Following yesterday’s NATS technical issue, the CAA understands the difficulties passengers have experienced, and continue to experience today, due to delays and cancellations of some UK arriving and departing flights.
Passengers impacted by the disruption have entitlements under UK passenger rights legislation to care (e.g. meals, refreshments and accommodation proportionate to the wait) when flights are delayed, or when waiting for alternative flights. Passengers whose flights are cancelled will be entitled to replacement flights or a refund.
During periods of widespread disruption, airlines may not always be able to proactively offer passengers care and/or suitable alternative flights. Where this is the case, we expect airlines to promptly reimburse passengers for the costs they incur making their own arrangements.
While we recognise the adverse impacts that these delays and cancellations will have on passengers, our view is that the flight disruptions directly caused by this technical issue are likely to be considered “extraordinary circumstances” which could not have been avoided even if all reasonable measures had been taken by the airlines. This would mean airlines are not required to offer passengers fixed sum compensation for those flights.
Notes: The CAA’s interpretation of extraordinary circumstances is illustrative and for guidance only, rather than determinative of our view in any specific case that may arise. Each case will be context and fact specific. This does not mean that a passenger or group of passengers cannot try and claim compensation, including through the courts, if they disagree with the CAA’s interpretation.