Your refund rights if you’re caught up in strike action – from trains to flights

The phrase “summer of discontent” is being used increasingly to describe everything from the cost of living crisis to the heatwave and political climate.

But we are also facing an unprecedented wave of strike action this summer.

So what are your rights if you are affected by a strike – and what about the impact of strikes that might not seem to be directly related to you?

Here’s my guide and all your rights explained.

Airlines and airports

As if beleaguered passengers hadn’t already been through enough with record levels of cancelled flights and ruined holidays, a whole swathe of strikes could also emerge to spoil your trip.

Some airlines are currently negotiating with cabin crews to avert strike action, while British Airways pilots have said they will go on strike (at the time of writing).

However, airport staff in the UK have already gone on strike recently and could do so again.

And it wouldn’t be summer without the ubiquitous air traffic control strike somewhere on the continent.

I’ve covered flight delay and cancellation compensation in a previous column.

The good news is you may be entitled to compensation – but it all depends on who goes on strike.

If your flight has been delayed or cancelled as a result of airline staff going on strike, then you are entitled to compensation by law.

That includes cabin crew and pilot industrial action.

What you’re entitled to depends on how long the delay was and what distance you are flying:

• The flight must be delayed by more than three hours and the delay is counted from the time the flight is meant to arrive – not when it takes off. Arrival counts as the point at which the cabin crew open the doors… not when the plane touches down.
• The flight must take off from the UK or European Union or be from an airline based in these areas. Connected flights count, even if you switch to a non-EU airline half way through your trip.
• The issue must be within the control of the airline. So storms and bad weather or air-traffic control disputes are going to leave you without any compensation. However, airline strikes are generally considered to be foreseeable as are the recent staffing issues and cancellations – so you should be able to claim.

If your flight is cancelled up to 14 days before departure, then the airline must get you on another flight as soon as possible.

This can be one of their own flights, or failing that, a flight with a competitor.

The compensation rules still apply though, with the compensation rates applying from the point the original flight was scheduled to when the replacement flight lands.

This means that you’ll probably get the maximum compensation in most cases.

Can’t get hold of the airline? You can claim through Resolver for free.

However, airport and air traffic control strikes are not generally considered to be within the control of the airline, so you would not get compensation for delays, though if your flight is cancelled, the airline will still try to get you where you need to be.

This is where a good travel insurance policy comes into play.

However, a recent study by Which? found that 40% of policies did not cover strike action. So check before you buy.

You can read our travel insurance guide here.

Trains

August looks set to be plagued with train strikes.

National strikes have already been announced (and have taken place) and the London Underground could well go on strike too.

The official advice is work from home and avoid travel if you can.

Judging by the stations I passed through in the last week, that advice is largely being heeded.

If you’ve paid for advance tickets or passes, then you should be able to get a refund, but how that process works depends on the individual rail companies, who have all the details on their websites.

Network Rail says you should be entitled to a ee-free change or refund from the original retailer of your ticket.

However, looking at the T&Cs on some train websites, they say they will only pay out if you can’t travel or are delayed when taking these alternative services.

This could apply to lots of situations – or if you can’t travel on the days inbetween strikes.

So make sure you tell me and the team at the Mirror if you are turned down.

You should also be able to claim a refund for season or flexi-season tickets where you can’t travel too.

The way this is calculated is pro-rata and is rather complex, but again, you can start the process through the train operator website.

They can charge an admin fee of up to £10 though.

Royal Mail

It’s been announced that Royal Mail staff will be striking too.

Previous mail strikes have resulted in severe disruption though it’s unclear at present how wide ranging the strike action will be.

You can claim for compensation under some sets of circumstances for lost, damaged or delayed items, though the rules are more geared towards parcels than letters.

Compensation is also dependent on the postal service that you paid for and if delivery dates are (more or less) guaranteed.

Compensation ranges from a book of first class stamps to up to £10 for items delayed over a week.

You make a claim through the Royal Mail website.

Other strikes and your rights

Strikes can have both direct and indirect effects on people, which has an impact on compensation and your rights.

A direct impact would be the cancellation of a service you have booked due to strike action.

For example, if ferry staff go on strike and you can’t travel, you are directly impacted.

In these sets of circumstances, your rights are usually set out in the T&Cs of your contract.

You may not have these to hand but whenever you pay for goods and services, you enter into a contract with the business.

You can usually find this guidance online.

If a service is cancelled, then options range from refunds to commitments to reinstate your contract as soon as it’s possible.

There may also be dispute resolution services or trade organisations that you can go to if you are dissatisfied.

Indirect impacts are where you don’t have a direct relationship with the business on strike but you are still impacted.

So if you can’t get on a train to go to a gig or event, it’s not the fault of the event organisers – but you are still losing out.

It’s much harder to get a refund under these circumstances.

You may be able to sell tickets for events you can’t get to through the ticket agencies website – or gift the tickets to a friend, but it’s rare for businesses to have refund policies when the event is still going ahead.

• Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist