We’ve helped over 12,000 passengers with their claims in the first year of operation and in that time we’ve heard some horror stories of ruined holidays, missed business meetings and honeymoon disasters.
We continue to highlight these cases in order to bring the situation to the public’s attention with the hope airlines will improve their service.
A mother and her six-year-old son were stranded at Dusseldorf Airport with no help or assistance when their Flybe flight was delayed for more than four hours. Despite Flybe dismissing Ms Hall’s claim when she contacted them directly, after instructing Bott & Co, we recovered €500 for her and her son within six days.
A family had their holiday ruined after being delayed for 12 hours in Turkey waiting for a Thomas Cook flight, eventually being flown to Manchester airport and driven by coach back to East Midlands. Mrs Sheriston told Bott & Co that ‘the flight home is now the lasting memory…this delay ruined the holiday’. Having not received compensation from Thomas Cook, Mrs Sheriston was delighted when Bott & Co recovered €400 for each member of the family within 14 days of being instructed.
We have even settled a claim for a lawyer who contacted us after hearing our flight delay compensation department Team Leader, Kevin Clarke, talk about flight delay compensation on BBC Radio 4 and who had been unable to successfully claim from easyJet despite trying for five years.
Bott & Co recovered his compensation within a month of taking on the claim.
In addition to our appearance on Radio 4, our flight delay compensation team is regularly asked for comment by national newspapers including The Daily Mail, The Daily Telegraph and The Guardian.
How Brexit Affects Your Claiming Rights
Right now you’re still covered by Regulation 261/2004 and you can benefit from the air passenger rights for care and assistance during delays of more than two hours (depending on the distance of the flight) and for claims for compensation of up to €600 for delays of more than three hours (depending on the flight distance).
If you have experienced a flight delay of more than three hours in the last six years and are yet to put in a claim for compensation then we would recommend you submit your details through our flight delay calculator as soon as possible while we have a clearer picture of your passenger rights.
As we learn more over the coming weeks and months and how flight delay claims and air passenger rights are affected we will continue to update you.
Frequently Asked Questions
We’ve represented over 13,000 passengers over the last 12 months, and not surprisingly we get asked a number of questions on the laws, airlines responses, and flight delay compensation in general. The most common questions we hear are;
How Far Back Can I Claim?
The EU regulations allow you to claim for any flight delay since the regulations were introduced in 2005 but as the limitation date for this type of claim is 6 years if it was to go to court, it is highly unlikely an airline will pay out for flights older than 6 years.
Some airlines are arguing that limitation should be only 2 years as per the Montreal Convention but this is not correct. We are handling the lead case on this point at the Court of Appeal in 2014 to attempt to get this confirmed for the benefit of passengers with flight delays more than 2 years old.
How Long Does The Claim Process Take?
The length of time it takes for the process to be completed depends on the route that you take.
The airlines do not have to respond to you within an official time limit, and in some cases letters sent directly to the airlines have been ignored.
It can be a long drawn out process in cases where you have a valid claim but have the airline dispute the claim.
The CAA have publicly stated that they have a backlog of claims and that it may be an extended period of time before you heard back from them.
The length of time a claim can be settled depends on the claim and the airline involved. More often than not, the process is months, not weeks, and in some cases years.
The process is sped up substantially when using Bott & Co. We issue court proceedings if we do not receive a response from the airline within 30 days. Our current record for successfully claiming is 4 days, while on average it takes us 11 weeks.
Can I Claim if my flight was diverted to a different airport?
If your flight was diverted to a different airport then you may be able to claim compensation if you arrived at your final destination more than 3 hours later than planned.
However, you will not be entitled to compensation if the diversion/delay was caused by extraordinary circumstances. In the case of a diversion this is often caused by bad weather, lightning strikes, and medical emergencies, all of which are classed as extraordinary circumstances.
Can I Claim if I was put on a different airline?
If your flight is delayed and you’re put on another flight with another airline, which arrives more than 3 hour late then you’re still entitled to claim compensation against the airline that was supposed to operate your first flight
Can I Claim if I accept a booking for a different flight?
