what to expectfrom airline for a technical issue delay
If the airline has told you your flying delay was due to a technical defect or a subconscious manufacturing defect and refuses to pay y'all flight compensation then don't despair! Our guide below will explain your legal rights.
We've recovered millions of pounds in flight delay compensation for passengers fifty-fifty when the airline has told them they don't have a valid claim.
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Just add your flight details to our complimentary flying compensation claim checker to find out if you tin can claim.
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We took the airlines all the way to the Supreme Courtroom in 2022 to clarify the law for millions of Britain passengers – we're the experts on recovering flying delay compensation for delays due to technical problems.
Flight Compensation And Technical Difficulties
Proving that a technical problem is eligible for flight compensation is not always piece of cake and the airlines accept specialist engineers and legal teams to argue their example in Court.
Even so, our very own technical and legal experts have a proven rails record of success in Courtroom confronting the airlines and using our flight filibuster merits service means you won't accept to pay for any technical or legal reports as nosotros cover all these costs.
Proving that a technical problem is eligible for flight bounty is not e'er easy.
Airlines are increasingly using the excuse of 'hidden manufacturing defect' equally a reason to avoid paying flight delay compensation. This is because a subconscious manufacturing defect can exist classed as an 'boggling circumstance' and therefore not eligible for compensation nether Eu Regulation 261.
Delays genuinely caused past a hidden manufacturing defect are very rare all the same, so it's highly unlikely this was the real reason for your filibuster.
European union Regulation 261/2004
Air travellers are able to claim flight filibuster bounty and are protected when flight due to a European regulation called EC261/2004 or commonly abbreviated to EU261.
This regulation was put in place in 2005 to forcefulness airlines to treat passengers better when flying in and around the European Union.
Delays genuinely caused by a hidden manufacturing defect are very rare however, then it'south highly unlikely this was the real reason for your delay.
The only fourth dimension an airline doesn't have to pay bounty nether the regulation is when a flight is delayed or cancelled due to an 'extraordinary circumstance'.
Up until we won a landmark instance at the Supreme Court in 2014, airlines tried to contend that a technical trouble should be classed as an extraordinary circumstance and therefore not exist eligible for compensation.
The Supreme Courtroom ruled in our favour and now technical problems that event in flight delays are eligible for bounty.
Tin I Claim For Hidden Manufacturing Defects?
One technical related issue that currently is however regarded past the courts as an extraordinary circumstance is a hidden manufacturing defect (HMD).
The crucial difference between a technical problem and subconscious manufacturing defect is the latter would consequence in a mass retrieve of a fleet of aircraft – something which is exceptionally rare.
Information technology's very similar to a product remember for a tumble dryer or contaminated food item and would involve recalling all aircraft in that particular production run.
In that location have been high profile cases in the by with faulty battery packs on new shipping but whatsoever hidden manufacturing defect would most certainly make international news.
The case that outset established hidden manufacturing defects were an extraordinary circumstance is Wallentin-Hermann and a subsequent instance of van der Lans expanded on the point that a technical defect to be extraordinary would crave disclosure of a hidden manufacturing defect past the shipping manufacturer or a competent authority that impinged on flying safety.
Nosotros handled the leading appeal case in the United kingdom of great britain and northern ireland (Munius v Jet2) which established that a hidden manufacturing defect needed to come across all of the following criteria:
- The technical defect must be due to a fault in the manufacture of the shipping or particular component
- The mistake must affect an entire fleet of aircraft
- The fault must accept been notified by the manufacturer or a competent authority (Such as the CAA)
- The fault must be 'hidden' (i.due east. unbeknown to the airline)
- The fault must impact on flying rubber.
The archetype instance is when the Dreamliner aircraft were grounded due to issues with the batteries. This was extraordinary considering:-
- It was a error with the manufacturing/blueprint of the batteries.
- It afflicted all Dreamliners.
- The FAA ordered that all such aircraft be grounded immediately.
