Which rules apply when I fly home on a US carrier?

Q I fly back and forth to the US multiple times a year and always book my ticket through BA or Virgin. But it often turns out to be a US carrier for the actual flight: American Airlines or Delta. I understand that UK flight rules are much more consumer-friendly than those in the US. In the case of disruption, which rules would apply if I book a ticket through a UK airline but the plane belongs to a US airline – the British or American rules?

Heather M

A “Code-share” flights between British Airways and its partner, American Airlines, and Virgin Atlantic and its part-owner Delta, are extremely common. As with some other pieces of aviation jargon, “code-share” is not quite the right term. The code (or flight number) isn’t shared – it’s the plane.

Passengers should always be informed about which airline is doing the flying. What you won’t be told, in my experience, is the difference in consumer protection between US and UK carriers when flying from America to Britain.

Outbound from the UK, all airlines are treated the same: if the flight is cancelled for any reason, you have an automatic right to be rebooked on the same day. Should the cancellation (or a long delay) be the airline’s fault, and you arrive three hours or more behind schedule, you are due hundreds of pounds in compensation as well.

But leaving the US, only British (and European) airlines are subject to these rules. So if, as often happens in winter, your flight on American Airlines or Delta does not depart because of extreme weather, you are liable for hotel and meal costs. Had BA or Virgin done the cancelling, you would have been entitled to the airline’s duty of care.

You might argue that you bought the flight from British Airways and it has a BA number. But it doesn’t matter that your flight number is (say) BA1529 from Miami to London Heathrow if, as in this case, the plane is an American Airlines Boeing 777.

While I like American Airlines and Delta, I always try to ensure that the homebound flight from the US is on “real” British Airways or Virgin Atlantic – both excellent airlines, with consumer protection that comes free with the ticket.

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Q We are a reasonably active retired couple with no children. We are planning to visit Malta. What time of year is best and where would you advise as a base?

Michael M

A For the optimum timing, I can be very specific: the first three weeks of March 2024. Winter rainfall dries out at the end of February, the sun will mostly shine and the temperatures will be benign for the wide range of activities on offer. With an early Easter (Sunday 31 March), the usual school holiday surge in airfares and holiday prices will begin around Friday 22 March. As you are retired and have no children, you can take advantage of lower costs earlier in the month and leave more space for those who do not have such flexibility.

In terms of location, my strong recommendation is Valletta. The capital is a spectacularly three-dimensional walled city that enjoys Unesco World Heritage status. It was the first European capital to be laid out on a grid pattern, which the Knights of St John prescribed in the 16th century. They hoped that having straight streets would make their fortress city easier to defend.

Valletta’s year in the sun as the European Capital of Culture in 2018 triggered a renaissance that continues to deliver today. One highlight is the Renzo Piano-designed City Gate. Another is Muza, the National Museum of Art in Malta. The ancient Auberge d’Italie, built to house Italian-speaking knights, served as a courthouse and post office before being transformed into a ravishing collection of galleries where light, shade and history converge. Boutique hotels have blossomed in Valletta, so finding accommodation should be a breeze.

The capital is just one component of Malta’s diverse appeal. With the excellent bus service, or a rental car, you can use Valletta as a base to explore the island’s four corners. The 100 miles of coastline include some superb beaches as well as pretty fishing villages and the amazing cliffs of Dingly. Inland, a wealth of history stretches from structures created before Stonehenge to the atmospheric former capital Mdina – popular with celebrity travellers such as Bruce Willis.

You will find more than enough to fill a week in Malta. If you can extend beyond seven days, take the ferry to neighbouring Gozo: a drowsy destination of considerable beauty and deep history.

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Q I have booked a flight via an online travel agent. The airline has cancelled and is unable to offer me a suitable alternative. Having sourced an alternative elsewhere as they couldn’t, I am being told the agent can only offer me the refund minus a £70 handling fee. Are they within their rights?

Dan B

A I am annoyed on your behalf for both elements of this unhappy issue: the airline’s response to the cancellation, and the fee your online travel agent wants to hang on to.

You write: “The airline has cancelled and is unable to offer me a suitable alternative.” Yet as soon as an airline cancels a flight it is required under UK and European air passengers’ rights rules to come up with a suitable alternative, including buying a ticket on a rival carrier if that is the most effective way to get you there. The only circumstances under which I would choose to accept a refund and rebook would be if a good replacement flight is actually cheaper (which has occasionally happened).

You have found an alternative, so now to deal with the question of getting your money back. Had you booked direct with the airline – or through a travel agent who has your best interests at heart – it would be a simple matter of claiming a full refund, which the carrier is supposed to hand back within a week.

Regrettably, during the Covid pandemic the government decided to allow intermediaries to apply a cancellation fee. These were typically £30-35. In your case, it looks rather to me as though the £70 coincides with the commission the agent would have earned on your flight.

The online travel agent is required to demonstrate that the fee represents the cost of handling the refund. I doubt the firm will be able to do this convincingly. Let me know what the response is when you demand proof. I hope the result will be a much-diminished charge.

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