Compensation: Airlines threatened with legal action

Three of some of the biggest airlines could end up in court if they fail to 'shape up' over flight delay claims. Legal action could soon be taken against the airlines Jet2, Wizz Air and Aer Lingus who are not abiding by consumer law. This threat comes as the above airlines fail in the handling of passengers affected by flight disruption. As well as failing to alter their policies despite extensive discussions, according to the Civil Aviation Authority.

The CAA, has claimed that both Jet2 and Wizz Air have "failed to satisfy the regulator that they are consistently paying compensation for disruption caused by technical faults, despite a Court of Appeal ruling clarifying that airlines must do so."

In addition to this, the CAA has also claimed that the same two airlines are also imposing a 2 year time limit on passengers who wish to take a compensation claim to court. This is despite the Court of Appeal ruling that passengers should receive up to 6 years in order to make a claim in court.

Further failures also exist with Jet2 and Aer Lingus who have failed to give satisfactory evidence that they 'proactively' provide passengers with information regarding their rights when disruption occurs. The information provided to customers regarding flight disruption should be in line with the requirements set out in the European regulation.

If these airlines fail to comply, the CAA will launch enforcement action and will seek a court order against them. However, Jet2 have suggested that these claims are 'materially inaccurate' and that "Jet.com is paying compensation for disruption caused by technical faults in line with the landmark Huzar ruling and have already confirmed this to the CAA." Compensation received by passengers is up to 400 euros (£289) per a person, with the average fare equating to £80.

In addition to this a spokeswoman added, "Airlines are entitled to limit to two years the period in which claims can be made by contractual limitations and these have been upheld by the court on a number of occasions. Jet2.com strictly abides by court decisions and is acting in accordance with the law, not contrary to it. No enforcement action has been taken. The CAA is obligated to consult with Jet2.com before considering enforcement action. This process has not started. Given the misapprehensions of the CAA, Jet2.com expects that following the mandatory consultation process the CAA will not wish to take the matter any further."

This failure to comply with consumer law comes as passengers who suffer with long delays bare witness to airlines employing various tactics in order to avoid paying out compensation. Rather than airlines admitting to a technical fault, many passengers will receive a letter stating that the delay was caused by a 'hidden manufacturing defect'. Others have argued that they are simply ignored by airlines who fail to give a response.

Under EU Regulation 261/2004, passengers are entitled to £465 in compensation if their flights lands more than 3 hours late. However, claims cannot be made due to 'extraordinary circumstances' such as bad weather or crew strikes.

Prior to this change, airlines would refuse to pay out for delays caused by a technical fault. However last year, 2 Supreme Court rulings and a 6 year legal battles opened the floodgates to 2 million holidaymakers to make claims. As a result, the court declared that airlines should pay out when a delay is caused by a technical fault. This change could see airlines fitting a bill of around £3.89 billion for cases dating back 6 years.

If your thinking of making a claim for a delayed or cancelled flight, MTA Solicitors can help you! At MTA Solicitors we have experts in travel compensation who can help put things in motion for you. Know your rights and get refunded. We work on a No Win No Fee basis for flight compensation claims.

To find out more simply visit us online today or call us on 0208 313 7804 to speak with a member of our civil litigation team.

Cancelled flights and delays...what can i do?

So, the holiday season is over and hopefully we have all had problem free journeys to some exciting destinations. However, if things haven't gone quite according to plan, did you know you can now claim on a cancelled or delayed flight or for being bumped off a flight?

Compensation for cancelled or delayed flights is dependent on the reason for the cancellation or delay. If the airline can prove that either was caused by ‘extraordinary circumstances’, then no compensation is payable.

Extraordinary circumstances are situations beyond the control of the airline, for example, security risk, political instability or severe weather that makes flying dangerous. Strikes can also be included in this category.

Technical issues can be 'extraordinary circumstances' but not where the situation should have been picked up by routine maintenance.

It's worth challenging your airline if you don't agree that there were extraordinary circumstances, for example if you are told you can't fly due to weather conditions, but other flights are departing. Airlines sometimes stretch the definition of extraordinary circumstances further than they should.

If you still feel aggrieved by the airline, then you should write to the airline setting out your cancellation situation.

If this doesn’t get you any compensation you can take the complaint further by writing to the Civil Aviation Authority (CAA) or the European Consumer Centre (ECC) and then if all else fails to the small claims court.

If you need assistance with drafting these letters or if you have hit a brick wall and need help taking your claim further, our claims experts at the LawStore can help.

For as little as £30, we can draft an initial letter so you can claim up to £500.

For more information call us on 0845 603 6544 or email info@thelaw-store.co.uk

Are we about to see flight delay claims soar?

Flight Delays Claims

With a recent court case ruling in the favour of a passenger who was delayed for 27 hours has been awarded £526 in compensation. The passenger in question is Ronald Huzar who was travelling from Malaga to Manchester back in 2011 when his flight was delayed by a staggering 27 hours due to a technical fault on the plane.

