If your flight is delayed by more than three hours and if the airline could have avoided the delay, it is only right and fair that you receive compensation for the trouble that you have been put through. Once you have determined that you are eligible to claim flight delay compensation, you may want to know the amount that you can get. Note that you may also be eligible for flight delay refunds apart from the compensation.
Recently, in Jet2.com Limited Vs Huzar, the Supreme Court ruled that Jet2 had to pay compensation to Mr. Huzar for a 27-hour delay in his Malaga to Manchester flight. The airline’s stand was that it was not liable to pay any compensation because the flight was delayed due to a technical problem, outside its control.
The Supreme Court disagreed and said that technical problems could not be considered extraordinary circumstances (EU Regulation 261/2004 says that if a flight lands more than three hours late, passengers are entitled to get a compensation from the airline, unless the delay was caused by ‘extraordinary circumstances’). In another case, the Supreme Court ruled that a passenger had the right to receive compensation even five years after a flight delay.
What do the rules say about claiming compensation?
As a result of these judgements, more flyers have become eligible to claim flight delay compensation from airline operators. In such a case, you can file a compensation claim against the airline and if it refuses to pay you, you can decide if you want to take the matter to court.
First, let us look at what the EU regulation says on the matter. According to EU Regulation 261/2004, passengers can claim up to £465 for flight delays, as along as they can back it up with a valid reason.
What quantum of compensation are you are eligible for?
If the delay is under 2 hours, you cannot claim compensation, no matter the distance between your stops. If the delay is between 2 hours and 2 hours fifty nine minutes, you can ask for flight delay refunds, but you will not receive any compensation. If the delay is more than 3 hours and if the flight distance is under 1500 km, you can get a ticket refund and a compensation of £190. If the flight distance is between 1500 to 3500 km, you can get a ticket refund and a compensation of £310. If you are travelling in the EU, covering a distance of more than 1500 km and the flight is delayed by over 3 hours, you can get a ticket refund and a compensation of £310.
If you are catching a flight between a EU and non-EU airport, and the flight is delayed by more than 4 hours, you are eligible for a ticket refund as well as a compensation of £460.