Below you can find comprehensive information about who can claim, the claim process, and if you choose to claim with us, our fees.
No Win No Fee
What Is No Win No Fee?
No-win no-fee means that when you claim flight delay compensation with us, you won’t have to pay anything upfront and if we can’t successfully recover your compensation – you won’t have to pay at all!
What Does It Cost Me To Claim With Bott And Co?
Our pricing is displayed as a flat fee, so you can see from the outset how much will be deducted from your compensation to cover our costs if your claim is successful.
If your case requires us to issue court proceedings on your behalf, there will be an increase in administrative fees to cover some of the extra work involved in doing this. All relevant costs associated with your claim are clearly stated in your T&Cs.
If we can’t recover your compensation, you pay nothing, meaning no financial risk to you whatsoever, even if your case goes to court.
Find out more about our fees.
Your Fees Are Flat Rate, So What If You Recover Less Than Your Fees?
We have a flat rate to make it easier for passengers to clearly see what it costs for our service. There are no other costs or fees in addition to that one figure.
However, we are often asked if the figure stays the same if we recover less. The simple answer is no. It is rare that we recover less than the entitlement because the Regulation has fixed amounts; it is not variable like other types of claims. That being said, in the unlikely event that we do recover less than was pursued, our fees would adjust accordingly. It is effectively a flat percentage.
What Would It Cost Me If I Were To Claim Myself?
If you are pursuing your flight claim yourself, there are likely to be some upfront costs for you to pay. If you have to issue court proceedings against the airline, you are advised to go through the Money Claim Online Service (MCOL), where you will have to pay an issue fee (average £75) and a hearing fee (average £105).
But it is not just the financial cost involved in claiming flight compensation yourself that you need to think about. You also need to consider the time that it takes. You will need to write letters, read up on the Regulation, prepare court proceedings, and attend court. We estimate you would need to dedicate around 20 hours in total (over several months) to handle your own flight compensation claim.
What Costs Does Bott And Co Incur To Process My Claim?
Bott and Co takes on cases on a no-win no-fee basis, which means that there is absolutely no financial risk to you whatsoever of using us to handle your flight delay claim. To give you the best possible chance of success, at no extra cost to you, Bott and Co will pay for:
- Drafting and sending a formal legal letter to the airline
- An expert report to combat ‘technical defect’ arguments if required (up to £750)
- An expert report to combat ‘weather’ arguments if required
- Drafting of court proceedings if required
- Court fees if requires (average £150)
- A specialist flight delay lawyer to represent you in court (if required)
What Do I Have To Pay If I Don’t Win My Claim?
Absolutely nothing! Bott and Co has an outstanding track record in winning flight delay claims. However, there is a very small chance that we may not win your case. If this happens, our no-win no-fee policy guarantees that you will not have to pay a penny in legal costs neither to us nor to the other side.
Are There Any Hidden Costs That I Should Be Made Aware Of?
None at all. Here at Bott and Co, we are totally upfront about the claim process and our charges. You will never be faced with any hidden costs either before, during, or after your flight compensation claim has settled.
How Quickly After My Claim Is Settled Will I Receive My Money?
The amount of time it takes for you to receive the money in your account after your claim has been settled varies from airline to airline. It can take anywhere from 7 to 42 days after the airline agrees to settle your claim for us to receive the money from them.
Once Bott and Co has received your money from the airline, we aim to process your payment and transfer your compensation directly to your bank account within 14 days.
If the airline still does not pay compensation at this stage, Bott and Co will start enforcement proceedings on your behalf.
How Is My Compensation Paid To Me?
Bott and Co offers a 100% online claims process to our flight delay clients for maximum speed and efficiency. We ask for the bank details of everyone involved in your claim and pay your compensation directly into your account.
If you would prefer to be paid via cheque, just email email@example.com with your case reference number to let us know, and we will arrange to post your payment out to you.
How Is The Compensation Paid To Others Who I May Have Claimed On Behalf Of?
Once the airline has settled your case, we will send an email to each person involved in the claim asking for the bank details where they would like their money to be paid into.
Are There Other Costs That You Can Help Me Claim For?
Regulation EU 261/2004 deals solely with compensation for long flight delays, cancellations and denied boarding. You cannot claim for any other form of damages under this particular law and therefore Bott and Co do not handle claims for any other costs associated with flight delays such as parking tickets, taxis, food etc.
Bott and Co do however have a specialist holiday sickness and travel claims department. If you have experienced food poisoning at all inclusive resort or perhaps had a trip or fall whilst boarding an aircraft, then you could be entitled to compensation.
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All About Claiming
What Is A Flight Compensation Claim?
If you have experienced a flight delay, been denied boarding or had a flight cancelled, then you may be eligible to make a flight compensation claim against the airline that you were travelling with.
Under European Regulation EU261/2004 passengers are entitled to claim up to £520 per person for the inconvenience and loss of time suffered. You may only be entitled to claim compensation if the delay or cancellation was within the airline’s control. To avoid paying compensation, the airline must prove that the delay was caused by an ‘extraordinary circumstance’ and it took all reasonable steps to prevent the delay.
EU Regulation 261/2004 has been written into UK law at the end of the Brexit transition period on December 31st 2020, meaning you have exactly the same rights to claim flight compensation as you did when the UK were members of the EU. The only difference is now the compensation will be paid in UK Pounds rather than Euros.
Has Brexit Affected My Flight Compensation Rights?
Flight delay compensation rules haven’t changed since the UK left the EU. The UK Government wrote EU Regulation 261 into UK law at the end of the Brexit transition period in December 2020.
UK passengers enjoy the same rights as before. Except now, depending on where they are flying from and to, they are protected by either the UK law or the existing EU version.
From January 1st 2021, you are covered by the UK version of the law if your flight:
- Departed from the UK
- Arrived in the UK with a UK or EU airline
- Arrived in the EU with a UK airline.
The EU Version of EU 261 may apply if you’re travelling in Europe. You can claim compensation if your flight:
- Departed from the EU and arrived in the UK
- Departed from the UK and arrived in the EU with an EU airline.
This means that some flights will be covered by both UK 261/2004 and EU 261/2004. In these cases, UK passengers should bring their claim to the UK court.