Back in 2011, the flight company responsible for the delay claimed that the technical fault came under "extraordinary circumstances" which enabled jet2.com to avoid paying out any compensation to those affected. The term 'extraordinary circumstances' however, is usually only applied to flights which have been delayed due to poor weather conditions, political unrest and threats to security.

With Mr Huzar having faced major disruptions to his flight back in 2011, he recently proceeded to take jet2.com to court with the Manchester county court ruling in his favour. With this recent ruling bucking the usual trend in terms of flight delay compensation, many have argued that we will begin to see flight delay claims soar. Also with Mr Huzar's case acting as prominent example, more and more people will start to speak out and claim.
 
Flight delay claims are subject to the UK's statute of limitation which now allows customers to make a claim which dates back 6 years. As a result lawyers have suggested that approximately 20 million passengers who have experienced delays could be en
titled to compensation. 


So what is the law about flight delay compensation?

Under EU Law, you must be delayed for more than 3 hours to be eligible to claim, unless the delay is due to 'extraordinary circumstances'. These circumstances are issues which could not be avoided by the airline when all reasonable measures have been taken such as the maintenance of the plane.

You can also now make a claim if the airline delayed or cancelled your flight due to a technical fault. This claim can put forward even if your flight was up to 6 years ago. Previously, this claim could not be made as technical faults came under 'exceptional circumstances' which prevented passengers from making a claim.


Thinking of making a claim?

If you're on a flight which leaves from an EU airport, EU law, allows you to make a claim once your flight has been delayed for over 3 hours. The amount of compensation that you are entitled to is dependent on the length of your flight. Being delayed for more than 4 hours on a long distance flight can increase the amount of compensation you allowed to claim.

To find out more call us on: 0845 603 6544

If you're thinking of claiming compensation on your delayed flight or are just seeking some legal advice and support in regards to your delayed flight then contact us today. Contact us at the LawStore for your simple path to compensation.

Claiming for Personal Injury?

You want to make a Personal Injury claim but do you know how much compensation you can claim for?  Defining how much a claim is worth is not easy, especially when loss of earnings, medical expenses or treatment costs becomes involved.

A Personal Injury Claim and the amount of compensation you’re entitled to claim for can be affected by several factors but it will mainly be based on the type and severity of the injury you have suffered.  Without speaking with an experienced Personal Injury Solicitor, calculating how much your Personal Injury Compensation Claim is worth can prove difficult. Mainly your claim will be based on proven medical or reports or treatment history but what about other factors?

An experienced Solicitor will be able to help you collate all the correct insurance and medical documents required for your claim but if you have suffered a Personal Injury as a result of an accident that was not your fault, you should consider keeping a Personal Injury Diary.

 

As well as noting down the time and place of your accident, along with names and contact details of witnesses if possible – which will help your claim to be processed much easier -   keep a record in your own words of the pain and suffering you are experiencing and how this is effecting you emotionally as well as physically.  Record any loss of earnings or capacity of earning or any wage loss information along with a record of any doctors, hospital or other healthcare visits, detailing dates, advice or prescribed medical treatment.

Your Medical report will show a “prognosis period” which will outline how your injuries are likely to affect you in the future and a time frame for how for long you are going to be affected by the injury you have sustained.  It is unlikely that a Solicitor will advise you to settle a compensation claim until a full recovery is made from your injuries or you have a firm medical diagnosis detailing the prognosis period. Settling a claim before making a full recovery or having a solid prognosis period in place would prevent you from applying for further compensation should your injuries and recovery period persist for longer than expected.  The examination report prepared by a medical expert will be used by your Solicitor to calculate how much your compensation claim may be worth by comparing your injuries to Claimants in previously settled cases who have suffered similar injuries and recovery time to your own which is known as Case Law.

It is worth noting that in most cases there is a standard limit of three years in which to bring a Personal Injury Compensation Claim in the United Kingdom. This three year deadline will start from the date that you were aware your injury was linked to the original accident or exposure and whichever is latest. It is not uncommon for the date of knowledge to be much later than the accident date. If you are in any doubt regarding your chances to make a claim for personal injury you should seek accurate claim advice from an experienced legal advisor who will quickly be able to determine the strength of your claim and offer advice regarding seeking compensation for your injuries.

How can Personal Injury Solicitors at MTA make it simpler to claim compensation?

Here, at MTA our Personal Injury Solicitors are focused on making your claim process as straightforward as possible. Our Solicitors will do most of the paperwork for you and will keep you updated every step of the way. We realise that waiting for a response can be frustrating, but with our unique client focused way of handling claims, we can make the process of claiming compensation as simple and as stress-free as possible.

Chasing for responses, keeping you in the loop and getting you the compensation you deserve. To speak to one of our qualified MTA solicitors contact us on 020 8437 0707