Judge implements decision for the first time after Landmark Ruling for flight delay claims

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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.

Flight Delays for Holidaymakers

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
3 Hours
£200
1,500km - 3,500km
London to Istanbul
3 Hours
£320
3,500km+
London to Caribbean
3-4 Hours
£240
3,500km+
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


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