- The airlines were not previously aware of the relevant outcome.
- The mistake impacted flying condom, as the batteries were liable to combust.
Dissimilarity that to the technical defect in Munius (a leaking panel on the aircraft), which was not boggling considering:-
Information technology was not hidden – the airline had been aware of the issues for years; and The defect did not touch on on flying rubber, as the airline were clearly happy to carry on operating the aircraft withal the fact that they were aware of this ongoing issue.
What Are My Claiming Rights For Delays Caused By Technical Problems?
If your flight was delayed for more than iii hours in the terminal 6 years considering of a technical problem then yous could be eligible for up to £520 in flight filibuster compensation.
This also applies to claiming compensation for a cancelled flight due to technical defects, although the rules around merits amounts change slightly depending on how much notice you were given of the cancellation.
If the delay or cancellation is genuinely because of an boggling circumstance such as a hidden manufacturing defect resulting in an aircraft fleet recall, the airline withal has to provide yous with care and assistance equally part of EU261.
See the team
Coby Benson
A member of The Constabulary Society, Coby helped establish the flight delay compensation sector in the Britain.
His work has been recognised throughout the manufacture, winning numerous awards, including The Manchester Police Club Associate of the Year. Coby has been a key speaker on Flight Compensation, appearing on Sky News, BBC Radio and national newspapers as a flying delay expert.
Care and assistance kicks in once the flight is delayed for 2 hours (longer for long haul flights) and in this situation, regardless of the reason for the delay, the airline must provide you with the post-obit:
- Nutrient and drinkable in reasonable relation to the waiting time.
- Overnight accommodation. (where relevant)
- Transport to and from the airport and the adaptation.
- 2 free calls, emails or fax messages.
If you lot have ended upward paying for nutrient and drink (not including alcohol) or overnight accommodation out of your own pocket so yous can recover these expenses from the airline. Make sure you keep all your receipts and don't become overboard – the courts will only let yous to claim for reasonable expenses in relation to the waiting time.
Care and Assistance – Your Rights When Your Flight Is Delayed
| Flight Distance | Length of Filibuster |
|---|---|
| Up to 1,500km | After 2 hours |
| i,500km-3,500km | Later on 3 hours |
| Over 1,500km and between two EU States | After iii hours |
| Over 3,500km | After 4 hours |
Can I Nonetheless Claim Compensation Even If The Airline Says I Can't?
If you have been delayed more three hours and tried to claim compensation from the airline but they said no – don't surrender!
Many airlines volition refuse to pay bounty at outset, or they volition fence the delay is not claimable because it was a technical problem or a hidden manufacturing defect.
If this has happened in your particular case and then we tin can help. Our legal team of flying delay specialists issue thousands of court proceedings confronting airlines on behalf of passengers similar you.
Nosotros successfully recover more compensation than anyone else, and nosotros'll exercise it quicker, with no upfront costs or hidden extra charges.
There are many cases where passengers have been ignored by the airline after writing to claim compensation – or been incorrectly told they don't accept a valid claim.
In our most famous technical defect instance we took Jet2 to the Courtroom of Appeal on behalf of our customer Mr Huzar after the airline refused to pay. The instance fifty-fifty went before the Supreme Court because the airline appealed against their loss at the Court of Appeal – all for 400 Euros.
If we believe y'all have an eligible claim then we have shown we are prepared to take it all the way!
Case Studies Involving Technical Defects
Huzar 5 Jet2
We won the famous Huzar five Jet2 case eventually at the Court of Appeal – it even went earlier the Supreme Court dorsum in 2022 effectually 3 years after the actual flight filibuster.
Mr Huzar initially wrote to the airline directly to claim compensation later experiencing a 27 hour filibuster from Malaga to Manchester with his married woman and granddaughter. The airline refused to pay compensation on the basis the technical fault that delayed the flight was an extraordinary circumstance.
