A delayed or cancelled flight can be a really stressful situation. It can mean you lose some of your holiday and can cause distress, especially if you are travelling with young children and delayed overnight. Luckily, in 2012 the European Court of Justice ruled that you can claim for delayed flights, despite some airlines opposing this, or attempting to block older claims or claims relating to a technical fault. So, we’ve established that you can claim, so how do you do it?
When can I claim for a flight delay?
You can put in a claim for a delayed flight if it was delayed for more than three hours or cancelled. You can only claim for flights which departed from an EU airport and realistically, you shouldn’t go back any further than 2010 (6 years). The delay has to have been the fault of the airline, so you can’t claim because of bad weather or a terrorist threat. If you are unsure how long your delay was, you can use Flightstats to check it. The crucial element is that the delay goes on when your flight arrives– for example, if your flight took off 4 hours late, but only landed two and a half hours late, you wouldn’t be able to claim. Compensation is paid per person and will be based in Euros, so what you receive may fluctuate depending on the exchange rate at the time of your claim, however it shouldn’t vary too wildly. For example, if you received a compensation amount of 120 Euros at the time of writing, you would get £94.
How to claim for a flight delay?
The easiest way to claim for a delayed flight is to use the Moneysavingexpert letter template or online reclaim tool, both of which are free of charge. This ensures that your complaint will be worded correctly, which means it could be more likely to be successful. It could be tempting to try to claim through a claims company, but it’s so easy to claim when you use the tools on the Moneysavingexpert website, that it isn’t worth having to share some of your compensation fee with a claims company. If the claim becomes complex and you need to bring in a legal advisor, use a reputable solicitor who specialises in this type of claim. Claims typically take anywhere from 4-12 weeks depending on how busy the airline’s claims department is. You should also consider that excessive claims for compensation could push up flight prices. Therefore, the advice isn’t to claim if you had an easy 3 hour delay in the airport (and by easy we mean spent in the airport bar!) but if you had a 12 hour delay with young children, go ahead.
What happens after I claim?
Compensation is set at specific levels depending on how long the delay and length of flight was. As such, there can only be two outcomes of a claim- accepted or rejected. Occasionally, the airline can put your claim on hold. You can take your claim to a regulator if you believe it has been wrongly rejected or if the airline has ignored it. In October 2015, the Civil Aviation Authority (CAA) ruled that an independent ombudsman can deal with claims. Last month, the Centre for Effective Dispute Resolution launched. However, only Thomson has signed up so far, with more airlines due to join later in the year. Some airlines are still saying no even after the CAA or a regulator has said that there is a valid claim, but regulators don’t have the power to force them to pay out. If your claim is rejected even after going to a regulator, your next option is a small claims court. Similarly, this is the only way to make an airline deal with your complaint if it has been on hold for a long time. You don’t have to physically go to court, you can process a claim online. If your claim is nearing the six year time limit, you’ll have to file proceedings quickly to get your case heard. The court will try to determine the cause of the delay but it is the airline’s word against yours, so try to recall what staff told you about the delay as if you think the airline is citing the wrong reason for a delay, it could help you win your case.
At the airport
If your flight is delayed for more than two hours, you have a legal right to ensure your wellbeing isn’t affected. You have a legal right to food and drink, access to phone calls and your emails and accommodation if your delay occurs overnight, as well as journeys between airports and hotels. If you are not given help at the airport, such as vouchers, make sure to keep hold of any receipts. Bear in mind that airlines will only reimburse for ‘reasonable expenses’ so not for alcohol or expensive meals. Always speak to staff at the airport if you are not offered any help, as they would prefer to keep you happy there and then rather than face further complaints down the line.
Here are some airline contact numbers to help you begin the complaints process:
Virgin Atlantic contact number
Have you struggled to get compensation for a delayed flight? Let us know!