Additionally, Non-EU citizens, including British citizens, can claim compensation for delayed flights in Europe that do not depart or arrive in the UK. You can claim if your flight:
- Departed from the EU and arrived in the EU
- Departed from the EU with an EU airline.
In these instances, the claim would need to be presented to a European court.
How Do I Know If I Can Make a Claim?
Whether you can claim flight compensation, and the amount you can claim, depends on a number of factors including:
- If your flight departed from the UK or a EU country
- if your flight arrived in the UK or a EU country
- The length of your delay.
- How far were you flying?
- The cause of the delay and who's fault it was.
- What airline did you fly with?
- The flight was in the last six years
The easiest way to check for a valid flight delay claim is to use our free flight claim checker. All you need to do is enter your flight date and number and we will give you an instant decision on whether or not we think you can claim.
How Much Compensation Can I Claim For A Flight Delay?
The maximum amount of compensation you can claim is £520 per passenger. The actual amount you can claim is based on the length of your delay and the distance of your flight.
The amounts are fixed regardless of the original cost of the ticket. The table below sets out the amount of flight compensation you are eligible to claim:
Flight Delay Compensation Amounts
|Flight Distance||Length Of Delay||Compensation Amount|
|Up to 1,500km||3 hours or more||£220|
|1,500km-3,500km||3 hours or more||£350|
|Over 3,500km||3-4 hours||£260|
|Over 3,500km||More than 4 hours||£520|
How Far Back Can I Claim For Flight Compensation?
Air passengers in England and Wales have up to six years from the date of the flight to make a flight compensation claim.
It is important to note that the clock does not stop ticking on your claim until you have issued court proceedings; simply lodging your complaint with the airline is not enough. If your claim is nearly six-years old we recommend you start legal proceedings to ensure your claim does not expire before you reach a settlement with the airline.
Can I Claim On Behalf Of My Family Who Also Suffered The Delay?
You can act as the lead contact and handle the claim on behalf of other family members who also suffered the delay, but each individual passenger must sign our terms and conditions. This means the money is theirs to do with as they please, regardless of who paid for their ticket. Whilst you can handle the claim on behalf of other family members, we pay compensation to individual passengers unless we have written authority from them to do otherwise.
A member of The Law Society, Coby helped establish the flight delay compensation sector in the UK.
His work has been recognised throughout the industry, winning numerous awards, including The Manchester Law Society Associate of the Year. Coby has been a key speaker on Flight Compensation, appearing on Sky News, BBC Radio and national newspapers as a flight delay expert.
Can I Claim On Behalf Of The Other Members Of My Travelling Party?
The regulations are designed to compensate a passenger for their lost time, and compensation is paid to the individual who suffered the delay. The vast majority of our claims are for groups of two or more people, and we correspond with the designated lead contact.
However, each individual client on the claim must sign our Terms & Conditions. We pay compensation to individual passengers unless we have written authority from the client to do otherwise.
Can I Claim On Behalf Of A Child?
Children have the same right to flight delay compensation as adults: All passengers can claim the same amount of money under EU261/2004 regardless of their age. The only caveat is that the child must have paid something for their ticket (i.e. they were not travelling free of charge). Even if your child paid a reduced fare and/or they didn’t have their own seat, you can still claim flight delay compensation on the child’s behalf.
Claimants who are under 18 will have to appoint a litigation friend, who is a responsible adult that agrees to handle the claim on the child’s behalf.
Can I Claim On Behalf Of A Child Under 2?
Yes, you can claim flight compensation for a child under the age of two provided that you paid something for their ticket. Even if you only paid a small amount for their ticket and/or the child did not have their own seat, you are still able to claim flight compensation on their behalf in the event of a long delay or cancellation.
Infants with a flight delay claim will have to appoint a litigation friend, who is responsible for handling the claim on the child’s behalf.
Why Choose Bott and Co?
- 100% No Win No Fee Guarantee
- £72m Claimed For Over 212,000 Passengers
- Save Time And Money Over Issuing Against Airlines Yourself
- Payouts Can Be As Short As 30 Days*
Can I Claim If I Didn’t Buy The Ticket Myself?
Yes, EU261/2004 is designed to compensate passengers for the loss of time and inconvenience of a flight delay as opposed to reimbursing them for the cost of their ticket.
Therefore, as long as you were travelling on a paid-for ticket (i.e. somebody paid for your ticket and you weren’t flying for free) you are still entitled to compensation. It is important to note that it is the person travelling that is entitled to claim, and not the person who paid for the ticket.
Can I Claim If I Used Air Miles For The Ticket?
Flight compensation laws exist to compensate passengers for the inconvenience of long delays. As long as you paid something for your flight, including if you bought your ticket using air miles (i.e. you were not travelling free of charge), then you are able to claim the fixed compensation amount set out under EU261/2004.
Does It Matter How Much My Ticket Cost?
The laws around flight compensation are there to compensate passengers for the loss of time and inconvenience caused by long flight delays and cancellations. The amount of compensation you can claim is a fixed sum between £220 and £520, based on the length of your delay and flight distance: It is not related to the price you paid for your ticket. Having said that, you must have paid a publicly available fare to be able to claim flight compensation i.e. if you paid a reduced ticket price using a staff discount then you cannot claim.
Can I Claim If My Flight Was Diverted To A Different Airport?
If you flight was diverted you will be able to claim as long as you arrived at your final destination three hours or more late. However the usual extraordinary circumstances rule still applies. That is to say if the cause of the diversion was an extraordinary circumstance (e.g. adverse weather, a medical emergency) then you will not be able to claim delayed flight compensation.
Can I Claim If I Was Put On A Different Airline?
If you are put on a replacement flight with a different airline you can still claim compensation if your flight arrives three hours or more after the original scheduled time. In this instance however you would claim against the original airline that you booked with and not the carrier operating your replacement flight.
Can I Claim If I Agreed To Go On A Later Flight With The Same Airline?
If you accept a later flight you can still claim flight compensation if your replacement flight landed three hours or more after the scheduled arrival time of your original plane.
The departure time is irrelevant. If your replacement flight departed 3½ hours later that the one you had booked on but makes up time in the air so lands only 2 hours 58 minutes later than the original flight would have done, then you will not be able to claim compensation. If however the replacement flight does not make up any time in the air and arrives three hours or more after your original flight was due to land then you will be able to claim flight compensation.
