Judge implements decision for the first time after Landmark Ruling for flight delay claims
The number of holidaymakers stuck at an airport up to 20 hours
due to cancellations and delayed flights has been increasing over the years. Holidaymakers are being left tired, agitated and angry ruining the holiday experience
for what is meant to be a holiday that they look forward to.
Following the decision made by the European Court of Justice
in the case of TUI & Others v CAA
in October last year, consumers are entitled to compensation for cancellations and delays
caused by the airline’s failures such as technical faults, incorrect flight bookings and disruptions due to understaffing on flights.
The decision following the ruling has been implemented for the first time
by a Judge in Staffordshire who held in favour of a couple whose flight home from Tenerife with Thomas Cook was delayed for 22 hours
. The claim was initially rejected due to the airline stating that the delay caused was out of its control. However, the flight was actually delayed due to a mechanical fault and so the decision was appealed. A judge awarded the couple compensation of £680
Airlines are however entitled to refuse paying compensation where the delays caused are outside of their control
i.e. bad weather conditions.
The decision made on Monday in Stoke-on-Trent is said to open the floodgates to thousands of complaints from holidaymakers
that have been delayed at airports. Claims can be made as far back as 17th February 2005
which is said to cause the airline major difficulties.
Consumers are to ensure they keep check of any delays and cancellations
as they may be entitled to compensation. This can be anywhere between £200 - £480 depending on the length of the delay and how far consumers are travelling.
|Length of Flight||Time Delayed||Compensation|
|Up to 1,500 km|
London to Paris
|1,500km - 3,500km|
London to Istanbul
London to Caribbean
London to Caribbean
|4 Hours ||£480|
Further information can be found on the Civil Aviation Authority
's website: http://www.caa.co.uk/default.aspx?catid=2211&pageid=12723