Thousands of Brits to be refused compensation after air traffic misery

Tens of thousands of Brits could be refused compensation after air traffic misery as airlines could argue delays were ‘out of their control’ – as holidaymakers are warned not to travel with chaos set to last for DAYS

• UK air traffic control LIVE: Follow for latest updates after airspace failure 
• Are you affected by the UK air traffic control shutdown? Email your story, with photos, to [email protected]

Tens of thousands of Brits could be refused compensation after yesterday’s air traffic misery, with airlines expected to argue that the delays were ‘out of their control’.

Holidaymakers have been warned not to travel where possible with the chaos set to continue into the week, despite the seven-hour ‘network failure’ that left passengers stranded being ‘remedied’ on Monday afternoon.

Almost 1,000 flights were grounded and cancelled with several more delayed after Britain’s National Air Traffic Services (NATS) said it experienced ‘technical issues’. The mayhem happened on one of the busiest days of the year, when more than a million people were due to fly out of or land in the UK.

Despite the widespread disruption, however, compensation is unlikely to be offered to those affected because air traffic control faults are classified as ‘extraordinary circumstances’.

Transport Secretary Mark Harper confirmed airlines have a responsibility to get people back on a flight home or pay for them to be accommodated, but didn’t say that carriers would need to reimburse them further for the disruption.

He told GB News: ‘First of all, I just want to reiterate what the National Air Traffic Services said yesterday, to apologise obviously for the disruption that everyone’s had yesterday.

‘The system was fixed yesterday afternoon and things are getting back to normal but there’s obviously some disruption that’s going to continue today for people, and I know thousands of people have been impacted.

‘Airlines will be stepping up, I hope, to their responsibilities to make sure that they get people back home, get them on an alternative flight and deal with food and drink and accommodation in the meantime.’

Mr Harper added that the Government does not believe the disruption was caused by a cybersecurity incident, but there will be an independent review.

*Are you affected by the UK air traffic control shutdown? Email your story, with photos, to [email protected] 

Passengers at Heathrow this morning following the air traffic chaos on Monday

Fed-up passengers sit down at wait at Heathrow amid reports that disruption could continue into the week

Passengers look at information boards at Heathrow amid ongoing flight disruption

An information board reveals the extent of the cancelled flights as a result of the chaos

Tourists wait at the airport of Palma for their return flight to Italy amid the chaos

‘This was a technical fault. We do not think this was a cybersecurity incident,’ he said.

‘And what will happen now with an incident of this magnitude is there will be an independent review.

‘The Civil Aviation Authority will be putting together a report in the coming days, which obviously I will take a look at to see whether there are lessons to learn for the future, to see whether we can reduce the impact of this again.

‘It’s nearly a decade since there was a significant issue like this. We want to make sure it doesn’t happen again, because of all the disruption that’s been caused to passengers across the country.’

Meanwhile, a rail operator is offering free train travel to people whose flights have been moved or diverted to a different airport.

A spokesperson said:  ‘LNER is offering free Standard Class travel for those affected and for anyone whose flight back to the UK has resulted in them landing at a different airport, or who is travelling on a different date than originally planned, meaning their journey home will involve a trip along the LNER route.

‘Customers will be asked to present their airline ticket or boarding pass to make use of this offer, which will run across the 28th and 29th of August 2023.’

In an extraordinary twist to the fiasco last night, sources told The Times that the fault may have been caused by an incorrectly filed plan by a French airline. MailOnline has contacted NATS for comment.

Passengers have been warned that they could face ‘days of disruptions’, which could last until Friday. An easyJet pilot told passengers he had never seen a failure on this scale in 20 years of flying.

It’s understood officials are aware of what caused the outage but not how it disabled the system.

