So what are your rights when your flight has been delayed or cancelled?

So the summer holidays are just on the horizon which means millions of us will be jetting off to somewhere hot or even somewhere cold. But what can you do if you are left grounded by your airline?

Research carried out by Which? has revealed that 30% of UK holidaymakers have experienced delayed flights and consider it as their top holiday gripe. Although this is the case, many people do not know their rights when it comes to cancelled or delayed flights.

It has been estimated that around 3.27 million passengers to and from UK airports each year could have a potential claim. In addition to this, an average of £320 is demanded as compensation.

By law, customers have 6 years to submit a claim and airlines must pay compensation for delays caused by technical issues. In order to make a claim you must have been delayed for more than 3 hours. The amount you are entitled to however, will depend on the delay and the distance.

However, holidaymakers must be aware that the amount of compensation you receive can be halved if the actual arrival time is within two hours for short haul flights, three hours for medium flights and within four hours for long-haul flights.


If your flight has been delayed, airlines have a duty of care to provide those affected with refreshments and accommodation, if required. Even if you have booked your flight through a tour operator, the airline still owes you a duty of care.

Compensation is usually paid in cash, bank transfer or cheque. If the airline is looking to pay you in vouchers for other services, you must agree to this, so don't accept anything you do not want.

So what are extraordinary circumstances?

Extraordinary circumstances account for issues such as security risks, weather events, and dust clouds for example. Basically, the term mean anything which is beyond the airlines control. If this is the case, you will unfortunately not have a claim. It is important to note however that recent rulings have excluded mechanical failures from 'extraordinary circumstances'. If you feel that the airline is not acting fairly in regards to what actually counts as 'extraordinary circumstances', you may challenge them. If your flight was cancelled or delayed in the UK then you can raise it with the Civil Aviation Authority.

What else am I entitled to?

During your delay, the airline must look after you, providing that you are flying from an EU-based airline or are flying from an EU airport.

This Denied Boarding Regulation covers cancellations and delays, and entitles travellers to welfare packages from their airline. Short-haul flights must be delayed by more than two hours, medium-haul by more than three hours and long-haul flights by more than four hours. Once the designated time has passed, passengers are entitled to meals and refreshments, two free telephone calls and potentially accommodation if needed.

If your thinking of making a flight delay or cancellation claim MTA Solicitors can help you! To find our more or to make a claim simply click here or call us on 0208 313 7804 today!

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.

Airlines refuse to pay £50m in flight delay compensation to holidaymakers

Thousands of holidaymakers are still awaiting more than £50m in compensation for delayed flights. This comes as a coalition of more than four airlines including Ryanair and Flybe refuse to pay out despite losing a Supreme Court legal battle.

In October of last year, an application made by Thomson and Jet2 to appeal two rulings which made airlines liable to compensate passengers delayed by aircraft technical problems was refused by judges. Prior to this, airlines had argued that unforeseen technical defects are simply out of their control and should come under the EU’s ‘extraordinary circumstances’ definition, which would exempt airlines from paying compensation.

Many airlines including Thomson are now beginning to process thousands of claims, dating back 6 years’, which are worth an average of around £380 each. However, airline Jet2 has been joined by at least 3 other airlines who are continuing to put claims on hold until a long-running case against Italian airline Alitalia is finally resolved in European Courts. This delay is due to the hope that this particular case will help clarify the definition of ‘extraordinary circumstances’.

 This current term is argued to be rather ambiguous as it includes technical faults as well as issues involving extreme weather and security alerts. It has been estimated that these delays are worth between £50m and £100m in claims. Jet2 has set aside £17m in order to eventually settle and future claim pay outs.

As a result many have argued that the delay is disappointing as airlines have got “all the clarification they need on what is an ‘exceptional circumstance’.” In addition to this, the industry’s regulator, the Civil Aviation Authority are examining whether it should take action against these airlines.

At MTA Solicitors, we can help you claim compensation for a cancelled or a delayed flight. 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 about flight delays and cancellation compensation simply click here. If you would like to speak to one of our expert advisors simply call us on 0208 313 7804.

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.