With the holiday season upon us, many people are planning a break to the sun but may not be relishing the idea of a long flight – or long delays at the airport.
However, they should be reminded that as of this year, anyone who is delayed over three hours can sue their airline for up to £508 per person and can backdate the claim to 2005.
In what was the first implementation in the UK of a European Court ruling made last year, a couple won a landmark legal victory in January over a leading airline after their flight home from a holiday was delayed.
The ruling by the European Court of Justice stated that delays of more than three hours caused by airline failures such as technical faults or lack of crew merited compensation but the case of the couple was the first time it had been tested in the UK.
The couple first took the airline to court after their flight home was severely delayed in 2009. However their claim for compensation was originally rejected after the airline told the judge that the delay was due to an ‘exceptional circumstance’ beyond its control.
Then they learned of the ECJ’s ruling and appealed and the airline admitted that the delay had actually been caused by a mechanical fault, leading to the appeal court upholding the case.
Earlier this year, the European Commission announced a further host of proposals to improve passengers’ rights and to clarify grey areas in existing rules. If these are implemented, they would come into force by the end of 2015.
Some of the main changes include the right to compensation if flights are rescheduled less than two weeks before the original departure date and an increase in the length of delay after which passengers can claim compensation.