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Over the last 15 years, 27 airlines have filed for bankruptcy. The most recent was Silver Airways that filed in December 2024. For passengers, airline bankruptcies can create a whirlwind of confusion, with last minute cancellations and no clear path for getting refunds or even a rebooking.
With airlines going bust more often, it’s important to understand your passenger rights ahead of time. In this guide, we’ll explain your rights, airline bankruptcy policies in different parts of the world, and what you can do to get your money back.
Airlines will file for bankruptcy if they do not have enough money to pay what they owe, but that doesn’t necessarily mean they will stop operations or fail to issue refunds or compensation. In fact, many airlines will try to keep flights operating as usual, but sometimes a carrier will simply stop operations altogether. When this happens, they go out of business via a liquidation process.
If your travel plans are affected by an airline bankruptcy, you can choose your course of action based on where you’re travelling.
If you’re travelling in the UK, your passenger rights are protected by Regulation UK261, which requires airlines departing from UK or EU airports to compensate passengers for flight disruptions. These rules still apply if an airline files for bankruptcy, as long as they are still in operation.
If the airline has stopped operations, then you will be protected by Section 75 of the Consumer Credit Act and the Air Travel Organizer’s License (ATOL), if you booked your flight through a package holiday company.
If you booked your flight directly with the airline, you can get some protection through Section 75 of the Consumer Credit Act of 1974. It states that if you purchased a flight with a credit card and the ticket price was between £100 and £30,000, the credit card provider will give you a full refund if the airline files for bankruptcy.
Note: Section 75 does not apply to purchases made with debit cards or to flights arranged through travel agents and agencies.
ATOL is a financial protection program that helps passengers whose flights have been cancelled by a bankrupt airline. It only applies to passengers with bookings arranged with UK-licensed tour operators.
If you are travelling internationally, ATOL will help you with a return flight back to the UK. If you haven’t started your journey but your flight was cancelled, ATOL will get you a refund for your flight.
Normally, air passenger rights are protected by EU Regulation EU261, which requires airlines to compensate passengers for qualifying delays under the EU flight delay compensation rules and cancellations. These rules also force airlines to provide refunds for flights cancelled within 2 weeks of departure.
However, if you purchase a flight directly with the airline, and it was cancelled because of an insolvency or bankruptcy, you would not be given a refund or compensation because these situations are seen as extraordinary circumstances.
If you bought your ticket as part of a package holiday, then your rights are protected by the EU Package Travel Directive. This means you’re entitled to a refund or a rebooking with a different airline.
The US has no rules or protections for passengers whose tickets would normally qualify for cancelled flight compensation but were voided because of bankruptcy. So, while you might be entitled to a full ticket refund or a rebooking in normal circumstances, there’s a good chance you won’t get these from a bankrupt airline, especially one that has completely ceased operations.
If the airline filed Chapter 11, there’s a chance you could get a refund or a rebooking, but again, in the United States, there is no guarantee.
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So, what do you do if your flight is cancelled because of an airline bankruptcy? If you are travelling in the US or if you purchased your flight directly from the airline in the UK or EU, you can try the following options to get a rebooked flight.
Getting a refund from a bankrupt airline is a little bit more complicated, and your options depend on where you’re travelling.
In the US, you can file a credit card chargeback, as long as you used a credit card to buy your ticket. You can also check with your travel insurance policy to see if it covers financial default coverage. If all else fails, you can also try filing a claim in bankruptcy court as an unsecured creditor.
In the UK, you can get a full ticket refund through ATOL if your flight was part of a package holiday. If you purchased your flight directly from the airline, you can request a credit card chargeback under Section 75 of the Consumer Credit Act. Finally, you can get a refund through your travel insurance if your policy includes Scheduled Airline Failure Insurance (SAFI).
Expert Tip: "If you book directly with a credit card, you may be entitled to a chargeback or Section 75 protection if the airline goes bankrupt. This gives passengers an extra layer of protection, especially if the airline isn’t part of a package holiday scheme." - Anton Radchenko, International Lawyer at AirAdvisor.
In the EU, you can get a refund if you booked your flight as part of a package holiday, but if you booked your flight directly from the airline then you can request a chargeback, provided you used a credit card to buy your flight. Lastly, you can also try your travel insurance, but the policy must include Scheduled Airline Failure or financial default coverage.
To put all this in context, let’s look at a few cases where airlines filed bankruptcy and how passengers were affected.

In 2019, British airline and travel agency Thomas Cook went bankrupt and collapsed into liquidation. All flight operations were stopped, affecting roughly 600,000 passengers worldwide.
Around 150,000 UK travellers were stranded abroad and had to be brought home by the UK government and CAA in a repatriation program called Operation Matterhorn.
Thanks to the ATOL Refund Scheme, approximately 360,000 passengers were entitled to full ticket refunds, processed by the UK Civil Aviation Authority. It was the largest refund payout ever handled by ATOL, but none the less, most claims were processed within 3 months.
Passengers who purchased flights directly from the airline were not covered by ATOL. As a result, these passengers had to seek refunds through credit card chargebacks and travel insurance claims.
Also in 2019, Icelandic budget airline, WOW Air stopped flight operations, which left around 10,000 travellers stranded in countries around the world. At the same time, tens of thousands of travellers had their future flights cancelled.
The airline did not rebook stranded passengers on flights with other airlines, leaving them to find and pay for flights on their own. The Icelandic government did not help bring stranded passengers home, but fortunately, Icelandair, Norwegian Air, Wizz, and Virgin Atlantic were among the airlines who offered rescue fares to passengers.
To get refunded, WOW passengers were advised to request credit card chargebacks and to file travel insurance claims, but not all passengers had Scheduled Airline Failure Insurance. Because of this, it’s unclear how many travellers actually received a refund.
Way back in 1991, Eastern Airlines stopped operations and left numerous passengers stranded away from home and others with cancelled tickets. The airline began working with other carriers to honor those with existing tickets, but many travellers had to purchase new tickets to get back home.
Eastern Airlines also promised refunds to anyone whose flights were cancelled. At that time, refunds were not automatic, and passengers had to file a claim to get their refund. But, when the bankruptcy proceedings began, Eastern Airlines passengers became unsecured creditors, which meant that there was no guarantee they would ever be refunded.
Passengers who paid with a credit card were forced to initiate disputes with the credit card companies, while others turned to their travel insurance to recoup the cost of their unused ticket.
Hopefully, you’ll never have to contend with an airline bankruptcy situation, but there are a few things you can do to prepare in case it happens to you.
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