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Flight restrictions at UK airports may have been lifted but the severe disruption caused by the volcanic ash emanating from Iceland continues. Many passengers have still not reached home and it is likely to be some time before flight schedules get back to normal.

Those caught up in the volcanic ash chaos will no doubt have spent substantial sums trying to get home, but what rights do consumers have to compensation and assistance in these circumstances?

Some consumers may have insurance that will cover the position, although it is likely that many policies will have exclusions covering unforeseen and uncontrollable events such as disruption caused by volcanic eruptions. It is important to check the terms of your policy carefully to find out what is and isn't covered.

In terms of helping passengers to return home, the position differs in relation to package and non-package holidays. Those who travelled as part of a package holiday are likely to get more assistance as tour operators are obliged to provide prompt assistance to their customers.

Those who booked flights and accommodation separately may be entitled to assistance under the Civil Aviation (Denied Boarding Compensation and Assistance) Regulations 2005 ("the Regulations"). The Regulations apply to flights departing from EU countries and flights operated by EU airlines departing from non-EU countries and arriving in EU countries. Non-EU airlines, flying in from non-EU countries are not bound by the Regulations.

Under the Regulations, the airline is obliged to offer a replacement flight at the earliest opportunity or a refund of the part of the journey not made. If the replacement flight is chosen and it does not depart until the next day, under the Regulations the airline must provide assistance such as meals, telephone calls and hotel accommodation (depending on the length of the delay).

The Regulations also provide for compensation payments in the case of cancellation of flights. The compensation varies from €250 to €600 depending on the distance to be travelled. However, this part of the Regulations was brought in mainly to deal with the problem of overbooking by airlines and airlines are not obliged to pay compensation if they can prove that a cancellation is due to "extraordinary circumstances". The volcanic ash disruption is likely to fall within this exception.

Those who have booked package holidays but have been unable to travel at all due to the flight restrictions may be entitled to a full refund if an outbound flight cannot be re-arranged for 12 or more hours later and should check their booking terms and conditions. For separately booked flights, under the Regulations the airline should offer a choice of refund or re-routing at the earliest opportunity.

The rights of consumers in a situation such as this are by no means clear and it is likely that a lot of passengers will be unable to recover their expenses incurred in trying to get home. However, those who have booked package holidays should check the terms in place with the tour operator and there may be some recompense available to other passengers under the Regulations. It is important to keep a record of expenses incurred and receipts to prove the sums paid and to contact the airline at the earliest opportunity.

If you would like advice on this or a related topic, please contact Catherine Mathews at Stephens Scown in Exeter. Catherine specialises in consumer disputes (including those relating to holidays, timeshare, cars and financial services). Catherine is a member of the Dispute Resolution Team in Exeter.

The Team is described as "exceptional" in the Legal 500 2010 independent directory.