The battle continues with Mr Ronald Huzar against airline company Jet2.com. Mr Huzar was initially refused compensation when he took Jet2.com to court on the 10th June 2013, yet when he appealed the decision, the tables turned as the judge was in favour of Mr Huzar’s appeal (flight delay). Jet2.com didn’t like this and so decided to appeal the decision once again which has meant that another court date was set. The reasoning behind the compensation claim against Jet2.com was because Mr Huzar was subject to a 27-hour flight delay whilst travelling from Malaga to Manchester in 2011.
The flight was scheduled to depart from Malaga Airport at 18.25 (local time) and arrive at Manchester Airport at 20.25 (local time) on the 26th October 2011. However the flight actually departed at 21.09 the following day (local time) and arrived in Manchester at 23.28 (local time) on the 27th October 2011. The reason behind the heavy delay was said to be due to an ‘unexpected technical problem’. During the inbound flight to Malaga the left engine fuel advisory light became illuminated which implied a potential defect in the fuel shut-off valve. Jet2.com were not able to fully identify the root of the problem before the airport closed for the night and so when the airport reopened in the morning it was revealed that the problem was simply due to a wiring defect in the fuel valve circuit that needed replacing. Therefore a specialist engineer has to be sent out to Malaga from Leeds Bradford Airport in order to rectify the problem.
Of course passengers were provided with appropriate accommodation and refreshments free of charge for the duration of the delay as is the standard duty of care, but according to EC Regulation 261/2004 passengers are still entitled to claim 400 euros per person due to the circumstances. However, the conundrum that lies within this case is defining whether the airline is to blame or not.
Huzar flight delay development: Jet2.com is defending themselves by using the ‘extraordinary circumstance’ excuse, even though technical issues are in the process of being withdrawn from this category of excuses. An extraordinary circumstance is an unpreventable event that causes a flight delay or cancellation. It has been found that the technical fault and the defected wiring was in fact within its expected lifespan. Airlines are undoubtedly to blame if a faulty part had broken due to not being replaced accordingly. This is why the Huzar case is a difficult one to judge and has drawn much public and media attention. If Mr Huzar wins the case in court against Jet2.com then it could potentially open the floodgates to thousands of similar cases relating to technical faults and flight delay compensation. If you have been subject to a flight delay over the past six years but never made a claim then don’t hesitate to contact companies such as Blueway Limited today!