Can I Claim If I Agreed To Go On A Later Flight With Another Airline?
You will still be able to claim delayed flight compensation if you agreed to go on a later flight with a different airline, if your replacement flight landed three hours or more after your original flight was due to arrive.
If, however your replacement flight makes up time in the air and it arrives less than three hours after your original flight was due to land then you cannot claim compensation. In this instance you would claim against the original airline that you had booked to fly with, and not the operator of the replacement flight.
Can I Claim If I Missed A Connecting Flight?
Yes, provided all flights are made on the same booking, you can claim flight compensation if you arrive at your final destination over three hours late.
Let’s say for example you are due to fly from London to Amsterdam to Hong Kong and your flight from London to Amsterdam is delayed by 30 minutes. As a result you miss your connecting flight and have to wait in Amsterdam for the next plane, meaning you end up arriving in Hong Kong four hours late. In this case, even though the original delay was only 30 minutes, you would be able to claim flight compensation because you arrived at your final destination more than three hours late.
Please be aware however that some airlines argue that a passenger is not entitled to compensation where they miss a connecting flight which is outside of Europe.
My Journey Involved Two Or More Flights, How Many Flights Can I Claim For?
If all your flights were made on one booking then you can claim one lot of flight compensation if you arrived at your final destination three hours or more after your scheduled arrival time. If you booked each leg of your journey on individual tickets, each flight would be considered separately. However, it is important to remember that only flights departing the UK or EU member states or landing in an EU state on-board an EU airline are eligible for compensation.
Example: You have a single booking to fly from Manchester to Brazil via New York. A delay in New York means you arrive over three hours late in Brazil. You can claim for this. If however you made the same journey on separate tickets, you would not be covered under EU261 if your flight from New York to Brazil was delayed.
My Flight Was Cancelled Due To Under-Booking, But I Flew Later, Can I Still Claim?
If your flight was cancelled more than 14 days before the scheduled departure date then you are not entitled to claim flight compensation.
If your flight was cancelled less than 14 days before the scheduled departure date then you may be able to claim compensation of up to £520, depending on the timing of your new flight.
If your flight was cancelled between 7 and 14 days before departure and you were given a new flight that either departed more than 2 hours early or arrived more than 4 hours late then you will be entitled to compensation.
If your flight was cancelled less than 7 days before departure and you were given a new flight that either departed more than 1 hour early or arrived more than 2 hour late then you will be entitled to compensation.
Remember however that an airline will not have to pay compensation if they can prove that the cancellation was caused by ‘extraordinary circumstances‘.
Can I Claim Flight Compensation For Bad Weather?
Depending on the exact nature of the bad weather, you could be entitled to claim compensation under EU Regulation 261/2004.
Is Bad Weather An Extraordinary Circumstance?
Bad weather is not always an extraordinary circumstance, despite what an airline might tell you when you try to claim direct from them.
In fact, the only time weather is an extraordinary circumstance is when:
- The flight in question is directly affected by ‘freak’ or ‘wholly exceptional weather’
- Air Traffic Control decides to reduce flow rates due to bad weather. For example, if ATC decides only 20 planes an hour can land as opposed to the usual 45 planes an hour, that would be an extraordinary circumstance.
- Air Traffic Control decides to delay a flight, and this causes a knock-on effect to flights throughout the day.
- An airport is closed because of bad weather.
The best advice we give to passengers is to put their details into our flight delay compensation calculator.
We take weather readings at every airport everywhere in the world at least once an hour, which means we can give you an instant decision. We can check you flight information against our huge database of flight and weather information.
Can I Claim Flight Compensation For Cracked Windscreens?
In short, the answer is yes.
A cracked windscreen amounts to a technical defect, which was covered in our Supreme Court victory in the case of Huzar. Airlines frequently seek to argue that it is premature or unforeseeable and beyond their control, but they key test is that it is inherent in the normal activity of an air carrier and as such a court should award compensation in your favour.
If a windscreen is damaged at the airport by ground-handling staff that would still be claimable. The European Court of Justice case of Siewert confirms this. Similarly, if it was damaged by a lightning strike our appeal case of Evans v Monarch confirms that compensation is appropriate. We would say this also applies to bird strike cases.
Airlines will often argue that a cracked windscreen is a hidden manufacturing defect. The failure of a single part on a single plane does not amount to this – for it to be a hidden manufacturing defect it has to be diagnosed by the manufacturer of the part or some other competent authority and the airline would have to replace that part on all of their aircraft.
The only other incident where it would not be claimable would be if the crack was caused by sabotage or terrorism.
Airlines And The Law
What Is EU Reg 261/2004?
EU Regulation 261/2004 is the name of the law which deals with compensation for delayed flights, denied boarding, downgrading and flight cancellations. The regulation is intended to enhance and enforce passengers’ rights and to compensate them for the loss of their time and the inconvenience caused by long flight delays.
EU Regulation 261/2004 has been written into UK law at the end of the Brexit transition period on December 31st 2020, meaning you have exactly the same rights to claim flight compensation as you did when the UK were members of the EU.
The only difference is now the compensation will be paid in UK Pounds rather than Euros.
What Airlines Can I Claim Against?
Whether or not you can claim flight delay compensation depends on the countries that you take off and land in and, to a lesser extent, the airline. You can claim if you are departing the UK or an EU country or when you are landing in the UK or an EU country on-board an EU airline.
All flights taking off from the UK are covered regardless of the airline you are using. Likewise if you are flying from a destination within the EU (Spain, France, Italy etc.) you are covered on ANY airline. So whether you’re flying back to England from Spain or leaving Amsterdam on a connecting flight to go further afield, you will be covered by European flight compensation laws.
If you are arriving back in the EU from a country outside of the EU, you can only claim if you have been flying on-board an EU airline. If you are travelling between two non-EU countries then you cannot claim under EU261.
There are a small number of flights which are covered by the regulation but that, unfortunately, Bott and Co cannot assist with: If the airline does not have an UK Legal Personality (i.e. they do not have a UK address where we can serve court proceedings) then we will not be able to take on your claim, even if we believe you have a valid case under the terms of the regulation. An example of such an airline would be Balkan Airlines.