Officials are probing whether a single badly filed travel plan by a French airline was behind today’s air traffic control meltdown which resulted in thousands of cancelled flights during the worst outage in more than a decade. Pictured: Chaos at Gatwick Airport

Frustrated passengers on board a flight leaving Lanzarote for Newcastle – one of many that has been hit by today’s disruption 

The majority (78%) of flights leaving Heathrow are currently delayed, according to Flight Radar data from 1.45pm, compared to 74% at Gatwick, 81% at Manchester and 86% at Bristol

Beth McKendrick, 26, (left) and bride-to-be Elizabeth Spadea, 25, are currently stuck in Palma airport after spending time in the Spanish city for a hen do 

Passenger Eric Parzianello is on a Delta flight from Amsterdam to Detroit, which has been delayed by the air traffic control outage 

A long queue of passengers queueing outside the terminal in Mallorca following today’s air traffic control outage 

TV presenter Gabby Logan said she has been left stranded on the runway at Budapest Airport 

Cirium reported that more than 500 flights were cancelled by mid-afternoon, with hundreds more also aborted from knock-on effects. 

The data analysts also said that 3,054 flights were due to arrive into UK airports on Monday, which is around 543,000 seats. Another 3,049 flights (540,000 seats), were due to depart, meaning more than a million people were set to leave or arrive in the UK. 

It follows a ‘huge failure’ of the national air traffic control system which caused chaos on the August Bank Holiday Monday.

Britain’s National Air Traffic Services (NATS) said it experienced ‘technical issues’ that forced controllers to switch from an automatic system for landing and dispatching flights to a manual one. 

‘Flight plans are being input manually which means we cannot process them at the same volume, hence we have applied traffic flow restrictions,’ NATS said. A spokesman told MailOnline there was ‘nothing to suggest a cyber attack’. 

NATS said at 3.15pm it had ‘identified and remedied’ the technical issue affecting air traffic control systems and is working with airlines and airports to support the flights affected. 

Transport Secretary Mark Harper said that despite the technical issue being resolved ‘flights are still unfortunately affected’.

He tweeted that he would ‘encourage all passengers to read the UK Civil Aviation Authority’s guidance & be aware of their rights when flights are delayed or cancelled’.

Home Secretary Suella Braverman told passengers to contact airlines if they needed more information. 

Former pilot Alastair Rosenschein told BBC Radio 5 Live that what was happening in UK air space is equivalent to what it would be like on the ground ‘if every road was closed’. 

At 1.45pm, the majority (78%) of flights leaving Heathrow were delayed, according to Flight Radar data, compared to 74% at Gatwick, 81% at Manchester and 86% at Bristol. 

Heathrow has urged passengers only to travel to the airport if flights are ‘confirmed to be operating’, adding: ‘Schedules still remain significantly disrupted.’ Delays at 11pm tonight were down to 59 per cent at Europe’s busiest airport.

Queues begin to build up at Manchester Airport after the UK’s air traffic control system suffered a major outage 

Passengers are set to face long delays. Disruption may continue for days. Pictured are travellers queuing at Manchester Airport 

A passenger sleeping on the floor of Stansted Airport this afternoon  

Paul Charles, the chief executive of the PC Agency, a travel consultancy, told the Daily Telegraph: ‘This six-hour outage will impact flights for five days. The reason for that is that you have so many planes and crews that are out of position’.

He added that this combiend with the higher volume of pepole travelling at the moment, with numbers ‘approaching pre-pandemic levels’, will result in a five-day disruption.

A senior airline executive told the newspaper that disruption will be seen for ‘at least a couple of days’ but the knock-on effect could be longer for some airlines. They said that another weekend may have been more manageable, but the timing was ‘terrible’. They added that passengers are going to ‘have to grin and bear it’. 

Under UK law, those affected have legal rights which oblige the airlines to provide support to customers flying from a UK airport, arriving in the country on an EU or UK airline, or arriving at an EU airport on a UK airline.

The Civil Aviation Authority (CAA) website says that in the case of a ‘significant delay’, the airline must provide a reasonable amount of food and drink, commonly in the form of vouchers, refunds for the cost of calls, and accommodation for passengers stuck overnight and transport to a hotel or their home.

