Flights delayed or cancelled? Things are looking up!

6 November 2014

finger airline Chances are, you've had a delayed flight at some point or, worse still, a flight that has been cancelled altogether.

Well, things are about to change on that front. No, delayed and cancelled flights aren't going to become a thing of the past, but rather, your rights surrounding them. There's been two Supreme Court decisions against Thomson and Jet2, which means we'll all have improved rights when it comes to getting compensation.

The Supreme Court ruled on two cases relating to the European Denied Boarding Regulation, which sounds boring, but that's the thing that sorts your right to compensation if your flight gets cancelled or if it is delayed, and with that, the airlines might get their arses in gear and start running a better service for everyone.

In the case 'Dawson v Thomson', Thomson denied owing a certain Mr Dawson (no, not that one) compensation because he had waited more than two years after his flight to make a claim. The airline argued that consumers have a two-year window if they want to claim compensation, however, Mr Dawson pointed out that the law gives six years for claims. The Court of Appeal agreed and Thomson don't have the right to appeal.

The other case - 'Huzar v Jet2- Mr Huzar’s flight had been delayed thanks to a technical fault with the aircraft. The law says that airlines don’t have to pay compensation if a delay is caused by “extraordinary circumstances”. You'd think that technical problems were a fairly regular occurrence, but Jet2 claimed that technical difficulties constitute “extraordinary circumstances”. That means they don't have to pay compo to passengers. However, the Court of Appeal disagreed and denied Jet2 the right to appeal.

So now, the law says that travellers have six years to flex their rights in a bid to claim for compensation for a cancellation or delay and there's not much the airlines can do about it. They might weasel their way out of it somehow, but for now, it is 2-0 to the consumer.

That said, if you've but a claim in for some reimbursement, it now might go through, albeit delayed thanks to the airlines now having something of a large backlog of complaints. If you are getting close to six years, then you can send your complaints to the Civil Aviation Authority or the small claims court.

Go get 'em.

TOPICS:   Travel   Consumer Advice

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