The Airline Has Offered Me Compensation, But It’s Not Enough, What Should I Do?
EU261/2004 sets out fixed sums of compensation. The amount you are entitled is non-negotiable and ranges between £220 and £520 according to the length of your delay and flight distance. If the airline makes you an offer for less compensation that the regulation states you are entitled to you do not have to accept this.
The Airline Has Offered Me Vouchers As Compensation, What Should I Do?
Article 7.3 of EU Regulation 261/2004 says that compensation for cancelled or delayed flights should be paid in cash, electronic bank transfer, bank order, or cheque unless the passenger signs to agree to accept travel vouchers and/or other services in place of monetary compensation.
If the passenger signs an agreement to say they are happy to accept vouchers in place of money, then the airline no longer has to pay out the monetary compensation outlined in EU261/2004. If you have not signed such an agreement then you are well within your rights to insist on cash compensation and not just vouchers.
Deciding whether to accept vouchers instead of money is an entirely personal decision. It is worthwhile comparing the value of vouchers you are offered with the amount of money you are due under EU261. Here at Bott and Co we have had clients come to us who had been offered just £100 in travel vouchers to be spent on another flight, but after taking on their case we secured them €1200 in cash.
You should also be aware that some airlines offer vouchers with expiry dates, so you should be sure you will be travelling within the stated time period.
What Are Extraordinary Circumstances?
Flight delay laws state that airlines must pay flight compensation for eligible flights unless the delay/cancellation was caused by extraordinary circumstances. This term applies to a number of scenarios where the cause of the delay/cancellation was out of the ordinary.
Things like terrorist attacks, industrial strike action, sabotage and freak weather conditions are all considered extraordinary circumstances. In these instances, an airline does not have to pay compensation for any delays caused as long as they can show they took all reasonable measures to avoid the hold-ups.
Why Choose Bott and Co?
- We've Claimed More Compensation Than Any Other Flight Delay Law Firm
- The Airlines Can’t Ignore Us – We’ll Take Care Of All Communication And Paperwork For You
- Industry Leading Success Rates
- Just Add Your Flight Details And We'll Do The Rest
What Is The Huzar Vs Jet2 Case?
Huzar vs Jet2 was a landmark flight compensation case in which Bott and Co represented the delayed passenger (Ronald Huzar) against the airline.
It looked at whether unexpected technical problems are classed as extraordinary circumstances. Judges ruled that unexpected technical problems are not generally an extraordinary circumstance and therefore
where this has been the cause of the delay.
The case went through several rounds of appeal and set a binding precedent for all other flight cases brought in England and Wales. It is estimated technical problems cause around 80% of all flight delay claims. Huzar vs Jet2 opened up an estimated £3/4 billion in flight compensation and is set to effect around 2.36 million passengers per year.
Does The Huzar V Jet2.Com Ruling Mean All Airlines Have Pay Out Compensation To All Claims With Technical Problems?
The Huzar V Jet2.com case was a landmark one and has had major implications for all flight delay cases involving technical problems.
To qualify as an extraordinary circumstance, the technical problem causing the delay must be out of the ordinary. This means that something such as a hidden manufacturing defect or a product recall would be considered an extraordinary circumstance but something such as a broken bolt or fault caused by wear and tear would not be considered an extraordinary circumstance.
Since the Huzar ruling, we’ve seen many airlines changing their defence on cases: For example, previously they had said they were not liable to pay compensation because the delay was caused by a technical problem which was considered an extraordinary circumstance. Now that Huzar has provided clarity on this issue and said that a technical problem is not an extraordinary circumstance, we are now seeing the airlines changing their defence on the same claims to say that the delay was caused by a hidden manufacturing defect (which under the terms of the regulation would be classed as a extraordinary circumstance).
Where we are seeing this with our clients’ cases we will be pursuing this through the courts to seek the opportunity to ask a judge how it can be that what was previously a technical problem is now a hidden ‘manufacturing defect’?
What Is The Dawson Vs Thomson Case?
Dawson vs Thomson Airways was a landmark flight compensation case in which Bott and Co represented the delayed passenger (James Dawson) against the airline.
The case established how long consumers have to bring a claim for flight compensation in England and Wales. The airline argued that, under the terms of the Montreal Convention 1999, passengers have two years to bring a flight delay claim. Bott and Co, representing Mr Dawson, argued passengers have six years in line with the Limitation Act 1980.
Judges ruled against the airlines and agreed with Bott and Co that consumers have six years to bring a flight delay claim in England and Wales. The case went through several rounds of appeal and set a binding precedent for all other flight cases brought in England and Wales. It is estimated that the Dawson vs Thomson case opened up £3.89 billion in flight compensation for around 11.8 million people with historic claims.
What Is The Montreal Convention?
The Montreal Convention 1999 sets out, amongst other things, the rules relating to the international carriage of air passengers and their baggage. In more simple terms, this is the law that sets out your rights if your baggage is damaged whilst flying, you are injured boarding/disembarking an aircraft or you are delayed.
Why Are These Cases So Important?
As binding cases, Huzar vs Jet2 and Dawson vs Thomson set the precedent for all future flight delay cases in England and Wales meaning they stand to affect millions of passengers each year going forward.
Civil Aviation Authority figures suggest on average 221.1 million passengers use British airports each year. European Commission statistics claim 1.5% of all flights are delayed or cancelled by more than three hours and so could potentially be claimable under EU261. These figures suggest approximately 3.27 million passengers per year could potentially be better off as a result of these rulings.
How Is The Airline Progressing With My Claim?
The approach, speed and process involved in securing compensation vary dramatically depending on the airline you flew with. It can even be very different from flight to flight, even on the same airline.
Bott and Co’s flight claim process is 100% online. This helps us ensure maximum speed and efficiency for you the client. Our systems mean that almost as soon as we know there’s been a development in your case, you will receive an automated email to update you on your claim status.
Given the nature of the process, it may seem like you haven’t heard from us in a while but this doesn’t mean that we are not working on your claim, merely that it is in-between stages in the process. Our flowchart should give you a better idea of timescales for each stage of this process.
