Which? Legal

Advice on your complaint

You can speak to Which? Legal for affordable advice on your issue, and get help with making an effective claim.

Can I still claim back money if I didn't fly because of Brexit?

If the UK leaves the EU without a deal there could be potential disruption to flights around the date the UK leaves the EU and in the days following it, as the UK would not be part of the Common Aviation Area and would need to agree bilateral arrangements.

If flight disruption resulting from Brexit is regarded as an extraordinary circumstance, you won't be entitled to compensation or a refund on admin fees or accommodation losses, but you should try to get a refund on your ticket.

The government has advised you check with your travel insurer whether you would be covered for flight delays as a result of a no-deal Brexit.

If the withdrawal agreement is approved by the EU and UK, it's been agreed that consumer rights will remain unchanged until the terms of the future relationship between the UK and the EU are decided.

The post-Brexit transition period - also called the implementation period - is intended to smooth the path to a future permanent relationship, and will last from the date the UK leaves the EU to 31 December 2020.

We explain the key areas of consumer law that could be affected by no-deal Brexit and what you can expect.

You can also sign up for Brexit advice updates - Which? cuts through the noise to find the facts. Our practical and impartial consumer advice, rigorously researched and regularly delivered by email, can help you prepare for the UK leaving the EU.

Who do I escalate my complaint to?

If you booked a flight that either departed from Europe or was with a European airline, you're protected by the Denied Boarding Regulation - or EU Regulation 261/2004 - if your flight is delayed or cancelled.

You can use our free flight delay compensation tool to make a claim.

But if you've made a complaint to the airline and they haven't given you the money you think you're owed, you have the right to escalate it further.

The next step is to take it to one of the Alternative Dispute Resolution (ADR) firms that are responsible for dealing with complaints and enforcing payments.

Use our look-up guide below to see which ADR your airline is a member of.

What's an ADR scheme? 

Alternative dispute resolution (ADR) schemes are processes that enable you to resolve a dispute you’re having with a company without having to go to court.

Some ADR schemes are called ombudsman services. Our ADR guide explains the common types of ADR and when to use an ADR scheme in more detail.

My airline doesn't have an ADR

If your airline doesn't have an ADR, you'll need to complain to the Civil Aviation Authority (CAA).

Although the CAA doesn't have the power to enforce its rulings, it can advise the airline to pay you compensation and most of the time they do.

How do I complain?

  1. First take your complaint directly to the airline. Use our free letter template to request compensation make it easier.
  2. If you're not happy with the response or haven't had a response from the airline within eight weeks, you can take your complaint to the ADR scheme your airline is a member of.
  3. Use our look-up guide to find out who you need to contact.

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