Couple’s flight delay compensation payout over 26-hour ordeal
More and more holidaymakers are seeking flight delay compensation after suffering delays getting to or from their holiday destination.
What Happened?
On 3rd July 2012, a British couple were due to fly from Palma de Mallorca Airport to Birmingham Airport at 10.45am but their flight was delayed by 26 hours.
Along with hundreds of other passengers, they were stranded in the hot and sweaty airport, were given food stamps for meals but they had to supplement these with their own money.
The complaint to Monarch for flight delay compensation
Disgusted by what happened, Mr and Mrs Brittain, from Wythall in Worcestershire, applied to Monarch for flight delay compensation but Monarch refused to compensate them claiming that the huge delay was caused by ‘exceptional circumstances’.
The Small Claims Court
They sued Monarch at Worcester County Court for flight delay compensation and despite Monarch turning up mob handed with both Solicitors and Barrister, the District Judge awarded them their full compensation claim of £430.
What is the EU Rule?
The Rule is Regulation (EC) 261/2004
When does the Airline have to pay out?
Under new rules, any airline company flight leaving an EU airport and any flight into the EU on an EU-based airline must pay flight delay compensation for cancelled or heavily delayed flights unless there are ‘extraordinary circumstances‘. Examples of when the Airline would have to pay out include:
- the pilot was ill and not replaced
- the flight was cancelled because it was under booked
- the plane was late
What are “extraordinary circumstances?”
Extraordinary circumstances to avoid paying flight delay compensation are something unexpected and out of an airline’s control. If for example the airline cited technical or mechanical problems as a reason to refuse to pay you out, it could be argued that an airline should be prepared for mechanical problems and these are therefore not extraordinary. Other examples include:
- sudden severe weather events
- hurricane
- volcanic ash cloud
- technical faults
How much Flight Delay Compensation can you expect?
If your flight is at least 3 hours late arriving you can expect the following:
- €250 (£210) for inter-EU flights of 930 miles or less
- €400 (£330) for flights between 930 and 1,860 miles
- €600 (£500) for flights of 1860 miles+
Will the Airline pay the flight delay compensation out?
Our experience tells us that airlines will fob you off until you give up by claiming that the blame lies with ‘extraordinary circumstances.’
However, extraordinary circumstances are judged to be something unexpected and out of an airline’s control, and it can be argued that an airline should be prepared for mechanical problems as a matter of course and these are not extraordinary.
What Do The Specialists Say?
“We are flight delay compensation Solicitors and act on your behalf on a no win no fee agreement so that you recover the correct amount of flight delay compensation. We know from experience that Airlines will ignore you, fob you off and reject your claim because 90% of people cannot be bothered with the hassle and will just drop it. Let us take the hassle out of your flight delay compensation claim.”