If at any time you want an update on the status of your individual claim then please email firstname.lastname@example.org with your claim reference number and surname.
My Claim Is Against An Airline That Has Not Yet Responded Or Is Not Agreeing To Pay, What Does This Mean For My Claim?
If Bott and Co has taken on your claim then you can rest assured that we will be regularly reviewing your case and looking to progress things where possible and as soon as possible. We haven’t forgotten about you and we won’t give up! After all, we don’t get paid a penny until you get the compensation you are entitled to.
There will be several different courses of action available depending upon the status of your claim.
Have Court Proceedings For My Claim Been Issued? If Not, Why?
It’s not always necessary to issue court proceedings to settle claims. For example, we may already have settled for other passengers on the same flight as you and use this evidence to prompt the airline into paying. In other instances it will be necessary to issue court proceedings on your claim.
There are several circumstances which will usually prompt us to issue court proceedings on your claim:
Your claim is close to expiring. In England and Wales you have six years to bring a flight delay claim. The only way to “stop the clock ticking” on your claim is to issue court proceedings. If we think we’re unlikely to be able to settle your claim with the airline directly before this six year limit is up then we will issue court proceedings for you to make sure your claim remains valid for as long as it takes to settle with the airline.
The airline refuses to admit responsibility but we have evidence to suggest the delay was their fault. Often clients come to us after contacting the airline themselves and have a letter from the airline with an explanation of the cause of the delay. If the reason given in the letter contradicts information we have on our systems about the flight then we may decide to issue court proceedings to disprove the airline’s defence in front of a judge.
The airline claims they don’t have to pay because the delay was caused by extraordinary circumstances but we believe the explanation given does not meet the legal definition of extraordinary circumstances.
Surely The Airlines Are Obligated To Just Pay Us Our Compensation Now?
The law states that airlines should pay compensation but that doesn’t mean that they automatically will pay out. The airlines still have the right to defend each and every claim as they see fit: Everyone has the right to their day in court as it were.
This means that airlines are looking at all the claims individually to decide whether to pay out or to defend the claim further. It makes the process of settling all your cases much longer, but please understand that we’re doing all that we can to speed this up.
What the recent Supreme Court ruling does mean however is that if the airline chooses to defend your case all the way to court on the grounds of a technical problem or around the limitation period, you are in a stronger position to get a favourable result with the backing of the Huzar V Jet2 and Dawson V Thomson Airways rulings.
Bott And Co Told Me I Had A Claim So Why Are The Airlines Now Contesting It?
Our flight claim calculator cross references your flight details against our extensive database of millions of pieces of information to give you our opinion on whether you have a successful claim.
What we cannot prevent however is the airlines contesting claims. We find they will often try to argue cases in the hope that people will get disheartened, be put off and drop their claim. The more of a fight the airlines put up, the more chance that passengers will think “is it really worth all this hassle?”
The airlines are totally within their rights to defend claims and argue they don’t have to pay. Our job is to fight on your behalf and to keep on going long after you may have otherwise given up. We are committed to seeing our clients’ claims through to the very end and have proved this by taking two cases for our clients all the way to the Supreme Court – the highest court in the country!
I Was Told That Because Our Case Had Gone To Litigation It Would Take Longer, Why Is This?
When we first contact the airline with details of your claim, they have two options: They either admit liability straight away and pay out, in which case you claim can be settled in just a matter of days. More commonly, the airline will choose to defend the claim and give reasons as to why they think they are not legally obliged to pay out.
When we receive the airline’s explanation for why they believe they are not liable to pay compensation, we cross reference this information against ours. We may for example commission expert weather reports, check the length of delay on our systems, or find other claimants who have previously successfully claimed on the same flight.
If we present the airline with our findings and they still continue to argue, it is at this point that we will litigate (issue court proceedings).
Once we have litigated the matter then needs to progress through the stages of the UK legal system and there are certain timescales associated with each step of the process.
Why Won’t The Airlines Pay Up?
Even though the Court of Appeal found in the passengers’ favour in both the Huzar and Dawson cases, the airlines still have the legal right to defend each and every claim in court if they want to.
Often the airlines look at flight claims on a case-by-case basis and decide whether to pay out straight away or defend the claim further. This makes the process of settling your case much longer but please understand that here at Bott and Co we will do everything within our power to make the process as quick as possible – after all, we don’t get paid until you do!
Who We Are
What’s The Difference Between Bott And Co And The Other Companies Who I Could Claim With?
Bott and Co has been pioneering in the UK’s flight compensation market since 2013. We have successfully taken two landmark cases all the way to the Supreme Court in order to clarify the law, opening up billions of pounds in compensation for millions of air passengers each year. Our team of expert flight delay lawyers are regularly asked for comment by the media and even Martin Lewis of Money Saving Expert recommends people come to Bott and Co if they need help claiming flight compensation.
Unlike other claims management companies, Bott and Co is a law firm which means we have the power to take your flight claim all the way to court. A claims management company is effectively just a middle man who can do little more for you than you can do for yourself. Whilst they can handle the administrative parts of your claim like writing a letter to the airline, they cannot take legal action on your behalf. If the airline disputes your claim you will have to issue court proceedings and a claims management company would not be able to do this themselves. Instead they would have to instruct a solicitor like Bott and Co to do this on your behalf.
We are able to handle every element of your claim. With us, there are no middle men. Our specialist flight delay lawyers will see your case through from the moment you submit your claim to the moment the money is paid into your bank.
What’s The Difference Between Me Handling My Claim Myself And You Handling It For Me?
Bott and Co takes the stress out of claiming delayed flight compensation. We’re here to secure your compensation as quickly as possible and with minimum effort from you.
From our online flight compensation claim calculator which instantly tells you if you have a valid claim to our automatic bank transfer to get the money into your account, Bott and Co make each step of the claims process as simple as possible. Our handy table below sets out the added service and protection you have from making your flight delay claim with Bott and Co:
Our Flight Delay Compensation Services At A Glance
|Services||Bott and Co||You|
|Claim assessed for legal validity under EC Regulation 261/2004||
|Actual flight times provided||
|Claim letter to submit to airline||
|Meteorological conditions checked||
|Free advice by telephone and internet||
|Claim cross referenced against database of previous successful claims||
|Formal legal letter sent to airline||
|Drafting of court proceedings included||
|Representation at court included||
|No need for client to attend court||
|Court fees paid on your behalf (Average £150)||
|Fee paid for an expert report to combat ‘technical defect’ arguments (Up to £750)||
|Fee paid for an expert report to combat ‘weather’ arguments||
|No financial risk – no win, no fee||
Are Bott And Co A Solicitors Or A Claims Management Company?
