Flights and airports How to make a claim and sample letters
How to claim compensation for cancelled flights
If your flight is cancelled, take action as soon as possible. Check how much compensation you're due for flight cancellation and then complete this letter. Send it to your airline with all necessary receipts and be sure to keep copies of everything.
Dear Sir/Madam,
[Reference: flight number]
I am writing to you in connection with the above flight which I was booked onto on [date].
[Either: The flight was supposed to depart from [departure airport] at [time], but was cancelled. Under EU Denied Boarding Regulation 261/2004, I opted to take the re-routing option.
I am entitled to the sum of € [see table on the flight cancellations page] compensation and look forward to receiving the sterling equivalent within the next 14 days. I attach a copy of the ticket.]
[Or: The flight was supposed to depart from [departure airport] at [time], but was delayed by over [number] hours.
Under the EU Denied Boarding Regulation 261/2004, I am entitled to the sum of € [see table on the flight delays page] compensation and look forward to receiving the sterling equivalent within the next 14 days. I attach a copy of the ticket.]
Yours sincerely,
Taking the dispute further if the airline won't pay
If the airline won't pay what you are entitled to you could take the dispute to the Civil Aviation Authority, to court or, alternatively, you could claim compensation from your credit card issuer. To do this you need to fulfil all of the following criteria:
- You paid at least part of the cost on a credit card
- Your flights cost more than £100 but less than £30,000
- The contract you have with the airline states that, where appropriate, the airline will compensate you in accordance with European regulations
If the card issuer refuses to pay, and you exhaust its internal complaints procedure, then refer the dispute to the Financial Ombudsman Service.
Claiming under the Consumer Credit Act
If you paid for your flight using a credit card, even if it was just for the deposit, and the total value of the ticket was over £100, you should also be able to make a claim under Section 75 of the Consumer Credit Act 1974. Use the following template letter, but only if the airline has already refused to pay.
[Your address]
[Credit card company's address]
Dear Sir/Madam,
Claim under Section 75 of the Consumer Credit Act –
failure of airline to comply with (EC) Regulation 261/2004
I am writing to you in connection with flight [insert flight number] which I [together with my partner/mother/father/children] was due to travel to [insert destination] with on [date].
These tickets were all purchased using my [insert supplier name] credit card and the total cost of each ticket was £[insert details]. [You should identify each of the family members on whose behalf you are writing.]
The flight was supposed to depart from [departure airport] at [time], but was cancelled as a result of [insert reason]. Under (EC) Regulation 261/2004, [I/we] opted to take the re-routing option and [my/our] rearranged flight departed from [departure airport] at [time
Under the (EC) Regulation 261/2004, [I am/we are] entitled to:
- free meals and refreshments appropriate to the delay;
- free hotel accommodation for each night between the original and rearranged departure time; and
- free transfers between the airport and the hotel I used during the additional stay.
However, as a result of my flight being cancelled, [I/we] incurred the following additional costs, as evidenced by the attached receipts:
- for meals and refreshments: £[insert total amount], comprised of:
[insert details, eg, breakfast for 2 adults and 2 children at overnight hotel on [date] at a total cost of £[…]
- for hotel accommodation: £[insert total amount], comprised of: [insert details]
- for hotel transfers: £[insert total amount]; comprised of: [insert details]
I’ve tried to resolve this dispute with [my/our] airline, but they have not refunded my expenses as they are required to do pursuant to Articles 5 and 9(1)(b) of (EC) Regulation 261/2004 and under [my/our] contract with them. I understand that under section 75 of the Consumer Credit Act 1974, you are jointly and severally liable for their breach of contract.
As I paid for [my/our] flights using my credit card, I hold you liable for this breach of contract and so I am writing to request that the above amounts be refunded. I look forward to your prompt response. For convenience, I attach a copy of [my/our] tickets.
Yours sincerely,
Claiming under the Visa Chargeback Scheme rules
This is a good option if you paid by Visa debit card, rather than a credit card. Chargeback isn't enshrined in law, unlike section 75 of the Consumer Credit Act – but the Financial Ombudsman Service (FOS) has deemed that allowing chargeback is 'good practice' as it is widely accepted by the banking industry. If you encounter difficulties making a claim, you can refer your case to the FOS within six months of your final contact with the bank. Use recorded delivery to send the letter to the airline.
[Your address]
[Visa debit card company address]
Dear [customer services manager's name],
Claim under Visa Chargeback Scheme rules –
failure of airline to comply with EU Denied Boarding Regulation 261/2004
I am writing to you in connection with flight [insert details] which I [together with my wife/husband/partner/mother/father/children] was due to travel to [insert destination] on [date]. These tickets were all purchased using my [insert supplier name] Visa debit card and the total cost of each ticket was £[insert details]. [You should identify each of the family members on whose behalf you are writing.]
The flight was supposed to depart from [departure airport] at [time], but was cancelled as a result of [Insert reason]. Under (EC) Regulation 261/2004, [I/we] opted to take the re-routing option and [my/our] rearranged flight departed from [departure airport] at [time].
Under the (EC) Regulation 261/2004 , [I am][we are] entitled to:
- free meals and refreshments appropriate to the delay;
- free hotel accommodation for each night between the original and rearranged departure time; and
- free transfers between the airport and the hotel I used during the additional stay
However, as a result of my flight being cancelled, [I/we] incurred the following additional costs, as evidenced by the attached receipts:
- for meals and refreshments: £[insert total amount], comprised of:
[insert details eg. breakfast for 2 adults and 2 children at overnight hotel on [date] at a total cost of £[…];
- for hotel accommodation: £[insert total amount], comprised of: [insert details]
- for hotel transfers: £[insert total amount]; comprised of: [insert details]
I’ve tried to resolve this dispute with [my/our] airline, but they have not refunded my expenses as they are required to do pursuant to Articles 5 and 9(1)(b) of (EC) Regulation 261/2004 and under [my/our] contract with them. I understand that under the Visa Chargeback Scheme Rules, you will reimburse me as a result of their breach of contract.
As I paid for [my/our] flights using my Visa debit card and [my/our] scheduled return flight was less than 120 days ago, I am writing to request a refund of the above amounts under the Chargeback Scheme rules. I look forward to your prompt response. For convenience, I attach a copy of [my/our] tickets.
Yours sincerely,
Going to court
If you still get unsatisfactory results, you can consider taking action against the airline through the small claims court. If you paid on a credit card, you can join the card company as a second defendant to the claim.
Before starting court action you must have made every attempt to resolve the dispute without the need for court intervention. This is now a requirement of the Civil Procedure Pre-Action Protocol. If you are unable to reach a settlement with the airline, you should send a 'letter before action' to the airline's registered office address, including the following information:
- Restate your claim and make the point that they have failed to pay the compensation you are entitled to
- Warn them that they have 14 days to settle or court action will follow
Make a duplicate copy for your records, and use recorded delivery to send the letter to the airline.
What to put in your claim
Outline the legal basis for your claim. You might say, for example, that the airline was in breach of the Regulation (EC) No 261/2004 by failing to provide the assistance/compensation due.
Detail the amount of your claim, explaining how you reached the figure. You can also claim interest at the rate of 8%.
Which? Legal Service is also able to offer advice on flight problems.