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Published on Friday, November 20, 2009

Passenger groups hail ‘historic’ airline delay compensation ruling



Consumer groups have hailed as ‘historic’ a European decision to requiring airlines to compensate travellers for long flight delays.
The ruling will require airlines in the European Union to compensate victims of mass delays for which they are responsible.
Passengers who are forced to wait three hours or more will be compensated 600 euros, the same as if their flight had been cancelled, the European Court of Justice in Luxembourg decided yesterday.
Airlines will be required not to cancel a flight unless it fits strict criteria set down in the new law.
The ruling stated: “Passengers on a flight which is cancelled at short notice have a right to compensation, even when they are re-routed by the airline on another flight, if they lose three hours or more in relation to the duration originally planned."
The judges said that a technical problem with an aircraft could not be regarded as an "extraordinary circumstance", unless the problem stemmed from events which "by their nature or origin are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control".

The ruling came in a judgment clarifying a five-year-old EU regulation which grants flat-rate compensation for cancelled flights of between 250 euros and 600 euros (£223 to £535).

The judges said that regulation did not expressly provide that passengers whose flights are delayed also have such a right.

They were dealing with cases referred from German and Austrian courts in which passengers claimed compensation after facing delays.

Rochelle Turner from Which? Holiday said: “This is great news for air passengers. 
“We hear all too often of people who are delayed for hours at the airport, often without any information about when their flight will finally leave, and are then offered no compensation.
“This judgment means that consumers will now be compensated properly for long and often frustrating delays, and not just when the airline takes the decision to cancel a flight.”
Global airline passenger consumer group president Kate Hanni described the decision as “an important step forward in creating a legal acknowledgment that the rights of victims, abused and ignored by the big airlines for far too long, will be given priority over the bloodless corporations that have simply taken it for granted that they engage in any behaviour, no matter how injurious it is to consumers, without fearing repercussion”.
She added: “Imagine being stuffed like a sardine in a hot metal tube, without working toilets, food or water or access to medicines for over three hours, with no rights?”
Hendrik Noorderhaven of EU Claim, European counterpart, said: “This is a historic decision for airline passengers in the EU, and in particular, any passengers travelling to the EU who suffer through anything greater than a three hour delay.
“They will now be reimbursed for this suffering with cash.”
*What are passengers currently entitled to?
  • Two free phone calls, faxes or e-mails; and
  • free meals and refreshments appropriate to the delay
  • free hotel accommodation and hotel transfers if an overnight stay is required
  • If the delay lasts for five hours or more, you can choose not to travel and get a refund of your ticket cost.
When you're entitled to it:
  • When a flight under 932 miles (for example, London to Venice) is delayed for more than two hours.
  • When a flight within the EU that is more than 932 miles (for example, London to Athens) is delayed for more than 3 hours.
  • When a flight that isn't within the EU but is between 932 and 2,174 miles is delayed by more than 3 hours.
  • When any other flight is delayed for more than four hours.
(Source Which? Holiday)
by Phil Davies 

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  • Will this affect safety?

    Isn't there the slightest risk that a small fault may not be investigated fully and a plane sent off because it would take over 3 hours to fix the problem?

    By John Ette, Sunday, November 22, 2009

  • see line 6.......

    surely the operative words in th is article are 'for which they are responsible' many times are delays accounted for in a manner slanted to emphasise that the airine is NOT in fact responsible, and therefore not liable.

    By diana giannoulis, Friday, November 20, 2009

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