Bott and Co is an award-winning firm of solicitors which means we have more power than a claims management company to secure you the compensation you deserve. As a solicitor we are regulated by the SRA which means you can rest assured you will receive a quality and reliable service.
What Data Do You Use To Accurately Predict If I Have A Claim?
We take data from numerous different sources to ensure maximum accuracy when providing an opinion on whether or not you have a valid claim. We monitor flight times, weather, news events and activity at airports all round the world every single day so we know when your flight departed, when it arrived and what was going on that day. That allows us to give the most qualified opinion of whether there were any extraordinary circumstances affecting your flight, which may invalidate your flight delay claim.
How Accurate Is Your Data?
We are confident enough to take on cases on a no-win no-fee basis based on checking the flight details against the information held in our database. Given that we often pay out hundreds of pounds in upfront court fees, not to mention the time involved in preparing your case before we are paid, this should offer you some reassurance as to how confident we are about the quality of our data.
Our outstanding success rate at winning flight compensation cases should also give an indication of the reliability of the information we hold on our flight database. We’ve successfully settled thousands of flight delay claims based on the data that we hold.
Is This Data Readily Available Online?
You may be able to find some of the individual pieces of data that we hold online, but there is not a single site which provides all of this on one page. To find and cross-check all of the data would require a huge amount of time trawling the Internet. Our flight compensation checker combines all of the relevant information in an easy to use calculator that gives you an instant answer on whether or not you have a claim.
What Information Do I Need To Give You To Start My Claim?
It helps us to start your claim as quickly as possible if you can provide us with at least some of the following:
- Your flight number
- The date you were scheduled to fly
- The name of the airline
- The airports you were flying from and to
- A booking reference or e-ticket
Once we’ve accepted your claim we’ll need your full name and the names of any other passengers that you were travelling with who also wish to make a claim. We’ll also need your contact details including your email address so we can correspond with you throughout the claims process.
I Can’t Find My Flight Number, Can I Still Claim?
Yes. We have a huge database with the details of thousands of flights on record, so even if you can’t find your flight number, we can trace it for you. You do need your flight number to be able to use our flight checker to find out if you can make a claim, but if you can’t find it you can give the Client First Response Team a call on 01625 415 850.
Any information, such as the name of the airline, the time and date of the flight or the airports you were flying from and to, will help a friendly member of the team to locate the flight number for you and let you know whether you can make a claim.
I Can’t Find My Booking Reference, Can I Still Claim?
Yes. We can still pursue the claim on your behalf without your booking reference. Any other information that you might have, such as your flight number, the airline, the date of the flight and the airports you were flying from and to will help us establish whether or not you are entitled to make a claim.
We don’t need to know the price of your ticket from your booking reference because it has no effect on how much compensation you are entitled to. Ideally we do need an old boarding pass or email confirmation to prove you were on the flight but in some cases there are additional steps that we can take to provide evidence to show you were on the flight, should the court require it.
I Have No Proof Of Me Being On The Flight, Can I Still Claim?
In an ideal world you would have an old boarding pass or email confirmation to prove that you were on the flight in question. However, that is not to say that it’s impossible to make a successful flight compensation claim without this paperwork.
In the first instance you may find you have proof you were on the flight that you didn’t realise. It’s worth:
- Going through your email inbox to look for old booking confirmations
- Log on to your travel website accounts and go through your booking history
- Have a shake of your passport and root through your drawers to see if you can find an old boarding pass
- Dig your suitcases out of the garage and see if you still have the baggage label on them
- Contact the travel agency where you made the booking and ask for a reprint of your travel documents
If you still cannot find the paperwork you need, don’t fret! We will investigate your claim further and, if need be, there are steps that we can take to provide evidence to show you were on the flight, should the court require it.
The Flight Compensation Calculator Told Me That I Have A Claim, But That Bott And Co Does Not Have Jurisdiction. What Does This Mean?
If the flight claims calculator tells you Bott and Co doesn’t have ‘jurisdiction’ to handle your claim it simply means that as a law firm based in England, we do not have the legal authority to take your claim to court.
Bott and Co Does have jurisdiction to handle your flight compensation claim if you were:
- On a flight leaving England or Wales
- On a flight arriving in England or Wales
- Flying on-board an English or Welsh airline
We’ve helped delayed passengers from all over the globe receive flight compensation, so it doesn’t matter what country you live in; it just matters whether or not your delay falls under one of these three categories.
The good news is we may still be able to help you on your way to receiving the compensation you’re entitled to, even if we don’t have jurisdiction. If you call us on 01625 415 850 or email us at email@example.com, we can take a look at your case and provide you with free advice on your best course of action.
Will My Details Be Kept Confidential At All Times?
It’s our legal responsibility as a law firm to keep all of your personal details confidential, and we take great pride in doing so. Rest assured that only our Flight Delay Lawyers and specially trained client support staff will be dealing with the details of your case. We’ll never sell your details to a third party and we’ll never use your information for anything other than settling your claim.
What Happens After I Instruct You To Claim On My Behalf?
Our first step will be to write a letter to the airline, telling them that if they don’t respond to your claim within 30 days, we will take them to court. In some circumstances the airline will agree to pay compensation at this early stage, but very often they will delay the process by arguing that your claim is not valid or ignoring your claim entirely.
If this happens, we’ll represent you in court against the airline. We’ll pay all of the court fees and the expert reports to combat any “technical defect” and “weather” arguments.
If we do take the airline to court it’s at no extra cost to you. We won’t charge you any more than we would have if your claim had been settled immediately. There’s no financial risk to you whatsoever as we work on a no-win no-fee basis.
What Do I Have To Do During The Claim Process?
