According to new flight compensation rules established by the EU, passengers who are affected by delays in a connecting flight outside of the EU will be eligible for flight delay compensation. This means that passengers may now be able to claim up to £530, depending on the exact factors involved in causing the delay.
Prior to this, passengers were only eligible for compensation if their flight was on an EU-based carrier or if they were flying out of a European country. Plus, there is also the delay condition – the rules don’t apply to flights delayed by less than 3 hours.
In other words, a passenger flying from the UK to Australia, with a connection in UAE would not be eligible if their flight from the UAE was delayed or canceled. This is because the connecting flight isn’t operating under EU airspace.
However, the new rules make it possible for passengers to claim compensation even if their connecting flight isn’t exiting from an EU airport. For the claim to be valid, the passenger simply has to prove that they checked in at an EU airport.
Compensation value unknown
As stated earlier, the exact value of the compensation will vary based on multiple factors. However, based on the rules that currently apply to flight delays occurring at an EU airport, it can be estimated that passengers will be eligible for up to €250 or £229 for short-haul flights. As for mid-haul and long-haul flights, the figures could be €400 (£367) and €600 (£530), respectively,
According to an expert on flight delay compensations, the new rule is much welcome as it offers protection to passengers on connecting flights, which wasn’t the case previously.
Old conditions still apply
Of course, the old rules are still very much at play, which means that the same conditions apply. That means delays caused due to “uncontrollable” or “extreme” circumstances aren’t included under the compensation clause. This includes bad weather and strikes outside of the purview of the trade unions.
Also, passengers will not be eligible for the claim if they’re flying with a non-EU regulated carrier or haven’t checked in at an EU airport. However, to best understand your individual situation as a passenger, experts suggest contacting the carrier for more information.
In the case that the carrier isn’t proving to be helpful, experts suggest getting in touch with the CAA (Civil Aviation Authority) and register a complaint with them.
The Emirates, which refused to pay compensation to one of its passengers owing to the fact that the delayed flight operated outside the EU, will now be liable according to the new ruling. The Emirates, which tried to appeal against the Supreme Court’s orders to pay up compensation claims, will not be able to do so now.
The new ruling also confirms the CAA’s interpretation of EC 261/2004. The aviation authority has now commenced its action against 5 airlines, including Emirates, for refusing to compensate passengers who had suffered long delays due to missed connections outside the EU.