Flight delays compensation: punctuality or pay out?

By Sarah Booth

Jet2 is set to appeal a Court of Appeal decision as to whether ‘technical problems affecting the operation of an aircraft’ is an extraordinary circumstance entitling a carrier to avoid liability to pay flight delay compensation to passengers.

Regulation (EC) 261/2004 states that an airline must pay compensation to passengers for cancelled or heavily delayed flights. The regulations apply to anybody whose flight departs from an airport in a European member state or whose flight arrives into a member state and is operated by a European airline. If a passenger’s flight is delayed or if the passenger misses a connecting flight and arrives at his final destination more than three hours later than planned, the passenger is entitled to compensation of between €250 (£200) and €600 dependent upon the length of the delay and the length of the flight.

An airline can defend a claim under the regulations if it can show that the reason for the delay was an ‘extraordinary circumstance’, such as civil unrest, terrorism or severe weather…

Click on the link below to read the rest of the Shoosmiths briefing.

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