Christmas 2011 Christmas travel rights

Travelling by car, plane or train for your Christmas get-away? Do you know what your rights are should you encounter cancellations or delays and what you should be aware of if hiring a car for the Christmas season?

The Denied Boarding Regulation gives you legal protection

Delayed Christmas flights

If your flight is delayed, the European Denied Boarding Regulation says that the airline has an obligation to offer you assistance. Your legal position depends on where you are flying to and from and the length of the delay. Find out when you are covered under the Denied Boarding Regulation.

What you're entitled to:

• Two free phone calls, faxes or e-mails.
• Free meals and refreshments appropriate to the delay.
• Free hotel accommodation and hotel transfers if an overnight stay is required.
• You can choose not to travel and get a refund of your ticket cost if the delay lasts for five hours or more (but the flight is not cancelled).

When you're entitled to it:

• When a flights less than 932 miles (for example, London to Venice) is delayed for at least two hours.
• When a flight within the EU that is more than 932 miles (for example, London to Athens) is delayed for at least three hours.
• When a flight that isn't within the EU but is between 932 and 2,174 miles is delayed for at least three hours.
• When any other flight is delayed for at least four hours.

If your flight is delayed by more than five hours, the airline has to offer you the choice of a full refund or a flight back to your original departure point. Be aware, if you accept a refund, from that point your airline no longer has to look after you.

Snow has grounded flights in recent years

Cancelled Christmas flights

While you are waiting to find out if your flight has been cancelled, you should be offered the same assistance as for delayed flights above. 

If your airline has confirmed your flight is cancelled before you get to the airport, do not travel to the airport.

If you find out your flight has been cancelled you should be offered a choice of:

• A refund within seven days of the full cost of the flight (if your flight wasn't direct and was cancelled part-way through, you are entitled to a flight back to your original point of departure and to be refunded in full).
• Re-routing to your final destination at the earliest opportunity.
• Re-routing to your final destination at a later date convenient to you.

Travel insurance for winter

Snow, Icelandic volcanoes, civil unrest and strikes are just some of the problems that have given travellers headaches in recent times - not least because it isn't immediately apparent whether your insurer will cover you if you have to cancel or cut short your holiday.

Find out which travel insurance companies will cover you for six major unexpected events.

You may be entitled to compensation if your train is delayed

Train travel rights

As each train company has a different set of rules, it can be confusing to work out what you might be entitled to should your train be delayed. The principles are:

• If your train was delayed and you chose not to travel, you need to apply for a refund for your ticket.
• If your train was delayed but you decided to travel anyway, or if your train was delayed after you set off,  you may be entitled to compensation – find out how much with our train delay tool.
• In the case of bad weather, Network Rail and the train companies have to agree that the weather is exceptionally severe. If the weather is deemed 'exceptionally severe', the theory is that train companies don't have to compensate you.
• The conditions also say that companies 'will consider additional claims in exceptional circumstances' – so it could well be worth making a claim for compensation anyway.

Take out separate insurance for your hire car

Christmas car hire

Hiring a car to help Santa with his present rounds? If your car hire company has high excess charges and you don't want to take out their top-up insurance, you may be better off taking out a separate policy for the extra cover. Check that the policy covers you for all areas of the car, including its tyres and windscreen.

The car hire market is not regulated, but consumers have two forms of alternative routes of protection:

• If you spend more than £100 on hire car using a credit card, section 75 of the Consumer Credit Act can be used to claim back any disputed cash.
• If the car is hired as part of a holiday package and you encounter problems, then you may be able to claim through the Association of British Travel Agents.

More on this…

• Travel insurance for winter trips
• Download our free consumer rights iPhone app

• Need tailored advice for your travel situation? Contact Which? Legal Service