The CAA accepts airlines are sometimes unable to organise such support, so passengers should make their own ‘reasonable’ arrangements and keep receipts to claim money back, but the authority adds that ‘luxury hotels and alcohol’ are unlikely to be paid for.

The authority adds that once a passenger accepts a refund or to travel later than the first available flight, then the airline is not obliged to provide food, drink or accommodation.

Britons returning from Tenerife told MailOnline they had been told to expect a wait of at least 12 hours.

Michele Robson, who used to work in air traffic control, said that it was ‘unusual’ for failures to last this long. As a result, ‘nobody really knows at this point how long it’s going to take,’ she told BBC Radio 4. 

Ms Robson told the World at One programme: ‘There was a flight planning system failure this morning which affected both centres in the UK.’

Speaking from Jersey Airport while waiting to fly to London, she said: ‘Now they have enough data for four hours for controllers to work normally. After that point, they have to go manual which means that they work at a much slower rate so they can handle far less aircraft.

Thirsty passengers at Malaga Airport were met with the sad site of empty beer taps, according to this photo shared by DJ Jordan North 

Passengers on the UK-bound plane from Malaga that was left stranded on the runway today 

British Airways planes at Heathrow today. The airline said in a statement: ‘We are working closely with NATS to understand the impact of a technical issue that is affecting UK airspace and will keep our customers up to date with the latest information’ 

Passengers queueing up at Heathrow this afternoon. Passengers have been advised to turn up for their flights unless they hear otherwise 

‘So it looks like there’s been what they would call a zero rate put on, where it means that no aircraft can take off inbound to the UK or probably outbound. It would generally be them trying to land things that were already in the air.

‘So at the moment, we’re just sitting here with no definite takeoff time.’

Contagion from the issue has already spread across Europe, causing delays for some flights leaving the Continent for the USA. 

TV presenter Gabby Logan said she has been left stranded on the runway at Budapest Airport while returning from the World Athletics Championships. She wrote: ‘After almost 3 weeks away from home I am hours from hugging my family. And have just been told UK airspace is shut. We could be here for 12 hours. So we sit on the plane and wait.’ 

The Liberal Democrats called on the Prime Minister to convene a Cobra meeting over the issue 

Transport spokesperson Wera Hobhouse said: ‘Rishi Sunak and his ministers need to get a grip on this issue urgently and hold a Cobra meeting.

‘Millions of holidaymakers could be facing huge disruption in the coming days due to this fault and we can’t risk this Government being missing in action yet again.

‘Brits need to know that the Government is doing all it can to make sure people aren’t hit with major delays and disruptions in the coming days.’

READ MORE – Terrifying footage from plane flying through Mallorca storm shows passengers screaming and crying as extreme turbulence causes some to vomit 

Travel expert Simon Calder warned the situation would be ‘miserable’. 

‘There is very little slack in the system and there are hundreds of planes up in the sky heading to the UK,’ he told Sky News. 

‘What’s going to happen to those aircraft, will some of them get down if they are in the vicinity of the airfield. 

‘Otherwise you will see planes held on the ground in places like Amsterdam or otherwise being diverted if they’re on a longer flight. That would typically be to a continental airport or an Irish airport.’ 

Mr Calder said the shutdown would not cause safety issues because the system was ‘designed to cope’ with a shutdown and aircraft carried contingency fuel. 

But he added: ‘This is of course one of the busiest days of the year. There are hundreds of thousands of people flying into the UK, frankly this is the last thing anyone needs. 

‘It will at the very least have caused enough disruption for the system to be in disarray for certainly until the end of the day and possibly for a few further days ahead.’

The travel guru said air traffic controllers at Heathrow – the UK’s busiest airport – be forced to reduce the frequency at which flights are able to land.  

He explained: ‘Normally you have flights landing typically every 90 seconds or so. They can switch away from the digital system and become much more analogue, bringing the aircraft in more manually. However, you are not going to be able to do it at the same rate. 

