Booking the various elements of your Florida holiday separately can potentially save you money and offer greater flexibility. However, if you decide to ‘go it alone,’ you must know your rights and ensure you secure the necessary consumer protection and security.

Consumer Protection and Separately Booked Trips

While independent booking offers flexibility, you must clearly understand the level of consumer protection you are receiving.

Package vs. Separate Booking Protection

• Package Holiday Protection (ATOL/PTR): The Package Travel and Linked Travel Arrangements Regulations 2018 (PTRs) protect package holidays. A package combines at least two travel services (like a flight and accommodation) sold together. For flight-inclusive packages, the Air Travel Organiser’s Licence (ATOL) scheme protects you, ensuring a refund or repatriation if the organiser fails.
• Linked Travel Arrangements (LTAs): A Linked Travel Arrangement (LTA) offers limited insolvency protection. This may apply when a trader prompts you to book another travel service immediately after the first (e.g., booking a hotel through the airline’s website right after your flight).
• Booking Separately: When you book flights, hotels, and car hire entirely separately, you do not benefit from package holiday protection. Your security depends on individual providers and your payment method.

The Vital Role of Section 75 Protection

You should always pay for any element costing over £100 up to £30,000 using a credit card. Section 75 of the Consumer Credit Act 1974 then makes the card provider jointly responsible with the seller. This offers a vital layer of financial protection if the service provider fails.

Conditions for Section 75 Protection:

1. Direct Relationship: Section 75 generally requires a direct link between the buyer, the seller, and the credit card provider (a three-party agreement). It often does not apply if a fourth party, such as a third-party payment processor (like certain uses of PayPal) or an agent, breaks this direct relationship.
2. Single Item Price: The price limit applies to the cost of a single item or service. If you buy two items costing £75 each (total £150), they would generally not be covered, as neither item’s cash price exceeds £100.
3. Credit Only: The protection only applies when you use a credit card (or certain other regulated credit arrangements), not a debit card.

Your Rights for Flight Delays and Cancellations

The UK-retained European law, UK Regulation (EC) No 261/2004, governs compensation rights for flights from the UK. This law strengthens passengers’ positions and requires the airline to compensate for long delays, cancellations, or denied boarding if the airline controls the circumstances.

Delays, Care, and Refunds

Compensation applies if the flight arrives over three hours late due to a reason the airline controls (e.g., technical faults, crew issues).

• Eligibility: The regulation covers:
  • Flights departing from a UK airport (on any airline).
  • Flights arriving at a UK airport on a UK/EU airline.
• Right to Care: For long-haul UK to Florida flights, the airline must provide care after a four-hour delay, regardless of the reason. This includes meals, refreshments, and two complimentary communications.
• Overnight Delays: If a delay requires an overnight stay, the airline must provide and pay for hotel accommodation and airport transport.
• Five-Hour Delays: If your flight is delayed by five hours or more, you have the right to a full refund for the unused part of the journey, plus a free flight back to your original point of departure if your onward journey is pointless.

Compensation Amounts and Denied Boarding

Long-Haul Compensation (UK to Florida)

The fixed compensation depends on the arrival delay time, provided the airline caused the delay:

• 3 to 4 hour delay: £260 per person.
• 4 hours or more delay: £520 per person.

Denied Boarding (Overbooked Flights): If an airline involuntarily denies you boarding, you are immediately entitled to compensation. You choose between a full refund/return flight or re-routing on an alternative flight, plus the fixed compensation amount.

Key Conditions for Compensation Eligibility

To be eligible for this financial compensation, the following key conditions must be met:

1. Arrival Time is Key: The delay is measured by the time the aircraft doors open at the final destination, not the departure time.
2. Flight Coverage: The flight must have departed from a UK airport (on any airline) or arrived at a UK airport on a UK or EU-licensed airline. A flight from the UK to Florida is covered.
3. Airline Fault: The delay must be the airline’s fault. You are not entitled to compensation if the delay was caused by “extraordinary circumstances,” such as:
   • Severe weather conditions.
   • Air traffic control strikes.
   • Political instability or security risks.
4. Long-Haul Distance: The flight distance must be more than 3,500 km. Flights between the UK and Florida easily meet this criterion.

Note: The compensation amounts are fixed and are paid per passenger, regardless of the price of the ticket. If an airline refuses to pay out, you can refer your complaint to the relevant body, such as the Civil Aviation Authority (CAA).