Have you ever endured a prolonged flight delay lately? If that’s the case, you is perhaps entitled to compensation. The identical is true if it’s a must to put up with a delayed flight sooner or later.
A serious step ahead for travellers’ rights got here in October, when the European Courtroom of Justice dominated that when a flight arrives at its vacation spot greater than three hours late, passengers might be able to declare payouts from the airline.
Beneath an essential, if dull-sounding, piece of laws governing air journey – referred to as Regulation EC 261/2004 – it’s at all times been clear that, in sure circumstances, airways ought to compensate passengers when a flight is cancelled.
Frustration: Travellers’ rights have been boosted by new laws which suggests passengers might be able to declare payouts for delays
Nonetheless, the state of affairs wasn’t clear when it got here to delays. Now it’s, and the European courtroom’s choice has opened the floodgates for claims. The Civil Aviation Authority (CAA) has been deluged with enquiries and requires assist from passengers searching for compensation for delays.
It’s trying into greater than 400 new circumstances, and has reopened an extra 400 current information on the topic. However compensation just isn’t due on all flights or all delays, and even when redress needs to be forthcoming, airways will attempt to get out of paying up.
Right here’s what it’s good to know:
Do these rights apply to all flights?
They apply to all flights departing from airports within the European Union, in addition to to flights on EU-based airways to airports within the EU.
How a lot compensation is feasible for a delay?
The quantities are mounted – from €250 (about £200) to €600 (£480) per particular person – and are decided by the size of flight and delay.
Drained: A flight delay has the flexibility to destroy a vacation
Do airways at all times need to pay out?
Afraid not. If a delay, or cancellation, is attributable to ‘extraordinary circumstances’, then the airline doesn’t need to pay compensation. The CAA says that ‘extraordinary’ doesn’t need to imply a uncommon occasion, simply one thing outdoors the airline’s management – corresponding to extreme climate, a strike or air visitors management points.
Airways have tried, and can proceed to strive, to keep away from paying compensation by naming nearly any circumstance as extraordinary. A technical downside with an plane is usually quoted for instance, however the CAA says that if such an issue should have been picked up throughout routine upkeep, then it’s not acceptable to name that a rare circumstance.
I used to be delayed on a flight some years in the past. Can I nonetheless declare compensation?
Sure, so long as you continue to have documentation to show you have been on the flight. The European courtroom ruling is at pains to emphasize that it applies to previous flights – in concept, again to February 17, 2005, when Regulation EC 261/2004 got here into power. Nonetheless, the CAA factors out that UK courts will solely hear circumstances relationship again a most of six years. So in case your delay was longer in the past than that, you could nicely get nowhere.
What if my flight is delayed by two-and-a-half hours?
You’re not entitled to any compensation. Nonetheless, for those who’re on a brief flight of underneath 1,500km (932 miles) and also you’re delayed by greater than two hours, then no matter the reason for the delay, the airline has a authorized obligation to supply some food and drinks, and, for those who’re delayed in a single day, lodging and transfers to the resort.
If this help just isn’t provided and also you take care of your self, get receipts, preserve bills cheap, and declare again from the airline. On longer flights, the delay must be over three or 4 hours earlier than the airline should take care of you.
I need to make a compensation declare. What ought to I do?
On the CAA’s web site (www.caa.co.uk), underneath Resolving Journey Issues, there’s a bit titled Replace On Compensation Claims For Delay. Learn it, then obtain and fill within the template letter supplied to ship off to the offending airline. If the airline hasn’t responded after a number of weeks, or your declare is rejected, think about calling the CAA (020 7453 6888) to see whether or not it should examine your case.
Particularly, if the airline is fobbing you off with ‘extraordinary circumstances’, the CAA can dig deeper and see if the excuse stacks up.
