We Are Now Landing At Your Destination… Late
A landmark ruling that is set to change the landscape of holiday law was handed down today
. Rules regarding flight delays and cancellations look to be changing in favour of the passengers
after today's Court of Appeal win against Thomson.
How Long Do I Have to Make a Claim?
Time limits on when you can make a claim are extremely important. A day or 2 can make the difference between whether you see any compensation or none at all. But after today, more people may be lodging claims
following this high profile Court of Appeal decision.
A passenger who had a delayed flight with well-known tour operator Thomson, wanted to make a claim for his flight delay, which occurred over 2 years ago. He was arguing that the time limit for bringing a claim for a delayed flight should be 6 years
. Thomson thought otherwise and said that it should be 2 years as stated in the Montreal Convention.
The Montreal Convention
is the primary piece of law that deals with carriage by air i.e. travelling by airplane. Following this decision, the courts have made it clear again that a passenger has 6 years
to bring a flight delay or cancellation claim.
There are 2 pieces of law recognised by the courts here in England and in Europe that say how much compensation you could gain for an flight delay claim. This was made even more clear following the Jet2.com ruling in which tour operators can no longer shirk their responsibility
to pay compensation by saying the delay was due to "extraordinary circumstances"
, usually put down to mechanical delays
Jet2.com is adamant they will appeal this decision, however, if it sticks, this could be the beginning of a cascade of claims
based on delayed or cancelled flights.
What Does This Mean For Me?
The result of these 2 cases combined means that if your flight was delayed or cancelled 6 years ago
or your tour operator tried to blame it on a "technical" or "mechanical" fault then you can claim compensation for your inconvenience.
This is a landmark and momentous moment for passengers who, as we have seen over the past few weeks, are experiencing ridiculously long delays
. To make the process even easier, claiming for compensation of this kind can be done without
the help of a solicitor.
You can claim compensation in 3 easy steps:
- Complain to the airline, if you're not successful
- Complain to the regulator, and if you're still not successful
- Take your case to the court
For help and advice on how to make a flight delay claim visit moneysavingexpert.com