Airlines have continuously been using the Montreal Convention in court as an escape route when claims are made against them. The Montreal Convention is a ruling that states a flight delay compensation claim would have to be submitted within a two-year window for it to be valid. Even though the EC Regulation 261/2004 clearly states that passengers have a maximum of six years to submit a claim due the UK’s statute of limitations. EC Regulation 261/2004 outlines compensation rights for flight delays and is the binding law for any claim for delayed flights that occurred within the EU. This regulation supersedes the Montreal Convention. However, airlines are still defending themselves using the two-year excuse in total desperation.
UK courts are currently trying to tighten these laws to make the process run much smoother. On Monday 12th May, a court of appeal hearing will commence that could potentially open the floodgates to billions of euros worth of flight delay compensation claims. The case is known as the Dawson case, as it involved Mr James Dawson and Thomson airways. Mr Dawson and his wife successfully won their case along with£975 worth of compensation (plus interest) in court back in December 2012. However, Thomson decided to claim for a flight delay appeal to get this money back. Thomson are trying to defend themself using the Montreal Convention, they are refusing to pay-out compensation for flight problems if they are not brought to court within two years. The Montreal Convention is typically used to cover for loss of baggage or if a passenger was harmed during a flight. It generally isn’t supposed to be used to defend flight delays. This is why the verdict of this court hearing will determine whether the huge list of pending claims can be compensated or not. If the verdict is in favour of Mr Dawson then this will encourage thousands of people to come forward that have experienced a flight delay more than two years ago. It will also encourage people who have previously had their claim rejected to resubmit them. The potential losses to the airlines are frightening, leaving people in suspense,waiting to hear the outcome of this court hearing. It was recently estimated that over the past 10 years, £3.2 billion worth of compensation still has not been claimed. Therefore, once this court hearing is adjourned the rules will be more clear-cut and so slowly this lost compensation will begin to reach passengers.
If you have experienced a flight delay over the past six years, don’t hesitate to contact flight delay refunds services such as Blueway Limited (www.flightdelayrefunds.com). Blueway Limited assist passengers to receive the compensation that they deserve. With their expert knowledge, their team of aviation and IT professionals along with the collaboration of their lawyers it will give you the best chance of success. Simply log into their user-friendly website and enter some basic information about your flight to begin the claims process. You won’t believe how easy it is! Don’t delay, contact Blueway today!