As a result of a Supreme Court ruling under EU rule 261/2004, passengers who have had to experience the stress, inconvenience and chaos caused by flight delay or cancellation are entitled to claim compensation against the airlines responsible. Approximately 2.3 million passengers each year are delayed due to aircraft faults resulting in cancellations and overbooking. Regulation 261/2004 was created by the European Parliament and the Council of the European Union, and despite the EU referendum results, you are still covered by the regulation. Although, if you have experienced a flight delay in the last six years, we do recommend submitting your details as soon as possible amid the departure of the EU.
The EC Regulation 261 of 2004 states that all passengers must be compensated financially if their flight has been cancelled or overbooked. Despite this ruling, airlines will often make it difficult for passengers to claim by stating that the claim is not valid or will simply ignore you, this is unacceptable and this is where we are here to help you with legal representation.
When you make a flight delay or cancellation compensation claim, we will require as much information and evidence as possible in order to support your claim. For example, we will require everything from data on weather conditions at the time to any technical faults with the plane, which may have been the reason for the delay or cancellation. This is to ensure that we have every detail necessary to increase the chances of success and maximise compensation.
It is important to note that passengers in England and Wales have up to six years from the date of their flight to make a compensation claim. The clock does not stop ticking on your claim until you have issued Court proceedings. To simply lodge a complaint with the airline does not classify as a claim in the eyes of the Court. If the flight was delayed between 2005 and 2009, you will be unable to apply for compensation, or claim through the Courts under EU Regulation 261/2004.
What about infant claims?
Claiming for infants is possible as long as the payment of the airline ticket has been made by you. Infants have up to 6 years past their 18th birthday to bring a claim.
In order to qualify for compensation, your flight must fall under European Regulation which is the case if your departure airport is in a European member state or your airport of arrival is in a European member state and you are travelling with a European carrier. Also, you must check whether something has happened beyond the control of the airline.
In what extraordinary situations will you not be able to apply for Compensation?
• Terrorist and security issues;
• Adverse weather;
• Natural disasters such as Volcanic Activity;
• Air traffic problems; or
• A strike.
In what situations will you be able to apply for Compensation?
• Airline staffing problems;
• Pilot sickness;
• Bad weather affecting a previous flight, impacting your flight time;
• Overbooked flight causing you to be denied boarding;
• Technical faults with the aircraft (not defined as hidden defects); or
• Any other situation which the airline can take reasonability and is not seen as an extraordinary case.
How much can I claim?
The figures mentioned below are a guideline as to how much compensation passengers may claim. Compensation claims will vary on the length of delay as well as the length of the flight, but are not affected by the cost of the ticket itself. They are as follows:
• Flights delayed less than 3 hours – €0;
• Flights delayed more than 3 hours and up to 1,500km – €250;
• Flights delayed more than 3 hours and between 1,500km – 3,500km or between 2 EU Member States – €400;
• Flights delayed between 3-4 hours and over 3,500km – €300; or
• Flights delayed more than 4 hours and over 3,500km – €600.
Please note that under Regulation (EC) 261/2004, the sums are stated in Euros and are claimed in Euros. Once the airline has agreed to pay your compensation, the final sum shall be stated in Euros. However, should your compensation be transferred to your UK bank account, you will receive your compensation in British Pound Sterling. The final sum you receive will be converted according to the current exchange rate at the time.
What should I do next?
In order to have a higher chance of success, providing as much evidence as possible to us about your delayed flight will increase your chances. In addition to the points raised above these include:
• Flight number;
• Dates of flight;
• Time delayed; and
• Expenses incurred as a result of the delay such as food, drink or hotels.
How much do we charge?
Our fees are based on your success and therefore, there is no financial risk to our clients. We will only charge a fee depending on the amount of flight delay compensation received. This performance based fee is up to a maximum of 25% of the obtained compensation plus VAT. Our fee structures are as follows:
(i) Successful compensation claims up to €300 – £25 administration fee plus 25% of the compensation sum recovered. All fees are subject of VAT.
(ii) Successful compensation claims up to €600 – £30 administration fee plus 20% of the compensation sum recovered. All fees are subject to VAT.
Call our flight delay solicitors on 0207 998 7777 or contact us online so we may arrange a call back. With our vast experience in the field, our bilingual speaking team will work with you to ensure this process runs as smooth as possible.
Our Litigation Services