Very little; we’ll handle your claim for you so you don’t have to concern yourself with the complicated legal process. When we first accept your claim we’ll request all the information we need and a signed copy of our Terms & Conditions instructing us to start work on your behalf.
We’ll handle everything from there; all you’ll have to do is provide us with your bank details when we notify you that your claim has been settled so we can pay the compensation directly into your account.
Do I Have To Inform The Airline That You Are Representing Me?
No. Once we’ve accepted your claim we’ll write a letter to the airline notifying them that you’ve instructed us to work on your behalf. If you’ve already sent a letter to the airline yourself and you’re not happy with their response, you don’t need to reply; we’ll let them know that you have put your claim in our hands. If the airline subsequently tries to contact you directly after you have instructed us please let us know straight away.
How Do I Get An Update On My Claim?
While we try our best to get the quickest resolution for our clients, the flight delay claims process allows for time protocols that need to be observed. The airline is entitled to use the entire timescale allowed by law before responding to us or making payment after settlement.
We are aware that whilst many of our clients are happy with the level of communications they receive during the claims process, there are some who feel that they receive too many update emails and others who would appreciate more frequent update emails. This is a delicate balancing act and we are always looking at ways to address this.
If you have been told that your claim has been stayed pending the outcome of a court case, we cannot update you until the outcome of the other case is decided on.
If your claim is listed for a court hearing we will let you know the date of the hearing when we are in receipt. We will file the necessary paperwork with the court in preparation for the hearing and let you know the outcome when the Judgement is handed down.
If your claim has been heard in court, the Judge will write up his/her judgement based upon the submissions put forward. The court will then hand down the judgement. This can take anywhere between three to six weeks. As soon as we’re in receipt of the judgement, we will let you know the outcome.
How Long Does It Take To Process My Claim?
How long it takes to settle your claim will depend entirely on the individual circumstances of your case and if/how far the airline decide to defend the claim. If you’re not paid, then neither are we so you can rest assured that it in our best interests as well as yours to settle your claim as soon as we possibly can.
My Claim Has Settled But I Am Still Waiting To Receive Payment
If your claim has settled, please allow 28 days for the airline to make payment to us. If necessary, we will use the small claims court to recover funds not paid as agreed.
Once we are in possession of your compensation, we will let you know. Please allow at least 14 working days for payment to be processed via BACS.
If you have requested your compensation via a cheque, please allow three to five workings days for it to come in the post. Please check that the address we have on file for you is your current address and let us know if this needs changing and we will get a new cheque out to you.
Will I Have To Fill Out Lots Of Paperwork?
Our flight delay claims process is completely paperless, so you can provide all the information we need by email. We use eSign, allowing you to sign and fill out any documents online without ever having to put pen to paper. Our online claims process means we can handle your claim faster in a way that’s as simple and hassle-free for you as possible. It’s also much easier on the environment than traditional paperwork.
Will I Have To Come To Your Offices?
You’ll never have to come to our offices at any point during the claims process. We can get all the information we need from you by telephone and email, and will keep you updated on any developments in your case online. Communicating with our clients entirely by telephone and email means that we can handle claims from all over the world!
If you want to speak to your lawyer regarding your claim, you can contact them by email at firstname.lastname@example.org or by calling on 01625 415 800.
Will I Have To Go To Court?
You shouldn’t have to appear in court, even if we have to take your case to the Supreme Court. Whether or not your case goes to court depends on the response we get from the airlines. It could be that the airlines agree to pay as soon as we send them our initial letter, or it could be that we have to take your case all the way to the Court of Appeal. However far we have to go to recover your compensation, our fees remain the same and we will carry on working for you on a no-win no-fee basis.
How Long Will The Claim Take From Start To Finish?
The flight delay claims process can take anywhere from a few days to a number of years (in extreme cases) but this doesn’t mean that we work harder on some cases than we do others.
If an airline admits liability and agrees to pay straight away then the compensation could be in your bank account around four to six weeks from the start of your claim. But if the airline refuses to pay we will have to take your claim to court. If this is the case then a claim can take anywhere from several months to over a year.
The good news is that no matter how much work we have to put in to settling your claim, our fees remain the same. It can be frustrating waiting a long time to receive your compensation but remember: we don’t get paid until you do, so we’re just as keen to get your claim settled quickly as you are!
How Many People Do I Have To Speak To About My Claim?
In most cases we can handle your entire flight claim from start to finish online and via email.
Once your claim has been accepted, your case will be dealt with by our dedicated Flight Delay legal team. Our friendly, knowledgeable team are available to speak to you about your individual claim by telephone or email throughout the claims process to give you any information you may need about your case.
When you claim with Bott and Co you won’t need to speak directly to the CAA or to the airline, and you shouldn’t need to appear in court either.
How Will You Update Me On My Claim?
We’ll keep you updated by automated email whenever there has been a significant development in your case. Depending on how the airline deals with your claim, this could mean that we don’t contact you for weeks or even months at a time. If we haven’t sent you an update then that means that your case is between one of the main stages in the claim process.
How Regularly Will You Update Me On My Claim?
We’ll update you whenever there has been a significant development in your claim. Depending on your case, this might mean that you don’t hear from us for a matter of weeks or even months, but that doesn’t mean that our Flight Delay Lawyers aren’t working hard on your case behind the scenes.
If at any time during the claims process you would like an individual update, you can contact the flight delay team at email@example.com or call us on 01625 415 800.
What’s The Best Way For Me To Keep Up To Date On The Status Of My Claim?
We’ll send you an automated email whenever there has been a significant development in your claim. The time in between these emails can vary greatly on a case by case basis, but rest assured that you will be notified as soon as the airline agrees to pay out. If you haven’t heard anything from us for a while, that doesn’t mean that we’re not still working hard to recover your compensation.
If you would like to speak to someone about your individual claim, you can contact the flight delay team at firstname.lastname@example.org or call on 01625 415 800.
Why Is My Claim Taking So Long To Settle?
We don’t get paid until you do so we are just as keen as you are to settle your claim.
The two landmark cases of Huzar V Jet2.com and Dawson V Thomson Airways were taken all the way to the Supreme Court in order to set a binding precedent for future flight delay claims. Many other cases were held up for a number of months as a result of waiting for these judgments. The rulings were finally announced on October 31st 2014 so we are still working through the inevitable backlog of claims.
