Was the CrowdStrike Outage an “Act of God”?: What to expect if your flight was cancelled

The global IT outage caused by cybersecurity firm CrowdStrike could not have come at a worse time for UK travellers. As well as bringing retail payment systems, public transit, and healthcare services around the world to a standstill, the technical glitch in a Microsoft software update grounded thousands of flights. 

At UK airports, including London Gatwick, Heathrow, Manchester, and Belfast International, it was one of the busiest summers in several years. Between Friday 19th and Sunday 21st, hundreds of flights were cancelled at the last minute 

While a fix was deployed fairly quickly, the knock-on effects of glitched systems have lasted weeks. ​​And there is still confusion among the 100,000 passengers stranded when their flights were grounded about what, if anything, they are entitled to. 

The law 

Passengers on UK or European airlines, or flying from a British or EU airport, are protected by EC261: when a flight is delayed or cancelled the airline has a duty of care to passengers and may owe them compensation. 

For delays, compensation is owed if the delay is more than 3 hours and the amount can be calculated according to distance. (The delay is also counted from the time the flight is meant to arrive – not when it takes off.)

When a flight is cancelled passengers are entitled to replacement transport – and sometimes compensation.

The one caveat is when the circumstances are ‘extraordinary’ – which usually means unable to be anticipated and outside of the airline’s control. Such circumstances, like a severe storm or volcanic eruption, are sometimes referred to as ‘an act of god.’ 

In the case of the CrowdStrike glitch, the UK Civil Aviation Authority (CAA) has stated that this counts as an extraordinary circumstance – and the airline does not owe people compensation for cancellations. 

However, even though passengers are unlikely to be entitled to fixed-sum compensation, if your travel was affected there are other forms of support and assistance you can expect to receive from the airline. 

Alternative travel

Whatever the cause of a cancellation, and even if it is last minute, it is the airline’s responsibility to get you to your destination as soon as possible if you still want to get there.

The exact legal phrase the CAA use is “re-routing, under comparable transport conditions, to their final destination at the earliest opportunity”. 

This means if a flight is available on the original day of travel, you must be booked on it – even if it is operated by a rival airline.

However, this can mean that you end up at a different airport or using a different mode of transport. For example, you may be flown to Nice rather than Marseille airport and have to get a train to where you are staying. Or you may be put on the Eurostar rather than a flight to Brussels. 

Resolver can help you make a claim for a flight delay or cancellation 

Reimbursement

The CAA rules stipulate that airlines must reimburse passengers for the costs they incur making their own arrangements – within reason. 

So if you don’t want to hang around and wait for the airline to rearrange your flight for you, you can make your own arrangements and get a full refund of the original cost of the ticket in vouchers or cash. 

Booking last-minute alternative travel can be expensive – but you can have your costs reimbursed later on. However, you will need to prove that you did your best to limit costs with evidence. So make sure you take screenshots of the flight or train fares available at the time you tried to book. And don’t book a private jet and try to claim it back later – this would not count as a reasonable cost. 

If you are flown to a different airport than where you originally intended, you can definitely claim the onward train fare. Be careful if trying to claim back the cost of a taxi – unless you manage to make the price per person cheaper than a bus or rail ticket, or it’s late at night so you have no other choice, the airline will probably reject the claim. 

Food and overnight accommodation

In its “Guidance to Industry”, the CAA says: “Passengers whose flights are delayed, and those awaiting replacement flights, should be looked after and provided with meals, refreshments and hotel accommodation proportionate to the length of the delay.”

So even if you are waiting around for a long time, the airline staff should be making the delay as comfortable as possible. 

It may be that airline staff are unable to personally help you find accommodation or distribute snacks on the day – but if you buy your own supplies or book accommodation yourself you can claim it back. Make sure you keep all of your receipts – and don’t try to make a claim for alcohol or any expensive extras! 

The CAA also state: “Particular attention should be given to those who require special assistance, and passengers who are vulnerable or require more practical assistance.”

So as well as refreshments and overnight accommodation, if you need additional help, including with getting to and from the airport make sure you let them know.  

Use Resolver to raise a travel complaint

If you have any thoughts on this topic, or any other consumer issues you would like us to cover, feel free to get in touch with us at support@resolver.co.uk.