CAA issues new advice to delayed passengers following court ruling
The Civil Aviation Authority is issuing new advice to passengers after Europe’s highest court ruled that those who are delayed by three hours or more are entitled to claim compensation from the airlines (see previous story).
The European Court of Justice ruling rejected claims by TUI Travel, British Airways and easyJet that under European law passengers were only entitled to financial compensation for cancellations.
It said those whose flights were delayed were entitled to up to €600 (£480m) unless the cause of the delay was outside the airline’s control, for example adverse weather or unannounced strike action.
The CAA has updated its Passenger Portal , a dedicated passenger advice section of its website, to ensure people have access to clear information about their rights and know what to do if they have a complaint.
Flight-delayed.co.uk, which helps consumers process claims against airlines, said passengers who had suffered delays might be owed a total of €90m in retrospective claims.
CAA director of regulatory policy Iain Osborne said: "Today’s judgment from the Court of Justice of the European Union offers much needed clarity for passengers, the airline industry and the CAA about when compensation must be paid following delays."
As the UK’s enforcement body, the CAA provides a free mediation service to any passenger having trouble resolving complaints against airlines or airports, he said. Before contacting the CAA, passengers should contact the airline first, to give them an opportunity to consider their claim.
More information about the CAA’s Passenger Advice and Complaints Team can be found here.
Following today’s court ruling, BA said it "will continue to comply with the regulations" but refused to say how much the decision would cost the airline in compensation claims to date.
TUI Travel also declined to put a figure on the cost of compensation, but said it was "committed to treating customers fairly".
The European Union is currently reviewing compensation payments to passengers under the EC Regulation 261/2004 rules. TUI said: "We will continue to work with the European institutions to ensure that the underlying legislation is revised such that it strikes the right balance for passengers and airlines."
By Linsey McNeill
Linsey McNeill
Editor Linsey McNeill has been writing about travel for more than three decades. Bylines include The Times, Telegraph, Observer, Guardian and Which? plus the South China Morning Post. She also shares insider tips on thetraveljournalist.co.uk
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