How Far Back Can You Go With Claiming Flight Delay Compensation!

Posted on May, 8 2015 by Blueway Limited

If your flight is delayed for more than three hours or if it is cancelled, then the EU rule 261/2004 entitles you to a compensation amount ranging from a minimum of €250, which may clock up to €600.  The exact compensation amount depends on the delay and flight duration (distance to be covered).

Claim period

For any European airline claims, you can claim compensation for any past flight delays that you may have faced till the year 2005. However, flight delay claims are harder to cash in case the event took place before 2009. Due to the applicability of the statute of limitations in Northern Ireland, England and Wales, in case you want to drag an airline to the court to get your compensation, you can do so for flight delay claims dating back only to six years. In Scotland, this period is only five years. The flight delay compensation claim rules were modified in October, 2012.

Checking your delayed flight

It may not be possible for you to remember the exact duration by which your flight was delayed, especially if the event took place 4-5 years ago. However, you can verify the duration of the delay online, but keep in mind that you may not find the records of all old flights online.

The airline may try to befuddle you by saying that you cannot claim on flight delays that may have occurred over two years ago. However, the six-year rule is valid in Welsh and English courts, so do not believe your airline on it, instead you can take help from professionals and get your due compensation. In case any airline tries to push you off by giving you false information and denies you your compensation, you can still take it to the court.

Fault of the airline

You can file for flight delay claims under the following scenarios:

–>   Cropping up of technical problems due to component failures or general wear and tear of aircraft parts

–>   European airline claims can be filed when a flight is cancelled due to under-booking

–>   Your European airline claims will also be considered if it is proved that the cause of the delay (of over three hours) was the carelessness of the airline company to submit all the necessary documentation in time.

Scottish cases

If you wish to file flight delay compensation claims in Scotland, then you first have to raise a complaint with the concerned airline. In case your request is rejected, you can complain about it to the applicable regulator or to the European Consumer Center (ECC), whichever option is relevant. If the case is rejected by the ECC or the regulator, then you probably may not have any other option than to accept it.

Non-UK claims

While it is theoretically possible for you to claim compensation for flight delays dating back to 2009, it could be tough to do the same outside the United Kingdom. Every nation has its own kind of statute of limitations, which govern the time period for which claims can be made.

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