There is no other firm in the UK handling this volume of flight claims and with the expertise that we have so you’re in safe hands. We’re spending thousands of pounds to issue court proceedings on claims where we feel it’s the best way to make the airlines pay out and we won’t let any cases expire past the six-year limitation mark. Because of our reputation with the airlines we’ve managed to achieve a lot in a short period but we know there is an awful lot more to do, and we’re committed to doing that as quickly as possible.
To a large extent we are at the mercy of the airlines when it comes to the speed and order in which claims are being settled. Remember that airlines are settling cases on an individual basis. It may be that someone you know gets their compensation from an airline and you also have a claim against the same airline but you’re still waiting on your settlement. This is the nature of the process so don’t be alarmed or concerned; we’re still working on your claim as well
Our 100% online system means that you will automatically receive an email update as soon as the airline has agreed to pay you. We will never delay in letting you know once we receive payment from an airline.
Why Have Other People On My Flight Been Paid Out But I Haven’t?
To a large extent we are at the mercy of the airlines when it comes to the order in which claims are settled. We tend to be seeing that airlines are settling cases on an individual basis. Therefore it may be that someone you know gets their compensation from an airline and you also have a claim against the same airline but you’re still waiting on your settlement. This is the nature of the process so don’t be alarmed or concerned, we’re still working on your claim as well!
In the meantime make sure you have everything signed and returned that you need to so that there are no delays in transferring your compensation to you once we’ve received it from the airline. Make sure everyone in your party has signed and returned their T&Cs and that you have submitted your bank details. Where there’s more than one of you claiming together, we cannot pay out anyone in the party without everyone’s completed claim information.
I Have Received My Payment But Others On The Same File Have Not Received Theirs
Our policy is that each person is entitled to their own compensation. The payment form will make clear that we cannot accept one set of bank details for all passengers. We require each person’s own bank details to make payment. Unless a passenger has pre-authorized the payment to be made to a specified person or the passenger is a child and the parent who wants to accept the payment has signed a form to demonstrate this relationship.
Can You Take Over A Case From My Current Representation?
In most circumstances, we can take over a case from your current representation, but this does depend on the exact circumstances of your case and the stage that it is currently at in the claims process. You can always call us to ask for free, impartial advice on whether handing your claim over to us would be the best move for you.
Can You Take Over A Case I’ve Been Handling Myself Directly With The Airline?
Yes. If you contact the airline and either they don’t respond or you’re not happy with their response, we can take the case out of your hands.
Many of our customers approach the airline themselves before they come to us for help. We even provide a flight delay compensation template letter so you can try to claim compensation direct from the airline on your own.
A lot of our customers find that the airlines will tell them that their claim isn’t valid when it actually is. That’s where we come in to make sure you get the compensation that is rightfully yours.
Can You Take Over A Case I’ve Been Handling Myself Directly With The CAA?
Yes. Many people come to us with their claim after the Civil Aviation Authority has either failed to respond or has sided with the airline, telling the delayed passenger that they are not entitled to compensation.
On the other hand the CAA might agree with you and tell the airline that they should pay you compensation, but they have little power to enforce their decision, which can leave delayed passengers feeling disappointed and helpless in a long drawn-out claims process.
Because we are a law firm specialising in flight delay compensation, we have the power and expertise to take your claim to court, which is why many people come to Bott and Co when they initially went directly to the CAA.
What Happens If I Change My Mind About Claiming?
If you change your mind about going ahead with your flight delay claim, what happens will depend on the stage of your claim and the reason for cancelling. If you are unhappy with the way your claim is proceeding and wish to cancel we would first ask that you contact us to discuss your claim and let us know the reason why. We’ll do our very best to address any concerns you may have and present you with options for cancelling the claim.
Are There Any Cancellation Fees If I Change My Mind?
If you want to cancel your flight delay claim, whether or not you have to pay any fees will depend on what stage you cancel the claim and your reasons for doing so. If you want to cancel your claim because the airline has paid you directly, you will still be required to pay our agreed fees of 25% + VAT of the total compensation amount plus a £25 per passenger administration fee. If we have issued court proceedings on your case and you wish to cancel you may be liable for any court fees and fixed costs we have paid on your behalf.
If I Don’t Understand Something, Can I Talk To My Lawyer At Any Time?
We understand that it’s not your job to know about how the claims process works, so we try to cut out any unnecessary legal jargon. If you don’t understand anything at all, you can call your Flight Delay Lawyer on 01625 425 850 or email them at email@example.com.
When Compensation Is Agreed With The Airline, Does The Email Come From Yourselves Or The Airline?
We have invested over £1/4 million in cutting edge IT systems to ensure the quickest most efficient service for our flight delay clients. As you may know we offer a 100% online process which means that you receive automatic status updates any time there is a change in the status of your case. That means that almost as soon as we know that the airline has settled your claim, you will receive an email to let you know. In most instances we will transfer the funds directly to your bank account so no need to keep an eye out for a cheque.
When I Receive Updates By Email They’re Not Always About My Individual Case, But About How Other People’s Flight Delay Claims Are Coming On As A Whole. Why Aren’t These Updates Specifically About My Case?
As part of our service, we provide regular updates about the latest developments in all of our current compensation claims. Unfortunately, because we’re working on tens of thousands of cases at any one time in order to make the process as quick as possible, it’s not possible for us to send information as detailed as this for each individual person every time.
That’s not to say that the updates we send are pointless from your perspective – we condense as much information as we can into one email so that you can see explanations as to why your compensation might be taking a long time, any developments in the aviation legal industry and any other cases that could affect your own in the long-run.
We understand that it can be frustrating when it seems as though you haven’t heard anything about your individual case for what seems like a long time. But rest assured, whenever there is a development on your individual case you’ll be the first to know. Just because you haven’t heard from us in a while, it doesn’t mean we’re not working hard to get you the compensation that’s rightfully yours.
In the meantime, if you would like to ask any questions specifically about your case, you can email us at firstname.lastname@example.org, or call us on 01625 415 850.
We don’t charge extra for our correspondence with you so if you have any questions regarding your claim at all, fire away.
*Based on 10,211 court proceedings issued between May 2013 and February 2016.