Technical Issues With Your Plane? When Can You Claim Compensation For Flight Delays And Cancellations For Technical Problems And Faults?

When Can You Claim Flight Compensation For A Technical Issue?

You may be entitled to claim flight compensation if a technical issue with the aircraft causes you to arrive at your final destination more than 3 hours late and the problem was within the airline’s control.

Technical problems with an aircraft are generally considered to be the airline’s responsibility when they arise as part of the normal operation and maintenance of the plane.

This can include mechanical faults or problems discovered during routine maintenance and safety checks.

However, for some technical problems, you would not be able to claim compensation. These are usually cases where the technical issue was caused by something outside the airline’s control rather than by the normal operation or maintenance of the aircraft.

For example, this could include a hidden manufacturing defect that the airline could not reasonably have identified or prevented, or damage to the aircraft caused by an outside event such as sabotage or vandalism.

In these circumstances, the airline may be able to argue that the technical problem was an extraordinary circumstance and that compensation is not payable.

What Does EU261 Consider To Be A Technical Issue?

EU Reg 261 and UK261 classify technical issues or faults on an aircraft as the airline’s responsibility, and managing such issues is inherent in running an airline.

However, there has been some confusion about whether a technical problem with the plane is the same as a hidden manufacturing defect. The two are very different and determine whether you are eligible to claim.

We helped clarify this area of law through several landmark cases, including Huzar v Jet2, which we took to the Supreme Court. The case helped establish that technical problems which arise as part of the normal operation of an aircraft cannot simply be classed as extraordinary circumstances.

The decision opened the door for millions of UK passengers to claim compensation when their flights were delayed or cancelled due to technical issues.

What Is The Difference Between A Technical Issue And A Hidden Manufacturing Defect?

Since 2013, we have represented thousands of airline passengers whose compensation claims have been rejected by airlines after a technical issue had delayed or cancelled their flight.

In some cases, airlines have argued that the problem was a hidden manufacturing defect rather than a technical fault.

Technical problems that arise as part of the normal operation or maintenance of an aircraft are the airline’s responsibility. A genuine hidden manufacturing defect, however, can be classed as an extraordinary circumstance, meaning the airline may not have to pay compensation.

However, a hidden manufacturing defect is very different from an everyday technical problem with an aircraft. It would usually involve a defect identified by the aircraft manufacturer or another relevant authority that affects the safety of the aircraft and could lead to the plane or fleet being grounded or recalled.

If your claim for compensation has been rejected by the airlines citing a hidden manufacturing defect as the cause, you may want to review your claim to check it was not simply a technical issue.

How Do I Claim Flight Compensation For A Technical Fault With The Plane?

You may be able to claim up to £520 in compensation if a technical issue with the plane causes your flight to be cancelled or to arrive more than 3 hours later than scheduled.

Technical problems that arise as part of the normal operation or maintenance of an aircraft are considered to be the airline’s responsibility and would not usually be classed as an extraordinary circumstance.

The easiest way to check if you can claim is to enter your flight details into our free flight compensation calculator.

We’ll check your flight and let you know instantly whether you may have a right to claim and how much compensation you could receive.

How Much Compensation Can I Claim For A Flight Delay Caused By A Technical Fault?

The maximum amount of compensation you can claim for a flight delay caused by a technical fault is £520 per passenger. How much you can claim will depend on the length of your delay and the distance of your flight.

The longer you are delayed and the further you are travelling, the more compensation you may be entitled to receive. The compensation amounts are fixed and not based on the price of your ticket.

Our table below shows how much compensation you may be able to claim.

What Are My Rights If My Flight Has Been Cancelled Because Of A Technical Issue?

If your flight has been cancelled due to a technical issue with the aircraft, the airline must offer you the choice between a replacement flight to your final destination and a full refund if you no longer wish to travel.

If you choose a replacement flight and have to wait at the airport, the airline must also provide care and assistance. Depending on how long you are delayed, this can include food and drink, hotel accommodation if an overnight stay is necessary, and transport between the airport and your hotel.

You may also have a right to claim up to £520 in compensation if your replacement flight departs more than 2 hours earlier, or arrives more than 3 hours later than your originally scheduled flight.

How Do I Know If My Flight Is Eligible For Compensation For A Technical Fault?

If a technical issue caused your flight to be delayed or cancelled, the flight will need to be covered by UK261 or EU261 for you to have a right to claim compensation.

UK261 and EU261 cover the following flights:

• Any flight departing from a UK or EU airport
• Any flight arriving in the UK or EU when operated by a UK or EU airline.

In England, Wales and Northern Ireland, you have up to six years from the date of your flight to start a claim. In Scotland, the time limit is five years.

What Are The Key Court Cases Relating To Technical Issues And Flight Compensation Under EU261?

There have been a number of landmark cases that have established the difference between technical issues, faults and hidden manufacturing defects.

Wallentin v Hermann

The case that first established what was classed as a hidden manufacturing defect as an extraordinary circumstance is Wallentin vs. Hermann.

The airline claimed that a turbine engine failure was an extraordinary circumstance. The airline appealed to the European Court of Justice and lost, with the court ruling in favour of the passenger.

Van Der Lans v KLM

Van Der Lans vs KLM, expanded on this, suggesting that a technical defect to be extraordinary would require disclosure of a hidden manufacturing defect by the aircraft manufacturer or a competent authority that impinged on flight safety.

We handled the leading appeal case in the UK, Munius vs Jet2, which established that a hidden manufacturing defect needed to meet all of the following criteria:

• The technical defect must be due to a fault in the manufacture of the aircraft or a particular component
• The fault must affect an entire fleet of aircraft
• The fault must have been notified by the manufacturer or a competent authority (Such as the CAA)
• The fault must be ‘hidden’ (i.e. unbeknown to the airline)
• The fault must impact flight safety.

An example was when the Dreamliner aircraft were grounded due to battery issues. This was extraordinary because:-

• It was a fault with the manufacturing/design of the batteries.
• It affected all Dreamliners.
• The FAA ordered that all such aircraft be grounded immediately.
• The airlines were previously unaware of the relevant issue.
• The fault impacted flight safety, as the batteries were liable to combust.

Such faults were in stark contrast to the technical issue that caused our client’s delay – a leaking side panel.

It was not hidden as the airline had been aware of the issues for years. The defect did not impact flight safety, as the airline was clearly happy to continue operating the aircraft despite being aware of this ongoing issue.

Huzar v Jet2

Receiving considerable national media coverage, we helped our client win in Huzar vs. Jet2 at the Supreme Court.

Mr Huzar initially wrote to the airline directly to claim compensation after experiencing a 27-hour delay from Malaga to Manchester with his wife and granddaughter.

The airline refused to pay compensation on the basis that the technical fault that delayed the flight was an extraordinary circumstance.

Mr Huzar decided to go to court and issued proceedings against the airline. The judge found in favour of the airline, and at this point, Mr Huzar decided to contact Bott and Co for help.

We took on the case, appealed the decision, and were successful at County Court. Not wanting to give up, Jet2 appealed this decision, and we went to the Court of Appeal, where the judges upheld the previous decision in Mr Huzar’s favour.

The airline then applied to the Supreme Court for a further appeal, but this application was rejected, meaning Mr Huzar was finally awarded compensation for his family’s delay.