Every year, around 1.75 million people are delayed by more than three hours, but what are your rights when you are left camping out in an airport lounge when you should be sunning yourself on a lounger by the pool? Crucially, under EU rules (EU261/2004), if your flight is delayed by more than three hours you are entitled to monetary compensation. Passengers can then potentially recover up to £480, although this does depend on how long the delay is, and the distance you are travelling. To get the maximum amount, you need to be travelling more than 3,500 km, and be delayed for more than four hours.
"The compensation amounts are not related to the cost of the ticket, as the rules exist to compensate passengers for time and inconvenience, not to reimburse the ticket price," says David Bott, of solicitors Bott & Co. "This means that no matter whether you pay £30 or £3,000 for your ticket the compensation remains the same."
In addition to this, EU rules also state that you are entitled to care from the airline for delays as short as two hours, although once again, this depends on the distance you are flying; the qualifying delay time is two hours for flight distances of up to 1,500 km.
"Alongside financial compensation, the airline is obliged to provide 'care and assistance' during flight delays," says Bott. "This includes meals in reasonable relation to the waiting time, hotel accommodation, transport and two phone calls or emails."
Watch Out For "Extraordinary Circumstances"
While EU regulations state that airlines have to pay for long delays, cancellations or denied boarding, this is not the case if these are caused by what the airline terms as "extraordinary circumstances".
This is deemed as being anything outside the control of the air carrier, and includes circumstances such as industrial strike action, terrorism, sabotage and volcanic ash clouds.
"Airlines have previously used this clause as a 'get-out' to avoid paying compensation where it is rightfully due," says Bott.
"Many airlines have tried to argue a technical problem is an extraordinary circumstance. However, this is not true, and was established as so in the case of Huzar v Jet2.com at the Court of Appeal in July this year."
When Jet2 lost the case with the ruling going in Huzar's favour, the court refused to grant the airline "leave to appeal" at the Court of Appeal.
However, Jet2 has now applied to the Supreme Court for permission for "leave to appeal" at that court instead.
As the Supreme Court is closed for the summer, passengers have no option but to watch and wait.
Claiming Compensation
To claim, your first step should be to find out if you have a qualifying flight based on the EU rules on flight distance and length of delay.
The EU rules apply to all departures from EU airports, including budget carriers. They also apply to EU-based carriers departing outside of Europe.
There is a useful free calculator you can use to help you work out if you have a valid claim at BottOnline.co.uk.
Having done this, it is worth writing to the airline via its customer service department to see if they will pay compensation directly. Make sure you cite European Regulation EU261/2004. There are template letters on MONEYSAVINGEXPERT.com's website.
Remember to include your name, booking reference, flight number, departure date and destination, along with copies of your ticket, boarding pass and proof of purchase (rather than originals). Keep records of all correspondence. There is useful advice on how to make a claim on the Civil Aviation Authority website at Caa.co.uk.
The other option if the airline refuses or fails to respond, is to take your case to the small claims court. But if you do opt to represent yourself, this requires time and money.
Finally, you could get legal backing from a solicitor that specialises in compensation for flight delays.
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