The reality is that it’s more complex than that and we’re going to explain what you can expect for your flight delay claims and your ongoing passenger rights over the coming months and years.
This guide may change depending on the developments in UK government and the timeframes put in place to begin our separation from the EU, so bookmark the page and keep checking back to get the most up to date information.
How it affects existing flight delay compensation claims with Bott and Co
David Cameron has said: “There will be no initial change in how we can travel, how our services and goods can move”.
This is because although the public voted to leave the EU, this referendum is not legally binding so in theory the government could decide not to follow through on the public’s decision.
To start the ball rolling and actually leave the EU the government must serve a notice to quit under Article 50 which then gives the departing country two years to negotiate the terms of leaving the EU.
As a result, we’re able to continue working on your flight delay claims that you’ve already registered with us and it’s very much business as usual.
We’re able to continue working on your flight delay claims…it’s very much business as usual.
If there are any new legal challenges by the airlines we will keep you updated but there’s no new reason for us not to continue being as successful on the current claims as we have been on the previous 168,000 plus.
You don’t need to contact us about your existing claim as we’ll continue working through the process as before and keep you updated through the email system. If you do want to talk to us on another matter then we’re happy to take your call.
How it affects existing flight compensation claims with other companies
If you have a claim direct with the airline or if you have registered a claim with a different company then you will need to contact them to be advised of their position. It may be that claims management companies are less keen to take on claims now that we could be heading out of Europe.
Bott and Co has been in business for over 15 years and as an established law firm we’re confident of continuing to help air passengers with their claims regardless of what happens with the decisions about our membership of the EU.
If you want to take this opportunity to transfer your claim from another company to Bott and Co then we’re happy to hear from you. If you have tried to claim direct from the airline and not been successful then put your details through our flight delay calculator and we’ll get our expert legal team to assess the claim.
How it affects your flight compensation claiming rights today
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).
Right now you’re still covered by Regulation 261/2004
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.
How it may affect your flight delay compensation claiming rights in the future
This is where the waters become even more muddied. No-one is 100% certain what exactly will happen and when.
If the government presses on with the process of leaving the EU then it will serve a notice to quit the EU under Article 50 of the 2009 Lisbon Treaty and then have two years to negotiate its exit. During this time there are almost 7,000 laws and regulations from the EU that will need to be adopted by the UK, unravelled and adapted, or ignored completely.
Regulation 261/2004 is one example of this and there is the possibility that the government could opt in to the regulation despite not being in the EU – this is what Norway, Switzerland, and Iceland have done – and air passenger protection would continue.
If the government decide to adapt the Regulation or create our own version of it then that could well trigger a whole new series of legal challenges by airlines as the law is clarified once more.
If the government decide to leave the EU and ignore this regulation then there could be a scenario in future where other European travellers will have a right to food and drink and hotel accommodation for flight delays while UK passengers are left sleeping on the airport floors as the obligations on the airlines would not exist for those passengers. We would also see flights departing from England on English air carriers (such as Thomas Cook, Monarch, Jet2 and easyJet) no longer covered.
As we learn more about the coming weeks and months and how flight delay claims and air passenger rights are affected we will continue to update you.
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