UK consultation on passenger rights

4 February 2022: The UK’s Department for Transport published on the 31 January an open consultation 'Reforming aviation consumer policy: protecting air passenger rights'. The proposals include changes to compensation for delays and cancellations, mandatory alternative dispute resolution for all airlines and new rules to make air travel more accessible. Feedback is open until 27 March 2022 (11:45pm GMT).

The UK’s Government is seeking views on whether claim compensation for delays and cancellations should be based on the length of flight delay and linked to cost of travel, rather than having to meet a certain threshold as it is the case in the EU261 framework. This new rule would apply only for UK domestic flights.

Thus, passengers may request compensation from the airline if their domestic UK flight is delayed as set out below:

• For a delay of more than 1 hour but less 2 hours, passengers are entitled to compensation of 25 per cent of their ticket price
• For a delay of more than 2 hours, but less than 3 hours, passengers are entitled to compensation of 50 per cent of their ticket price
• For delays of over 3 hours, passengers are entitled to compensation of 100 per cent of their ticket price

In addition, the UK’s Government is seeking views on whether package organisers should be able to make a claim for a full refund on behalf of the consumer, where a flight forming part of a package tour is cancelled by the operator. It also seeks to mandate all airlines to be part of the aviation ‘Alternative Dispute Resolution’ (ADR) scheme.

Concerning the rights of passengers with reduced mobility (PRMs), the UK Government is seeking views on whether reforms should be made to remove the need for a supplementary fee for special declarations for wheelchairs and accessibility equipment for domestic UK flights, as well as providing sufficient compensation for such equipment damaged during transit on a domestic UK flight.