‘For Heathrow and Gatwick in particular there is so little slack in the system that it can cause problems. If you’re reducing the flow rate coming in and keeping aircraft on the ground at those airports it will be a very difficult afternoon.’ 

At Stansted, Ryanair passengers said they had been told to wait at their gate until further notice.

David and Wendy Hewitt from Leigh-on-Sea, and Kevin and Debby Judd from Billericay are returning from their holiday in Fuertaventura

Simon Cullen said he is currently squashed in ‘like sardines’ on a British Airways flight at Thessaloniki in Greece 

One passenger, Danni – who is travelling back to the UK from Lanzarote – told MailOnline she had been told to expect a delay of at least 10 hours. This is a photo she took from her window 

A photo taken by a passenger from the window of a plane stranded at Palma Airport

Today is one of the busiest days for air travel of the year, making the ‘huge network failure’ all the more disruptive. This is a map showing flights currently in the air across Europe 

Beth McKendrick, 26, is currently sitting on the floor of Palma airport with bride-to-be Elizabeth Spadea, 25, having been at the Spanish city for a hen do. 

UK airspace system failure: What are your rights and can you claim compensation back? 

By Jessica Hamilton

UK airspace has been hit by a network-wide failure for air traffic control systems on one of the busiest travel days of the year. 

The system failure is expected to cause disruption for the rest of the day, as the UK will see flights delayed and cancelled, with the mayhem spreading around Europe.  

As the chaos continues, many will be wondering if they can claim compensation. But what are your rights? Read on to find out.

Can I claim compensation? 

If you’re flight is delayed, your airline should offer you support and, according to Citizens Advice, you may be able to claim compensation if your flight was:

• Leaving from the UK (regardless of the airline) 
• Leaving from the EU, Iceland, Norway or Switzerland (regardless of the airline)
• Arriving in the UK and was with a UK or EU airline 
• Arriving in the EU and was with a UK airline 

If you’re on a non-UK flight which connects to a UK flight, you can usually receive compensation if you booked both flights as a single booking, if the delay was the airline’s fault and if you’re delayed for more than 12 hours.  

If your flight is delayed, your airline has to offer food and drink, access to phone calls and emails and accommodation if you’re delayed overnight, as well as journeys between the airport and hotel. 

However, you’re unlikely to get compensation if the delay was because of something outside the airline’s control.

According to EU Regulation EC 261/2004, disruptions caused by things like extreme weather, airport or air traffic control employee strikes or other ‘extraordinary circumstances’ are not eligible for compensation.

How much could I be entitled to? 

In cases where the airline is at fault for a delay, passengers could receive the following compensation. 

• 3 hours or more, less than 1,500km: £220
• 3 hours or more, between 1,500 and 3,500km: £350
• 4 hours or more, more than 3500km: £520
• Less than 4 hours, more than 3,500km £260 

If your flight is delayed for 5 hours or more you can claim £520 in compensation if the delay is the airline’s fault and you take flight. 

If you don’t take the flight and the airline is at fault, they should give you a full refund for the flight and any other flights from the same airline that you won’t use. 

If you are part-way through your journey, they should fund a flight back to the airport you originally departed from. 

Alternatively, if your flight is cancelled you may be entitled to a full refund or a replacement flight. 

How can I claim? 

To claim compensation, you will have to go through the relevant airline directly. 

Most airlines will have a customer services department which will deal with urgent matters, such as flight delays. 

In cases where the delay is not the airline’s fault, the Civil Aviation Authority says ‘don’t expect to receive any compensation.’

However, you may be able to make a claim on your travel insurance, as some insurance policies may offer limited cover for delays, according to the Money Saving Expert website. 

But be sure to gather evidence of the costs you’ve incurred, such as hotels or alternative transport.  

If you need further help, you can contact the Civil Aviation Authority and Citizens Advice for assistance.  

 

 

She is trying to get back to Stansted and has described the situation as a ‘hen do from hell’. 

