High Court restricts air- passenger rights
The UK High Court has overturned a European Court ruling that gave passengers compensation rights if they faced delays of more than three hours
The UK High Court has just overturned a European Court of Justice (ECJ) ruling that gave airline passengers the right to compensation if they had been delayed by more than three hours. Before that ruling, passengers were granted compensation only if flights were cancelled.
Why has this happened?
In November 2010 the ECJ granted passengers the right to demand cash — between £206 and £495 — if their flight had been delayed by three hours or more. But airlines, including British Airways and EasyJet, fought back, persuading the UK court to look at the ruling. It has, and has referred the matter back to the ECJ, which will rule again, in two years. Meanwhile, we are back to square one, with compensation being paid out only for cancellations.
So, if my flight’s late, what are my rights now?
After two hours, you demand two free phone calls, food and water. After five hours, you can get your money back and buy another flight. If it’s overnight, you get a hotel. And if it cancelled, you are entitled to the next available flight, plus up to £495 — unless “extraordinary circumstances” (including bad weather and, strikes) get the airline off the hook.
And what’s the difference between a delay and a cancellation?
Legally, that has not been defined — which is crucial. For a long time that some airlines avoid paying compensation by confusing cancellations and delays on purpose. Your rule of thumb should be: if my flight number has changed, that is a cancellation-pay up.
If the airline will not pay up, employ a Rottweiler, who will put a rocket under them for a fixed fee of £195 including VAT.
Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