The most important question is what time the flight arrived. If the flight departed more than 3 hours late, but then made up time in the air, thus landing less than 3 hours late then you cannot claim compensation. If however you departed 3 or more hours late and also arrived 3 or more house late then you are entitled to compensation.
Can I Claim if I missed a connecting flight?
If you have more than 1 flight booked on the same booking then you are entitled to claim compensation if you arrive at your final destination more than 3 hour late, even if the initial delay was delayed less than 3 hours.
Take for example a passenger who is booked to fly from London to Sydney via Dubai. Their flight to Dubai is delayed by last 30 minutes; however this causes them to miss their connecting flight to Sydney. Instead they’re put on a replacement flight later in the afternoon and they eventually arrive at Sydney 4 hours later than planned.
In that example the passenger is entitled to compensation of €600 even though the delay to Dubai was only 30 minutes.
Can I claim for an infant?
You can claim for an infant as long as you paid something for their ticket. This applies even if they didn’t have their own seat and even if you only paid a small amount for their ticket.
Can I claim even though I didn’t pay for my ticket?
Yes, you can still claim as long somebody paid for the ticket, i.e. you were not travelling free of charge. It is the passenger that is entitled to compensation, not the person that paid for the ticket.
How much does it cost to make my own claim?
If you wish to claim yourself then you will have to pay the Court fee, allocation questionnaire fee and hearing fee.
The Court fee varies depending on the amount you are claiming but can be as high as £245 if you have 10 or more passengers.
The allocation questionnaire fee is typically £45.00 and the hearing fee is £150.00.
I’m worried about ticket prices increasing if I claim.
Don’t worry! Because of the very low number of instances that airlines have to pay out on, the impact on ticket prices is negligible. First and foremost the airlines should not be passing the cost on to consumers, the Regulation is there to make sure they improve their service and passing the cost on to you to continue operating as they were is not in the spirit of the legislation.
More importantly, even if 100% of people eligible for compensation were paid by the airlines, this is only the equivalent of £2.50 on each ticket. At the moment the figures are around only 2% of people claiming so there is minimal effect on ticket prices.
Despite this, Ryanair have been charging a compulsory EU261 levy for a number of years and although this charge is €2.50 they are still very reluctant to pay out on valid claims, meaning they have profited from the Regulation to the tune of hundreds of millions of pounds each year.
What is the aim of these regulations?
These regulations were put in place to protect passengers and they have been fought throughout Europe over the last 8 years. Since the Nelson judgment was handed down on the 23rd of October 2012 there has been a marked change in the attitude of airlines in the Netherlands.
Airlines have acknowledged their liability under the regulations, acknowledge that they have ran their arguments to the highest authority and appear to have come to the conclusion that they must either change their business practise or deal with their liability.
Airlines have acknowledged their liability under the regulations, acknowledge that they have ran their arguments to the highest authority and appear to have come to the conclusion that they must either change their business practise or deal with their liability. There have been stark examples of airlines changing their schedules, making themselves better organised and as a result providing a better service :-
Between the 1st of July and 22nd of August 2011 KLM flew 32132 flights and had 286 flights which qualified for compensation – ie. Were delayed more than 3 hours, or cancelled. Similarly, Transavia flew 6334 flights and had 60 which qualified.
Between the same comparable period in 2013 (1st of July to 22nd of August) KLM flew 33820 flights and had 238 which qualified for compensation – so despite flying 5.25% more flights they have had 48 fewer qualifying flights (16.8%).
For Transavia, they flew 6538 flights and had 42 which qualified for compensation – so 3.2% more flights and 30% less qualifying flights.
These are the regulations being applied properly leading to better protection for passengers. This has to be the aim for all of us in the UK determined to fight for passenger’s rights.
For further information on claiming, please contact our flight delay compensation claims department
More Information About Flight Delay Compensation
Make A Flight Compensation Claim
Frequently Asked Questions
Guides To Claiming