‘When we attempted to jet-set back to the UK, we found ourselves smack dab in the middle of an aviation nightmare,’ she told MailOnline. 

‘The entire air traffic control system in the UK has decided to take an unexpected bank holiday, leaving us stranded delayed for days on end. You might be thinking, ‘Surely, Ryanair saved the day!’ Think again. Not a peep of communication, let alone compensation, from the airline. Classic.’

Other Brits trapped abroad include Melissa Littlewood, who was due to be flying back to London after a family holiday at Disneyland. 

She said: ‘We are on our way back to London from Disneyland and have just learnt we have a minimum of seven hour delay.

‘Waiting to speak to someone from BA [British Airways] to find out what options we have but won’t hold out breath.

‘Two tired and unhappy children with two adults not sure what to do next.’

One passenger, Danni – who is travelling back to the UK from Lanzarote – told MailOnline she had been told to expect a delay of at least 10 hours. 

Simon Cullen is currently sitting on a BA plane waiting to get home and described his situation as a ‘true nightmare’. 

He said: ‘All sitting on the plane waiting to get home. Also one passenger with a nut allergy onboard who is on and off the plane and freaking out the passengers.

‘No idea what’s going on apart from what we see on the news. Also BA business class is terrible with no room at all. Have a leg injury and we are squashed in like sardines.

‘Will never fly with them again and this is now turning out to be a true nightmare and we hope we get home to the UK.’

Passenger Eric Parzianello is on a Delta flight from Amsterdam to Detroit, which has been delayed by the air traffic control outage 

Matthew Tully is stuck at Heathrow waiting on a flight to New York. 

‘They just announced everything is delayed with no time for possible takeoff,’ he said.

Others have complained of having no air-conditioning at some airports abroad with the searing heat making it even more uncomfortable.

Mark Leah said: ‘Delayed 4 hours (hopefully not longer), stuck in a holding area to aircraft with no aircon at Porto Santo airport.

‘Just told the LGW flight which departed at 1055am is returning.’

Meanwhile, Rob Miall has boarded a TUI flight from Split Croatia to Manchester.

‘Just been told to wait on board for at least an hour,’ he said. ‘It’s getting very hot on here.’

Vladi Ibberson is currently stuck at Sofia airport in Bulgaria. 

‘Two flights for the UK (Gatwick and Luton) are stuck with no information and 37C heat. Wish us luck.’

Susan Gilchrist is currently at Faro airport and said: ‘We were due to take off at 11.25am and sat at the gate for 40 mins, but have now been moved to a remote location.

‘We’ve had no update from this side but a friend is on an easy jet flight also at Faro and has been told to expect a six hour delay.’

News of the shutdown was leaked out by the Scottish airline Loganair, which shared the news on Twitter. 

Loganair tweeted: ‘There has been a network-wide failure of UK air traffic control computer systems this morning.

‘Although we are hopeful of being able to operate most intra-Scotland flights on the basis of local coordination and with a minimum of disruption, north-south and international flights may be subject to delays.

‘If you are flying with us today, please check our website for the latest information about your flight before setting off for the airport.’ 

British Airways said in a statement: ‘We are working closely with NATS to understand the impact of a technical issue that is affecting UK airspace and will keep our customers up to date with the latest information.’

NATS said: ‘We are currently experiencing a technical issue and have applied traffic flow restrictions to maintain safety. Engineers are working to find and fix the fault. 

‘We apologise for any inconvenience this may cause.’ 

Juliet Kennedy, operations director at NATS, said in a video message: ‘Our absolute priority is safety and we will be investigating very thoroughly what happened today.

‘Again, I would like to apologise for the impact on the travelling public and to tell you that our teams will continue to work to get you on your way as soon as we can.’ 

Jet2 said: ‘Please be aware that UK Air Traffic Control are reporting a significant failure of their systems resulting in significant delays to all flights departing and returning to the UK. Please see our website for further updates.’ 

An aviation expert shares a map showing the area that has been affected by the shutdown 

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