Flight Delay Claims Quickly Explained
Was my Flight Delay Covered Under the Law on Flight Delays?
If your flight within Europe or with a European airline was delayed by three hours or more, or cancelled with less than 14 hours notice, you may be eligible for flight delay compensation.
If the airline is not one that is based in the EU or the flight did not depart or arrive in the EU, it may be that the flight does not qualify for flight delay compensation and in that instance, you should deal with the airline direct. For example, a United Airlines flight from Los Angeles to New York is not covered by European law.
The airline must be legally responsible for the delay in order for passengers to make a flight delay claim. For example, the circumstances must be that they have made a booking mistake, or did not have enough staff to man the flight, they cancelled it due to it being under booked or the flight was delayed due to technical issues such as overrunning maintenance on the aircraft. The airline must be at fault and you must land at your destination and have an open aircraft door three hours or more than you were originally expected to, if the flight had been on time.
When Can I Not Make a Claim for a Delayed Flight?
The flight delay must be over three hours, as a delay of less than three hours is not considered to be enough of an inconvenience or disruption in the eyes of the law.
Some circumstances are beyond the airline’s control and they make the flight exempt from a delayed flight claim. For example, natural elements such as extreme weather, volcanic eruptions, earthquakes, etc. are extraordinary circumstances. The same is true of political unrest, terrorist threats (and other security issues), sabotage, airport employee strike action and unforeseeable aircraft technical problems like a newly discovered defective part which is not covered under normal wear and tear.
When Should I Make a Claim for a Delayed Flight?
There is a legal time limit to making a claim for a delayed flight of six years since the flight was delayed and caused you an inconvenience. In addition, the flight delay claim law is as a result of laws passed by Europe called the EU Regulation 261/2004. If and when the UK actually triggers Article 50 and exits from the European Union, this means that Britain no longer has to abide by this law. So it’s important that any relevant claim is started before the UK exit from the EU is finalised as the law may no longer apply.
How Much Could I Claim for a Delayed or Cancelled Flight?
The amount which can be claimed for a delayed or cancelled flight is in a set amount which is payable in Euros, then converted to sterling. Would you believe that in total, a huge £8.3 billion of flight delay compensation has gone unclaimed?
The amount is calculated depending on the length of the delay and the flight distance:
- 3 hour delay or longer over a distance of under 1,500km: €250 (£220)
- 3 hour delay or longer over a distance between 1,500 and 3,500km: €400 (£350)
- 3-4 hour delay over a distance of more than 3,500km from an EU airport to a non-EU airport: €300 (£260)
- 4 hour delay or more over a distance of more than 3,500km from an EU airport to a non-EU airport: €600
Although the conversion rate from Euros to sterling can fluctuate, this can mean a claim award of up to around £520 per person that is inconvenienced by the flight delay.
There’s no requirement for you to take a flight that’s delayed for over five hours. In fact, you’re entitled to a complete refund for that and any connecting or return flights, plus food and drink to sustain you during the delay, and accommodation if the delay lasts overnight. The airline even owes you a couple of free phone calls and access to emails if this happens.
How can Asons help me with a Delayed Flight Claim?
There is a greater risk of a claim being rejected if an individual makes their own flight delay claim. Asons Solicitors can make a claim against the airline, complain to the airline industry regulator and to the European Consumer Centre. If your case is not settled by that stage, we can take the airline to the county court. Even if the judgement goes against you , we can appeal it within 21 days of the court’s decision. Asons claim for you on a ‘no win, no fee’ basis that eliminates any risk to you of having to pay legal fees if the claim is unsuccessful.
Initially, all we need is the flight number and the date that it was due to fly. From this, we can check whether the flight was logged as touching down late at its destination and is therefore eligible for flight delay claims.
Asons Keep It Simple
At Asons we like to keep it simple. We promise to:
- avoid the complicated legal jargon, wherever we can. We ﬁnd it confuses people and makes them feel like they don’t know what’s going on.
- give you a dedicated claims handler, who will deal with your case from the beginning right through to the end. Of course, there may be times when this is not possible. When this happens, you will be kept fully informed of why and who will be taking over.
- explain what’s happening with the case, as it progresses, in a clear and concise manner.
- be available for you when you need us. It’s important that you feel like you can contact us, to ask questions or for clarification, whenever you need to.
In short, we’ll take all the stress, so you don’t have to!
Making a claim for compensation needs to be a matter of urgency. There is what’s called a ‘statute of limitations’ on making claims for compensation. This means you can only do it for up to three years after the accident took place. Trying to start a claim after the three years has passed will be unsuccessful and there are, unfortunately, no exceptions!
‘No Win No Fee’
At Asons Solicitors, we have taken the risk out of making a claim for all of our clients, which is why over 98% of our claims are No Win No Fee. This way, we can allow everyone access to justice, regardless of their financial position. If you choose to make a claim with us, there are no upfront fees or unexpected costs as we take on the risk for you.
More on No Win, No Fee.
The process is easy. All you need to do is contact one of our specialist compensation claim solicitors, for a quick, informal chat. There’s no obligation and it’s free. We’d need just a few minutes of your time to assess the chances of your case being successful. And, if you’d like to go ahead, we can start your case straight away.
In order for our Flight Delay experts to look into your claim we would need:
- The name of the airline
- Flight number
- Flight date
- Departure airport
- Arrival airport
If you need some extra help getting these details then visit this website.