According to EC Regulation 261/2004 passengers are entitled to claim compensation for any flight delay if it occurred within the past six years. The reason for this six-year time frame is due to the statue of limitations that exist in each country. In England, Wales and Northern Ireland the small claims system will only accept claims within six years and in Scotland within five years. Even though these regulations are in place some airlines are acting ignorantly towards these rules and are trying to say that they will only consider compensation claims for flight delays or cancellations that have occurred within a two-year window. They are using the Montreal Convention to defend themselves. The Montreal Convention acts as a loophole for airlines to essentially exclude four years worth of legitimate claims, saving them billions of pounds. The convention exists in order to cover passengers in the event of lost baggage and air disasters, not flight delays. However airlines are continuously using the convention as an escape route.
The case that has come into the public eye most recently is the Dawson vs Thomson Airways case which is still ongoing. Money Savers have reported that Thomson in particular is the main airline that is continuously using the two-year excuse to defend themselves in court, as well as a few other airlines. The majority of airlines do in fact abide by European Regulation 261/2004 and respect passenger rights whereas others completely disrespect this. Mr Dawson is arguing that passengers do have up to six years to claim flight delay compensation and so he wants to reclaim the Thomson Airways delay compensation that he deserves. Mr Dawson originally won £1000 compensation for a six-and-a-half hour delay that occurred whilst flying to the Dominican Republic on Christmas Day back in 2006. The court hearing was held at Cambridge County Court last year, but after losing the court case Thomson Airways applied for the Court of Appeal to give the case a second opinion, which is why the case has been reopened and is currently ongoing awaiting judgement.
It has been estimated that if the Court of Appeal favours Mr Dawson then it could open the door to over 13 million passengers, all of which wish to file a historical claim. This sums up to a total £4 billion worth of compensation. Therefore if the verdict favours Mr Dawson then the decision will set a binding precedent for all similar compensation claims in England, Wales, Northern Ireland and Scotland. Passengers by law should have six years to claim compensation. It is unjust that a handful of airlines are getting away without paying compensation while the majority of airlines are complying with EU law. Blueway Limited is a flight delay refunds company that can help you win the compensation that you deserve. Do not be put off if your flight delay occurred more than two years ago. You could be entitled to claim up to 600 euros per passenger! Don’t delay, contact Blueway today.