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.

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.