HOW long should you have to wait for compensation for a delayed flight? In the case of one lawyer and his family, it was seven years — but others may wait even longer.
Leo McKee, 46, made a £2,200 claim after a Thomas Cook Airlines flight from Belfast to Cancun, Mexico, was delayed by almost 26 hours in July 2008, because of a technical fault with the aircraft.
But the case has been delayed pending the outcome of six court cases. Each has dealt with details of an EU regulation on compensation.
Under the rule, introduced a decade ago, airlines must pay compensation of about £180 to £430 if a passenger arrives at their destination three or more hours later than scheduled. Airlines can refuse payment only if the delay was due to an “extraordinary circumstance” that was beyond their control, such as a security threat, industrial action or extreme weather conditions.
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However, carriers have repeatedly refused or delayed payments, arguing over the rules in courts in Britain and on the Continent. The compensation is not paid automatically: each passenger must submit a claim to the airline.
The case of McKee, from Ballymena, Northern Ireland, was the longest outstanding of 10,000 managed by the claims lawyer Bott & Co. About a third of its claimants have been waiting less than a year, but 5.5% have waited more than five and 1.2% more than six years.
The latest challenge by airlines is whether a “spontaneous” technical fault, as opposed to one detected during maintenance, constitutes an “extraordinary circumstance”.
In October, the Supreme Court ruled that a “spontaneous” fault could not be classed as an extraordinary circumstance, so airlines had to pay up. Five carriers — Thomas Cook, Jet2, Ryanair, Flybe and Wizzair — said they would continue to withhold compensation until a similar case was resolved in the Dutch courts.
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Last month, however, a judge at Liverpool county court said Jet2 could not use this as an excuse not to pay because the Supreme Court — the highest court in the land — had made a decision. The judge said: “A line should now be drawn. Justice delayed is justice denied.” He added that passengers feel they are “on an airline-driven merry-go-round that shows no sign of stopping”.
The news was hailed as a turning point for claimants, but Ryanair told The Sunday Times last week that it would fight the Liverpool court decision, potentially adding another lengthy delay. “We have instructed our lawyers to appeal this ruling,” it said.
The Civil Aviation Authority said it is reviewing airlines’ policies towards paying compensation and will publish the outcome in the coming weeks. It said: “The Liverpool judgment reaffirms our longstanding view that airlines should abide by the ruling handed down by the Supreme Court last year. There is no reason for airlines to place claims on hold and we fully expect them to pay passengers the compensation they are due.”
Thomas Cook said last week that it would pay compensation to McKee, and not join Ryanair’s appeal. “We will continue to review all claims on a case-by-case basis to establish the reasons for a delay, whether technical or otherwise,” the carrier said.
Flybe also said it would not join Ryanair’s appeal. It has set aside £6m to compensate an estimated 13,800 claimants, but may change its position if the Dutch courts rule against the claimant there. Jet2 and Wizzair said they were still considering their position following the Liverpool court decision.
What am I entitled to?
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You can claim compensation if you are flying from an airport within the EU, or you are travelling on an airline that has its head office in the EU and are landing at an EU airport. For example, an Air India flight from Heathrow to Delhi would qualify because it leaves from an EU airport, but an Air India trip from Delhi to Heathrow would not qualify.
The amount of compensation depends on the length of the journey and the delay. If the delay is three hours or more from the scheduled arrival time and the trip is less than 1,500km — for example, from London to Paris — you can claim the minimum €250 (about £181 at the current exchange rate). If the flight is 1,500km to 3,500km — say, from Manchester to Malaga — you can claim €400. The maximum €600 can be claimed if a flight is delayed for more than four hours and it is more than 3,500km.
Free template letters, setting out how to word claims, are available on websites, including that of Which?. If you use a claims lawyer, expect to lose about 30% of any payout.
When is the best time to book a flight?
For a trip overseas, about eight weeks in advance of the departure date is the best time to secure the cheapest deals, according to analysis by the travel search engine Skyscanner. Flying midweek or in the last week of the school summer holiday can also save money, according to the study, which looked at 250m flights booked last year.
Some destinations require earlier booking for the best rates. If you are flying to America, book 22 weeks in advance. Those able to do so save an average 8.7%, or about £53, on the typical adult return price of £614. This is an average across all American airports.
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If flying to Portugal or Spain, the best savings can be found five and seven weeks in advance respectively. One of the biggest savings was 18.6% if you book a trip to France 13 weeks in advance.
Travelling near the end of the school summer holiday, rather than in the first week, could save a family of four flying to Portugal almost 20%, or £175. A family of four heading to America could save £1,000 this way, according to the Skyscanner analysis.