether to fly as soon as possible after the cancelled flight, or at a later date that suits you.

Lost or Damaged Luggage: The airline is liable for lost or damaged luggage. You'll be compensated based on the value of your belongings. If your baggage is delayed and you are not home, you can claim reimbursement for essential items.

When hold luggage is lost, delayed or damaged airlines are liable for your losses. However, there are no rules which fix the amount of compensation you should receive. It will depend on the value of what you have lost and the maximum will be around £1000, however, it would be very rare for you to receive this much.

Most airlines will reimburse you for the bare essentials you need to buy when your bag is delayed. If you are away from home this may cover essential toiletries, underwear and laundry costs. If your bag is delayed on your return home, airlines may consider that your losses were less as you had clothes and other essentials available to you. Some airlines have a daily rate which they will pay per day your bag is delayed.

You must report the fact that your luggage has been lost, delayed or damaged at the airport and keep a copy of the Property Irregularity Report which staff of the airline will complete. To make a claim you must then contact the airline in writing:

Consequential losses

Airlines do not automatically consider themselves liable for the losses you incur following on from your bag being delayed unless forced to do so by a court. For example, if you miss the start of a cruise you were booked on because you had to wait 24 hours for your bag to arrive at the airport, this will not routinely be refunded. You would have to take legal action and ask a court to award this extra compensation if the airline refuses.

Special Assistance: If you require special assistance while traveling, inform your airline at least 48 hours before departure. Airports have assistance points to help passengers with reduced mobility.

Resolving issues

Complaints and Alternative Dispute Resolution (ADR): If you have a complaint about an airline, try resolving it directly with them first. If you're unhappy with their response, you can contact an ADR service. If the airline isn't signed up to an ADR, you can escalate your complaint to the CAA.

LETTING THE TRAIN TAKE THE STRAIN

Passengers are likely to be missing out on up to £100 million every year by not claiming for these disruptions, according to the MSE

If your train was cancelled due to the strikes, you can get a full refund, even if you have an advance ticket.

If your train is delayed due to the strikes, you can claim a partial or full refund depending on how long you were delayed and what type of ticket you have.

Grabbing a seat in 1st class if the train is busy: If your train is packed some might be tempted to move into 1st class as the only way of getting a seat. However, generally you can only do this if the train company allows it (so I'd wait for an announcement). If you sit in first class without permission, you might be charged a penalty.

What if a train cancellation means I can't get home: Passengers stranded because of circumstances which are within the control of a train company (see what that covers here) then the rules imply that the passenger should generally be taken to their destination, or provided with overnight accommodation, if the train company can reasonably help. It's always difficult to actually make a claim in practice - so be very careful if you are booking replacement travel yourself as it might not be compensated. In any case, always keep hold of receipts if you have to pay anything extra. I'd try and get the train/station staff to book you onward travel rather than booking it yourself - so you are not left out of pocket.

Delay Repay Schemes

The majority of train companies now run a Delay Repay system, which means you get compensation if the train is delayed upon arrival b y bwteeen 15-30 minutes.

The one time I tried to claim - I gave up as they didnt make it easy - but depending on whether you are more determined/patient than me, it can be worth claiming.

The amount of compensation may be calculated differently depending on how late you arrived at your destination, the cost of your ticket and the ticket type you have used. For example, if you have a Weekly Season Ticket, you won't get the same compensation as the one you would get if you had an Off-Peak Day Single or Return ticket.

Visit Trainline's help guide to claiming compensation for a delayed train for more information.

The Bare Minimum

Train companies have to operate by the National Rail Conditions of Travel, which detail train travellers' rights and where those rights may be restricted.

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