Flight delay compensation

By | Category: Travel news

arriving planeAt the end of last week, Aer Lingus, Jet 2 and Wizz were accused by the Civil Aviation Authority (CAA) that they are breaching consumer law. It went further by announcing that it was prepared to take legal action against all three.

What has brought this about?

Readers will beaware that you can claim for delayed flights going back six years but some airlines are insisting it relates to two years and one, Ryanair, is seeking to overturn the ruling that confirmed the EU law.

Jet2.com said it has been paying compensation for disruption caused by technical faults in line with the landmark Jet 2 versus Huzar ruling and has already confirmed this to the CAA but, as I said, delays should be considered up to six years and not the two, Jet 2 claims. The airline claims that airlines are entitled to limit to two years the period in which claims can be made.Wizz Air says that they assess each customer claim on a case-by-case basis and it also follows the two year limit.

The CAA claimed on Saturday that “Jet2 and Wizz Air have failed to satisfy the regulator that they are consistently paying compensation for disruption caused by technical faults, despite the Court of Appeal (Jet2 v Huzar) clarifying that airlines must do so.” They also say that  Jet 2 and Wizz Air are imposing two-year time limits for passengers to take compensation claims to court, despite the Court of Appeal (Dawson v Thomson) ruling that passengers should have up to six years to take a claim to court.”

Jet2 and Aer Lingus are also accused of not having given the CAA satisfactory evidence that they proactively provide passengers with information about their rights, during disruption, in line with the requirements set out in regulation EC261.

Yesterday afternoon, the CAA issued two documents. The first, a document of 68 pages, is called “A Right to Know” and examines what passengers are entitled to and how fifteen airlines are performing. The second, covers compensation and the first 6-8 pages summarise what passengers can expect. Just about Travel has deliberately provided links to both documents so that our readers can assess whether compensation is due to them and to read, if the wish, what the CAA is doing about bringing airlines into line.

Only 15 airlines responded to the CAA. There are a number of major airlines not covered who may be following the letter and spirit of the rulings and the law but only readers affected by them will be able to tell us what the situation is. If readers have flown on TAP, Delta, Alitalia, Air Berlin, Eastern, American, SAS, Turkish, or any others that land at British and Irish airports not included in the CAA list of 15 please let us know their experiences of claiming compensation for late delays so that other passengers may be aware.

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