Mr Huzar decided to go to court and issued proceedings against the airline who were represented past a large London police force firm. The judge found in favour of the airline and at this signal 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 Courtroom of Appeal where the judges upheld the previous conclusion in Mr Huzar's favour.The airline and so practical to the Supreme Court for a further entreatment but this awarding was rejected, meaning Mr Huzar was finally able to proceed his flight delay compensation.
Family Recover Compensation from Thomson
One family of four were travelling dorsum to the U.k. from Orlando and were waiting to check in at the airport when they were told there was a technical problem with the plane and so the flight would exist delayed.
After waiting hours at the drome the airline somewhen changed the reason of the filibuster to a pilot existence taken ill and they would have to spend a night at a nearby hotel before flying out the following morning time.
Without proper food and drink provided by the airline, the family had to pay out of their ain pocket for an evening meal at the hotel.
They were taken back to the airport at 4am the next morning but security was closed until 6am so they were forced to wait fifty-fifty longer.
After contacting Thomson to claim compensation and beingness told the airline wouldn't pay out because the delay was an extraordinary circumstance, the family contacted Bott and Co via the website to submit their claim and nosotros recovered over £two,000 for them from the airline.
How To Make A Claim For Flying Delay Compensation
Making a flight delay bounty claim yourself and going direct to the airline should be a relatively simple process – unfortunately that's non usually the example.
This is because the airlines do have a valid defence in some cases – and unless you are a legal or aviation good, information technology's not easy to know whether what the airline says is actually accurate or not.
Different some types of claims, such as for train delays where the train company volition pay out automatically, considering the airline has a possible defence, this means they can make up one's mind to go to courtroom to try and convince the gauge they shouldn't have to pay.
Most people use our service because they don't want to upshot courtroom proceedings and go upwards against the airline's barristers by themselves – they want the experts on their side.
Claim the easy way for your delay with Bott and Co. Simply input your flight details into our award winning flight delay calculator and we'll check your flying instantly using our database and let you lot know if you take a valid claim.
Then just add in the passenger details and sit back while we do all the legal work.
We'll update you regularly by electronic mail with status and progress reports on your instance, culminating in a payment of compensation into your bank business relationship (or we'll ship you a cheque if you prefer).
Our clients typically win their cases in just xxx days when we event court proceedings then our service is quicker than doing it yourself and you'll save so much fourth dimension and hassle.
Merits By Airline
How Much Could I Merits?
The amounts of compensation you are entitled to claim are fixed by Regulation 261 and vary depending on the length of the delay and the flying altitude.
Claim amounts are not related to the cost of the ticket every bit the regulation is designed to compensate you for lost time and inconvenience, not reimburse your ticket price.
The maximum compensation is £520 for delays of over 4 hours on long haul flights. This amount doesn't increase even if the delay lasts overnight or longer.
The full list of claim amounts and delay length and flying distances are below. Don't forget our flight delay calculator volition piece of work all of this out for yous automatically.
For UK passengers traveling in and out of the UK, the compensation will exist paid in UK Pounds.
Flight Delay Compensation Amounts In Uk Pounds
| Flying Distance | Length Of Delay | Bounty Amount |
|---|---|---|
| Up to i,500km | iii hours or more than | £220 |
| 1,500km-3,500km | iii hours or more | £350 |
| Over three,500km | 3-iv hours | £260 |
| Over 3,500km | More than 4 hours | £520 |
If yous are claiming compensation for flights outside of the Great britain, the compensation amounts will be paid in Euros.
Flying Delay Bounty Amounts In Euros
| Flight Distance | Length Of Delay | Compensation Amount |
|---|---|---|
| Upwardly to 1,500km | 3 hours or more | €250 |
| 1,500km-3,500km | 3 hours or more | €400 |
| Over 3,500km | 3-4 hours | €300 |
| Over 3,500km | 3 hours or more and betwixt ii European union Member States | €400 |
| Over three,500km | More than iv hours | €600 |
Get A Free, Instant Conclusion On Your Flight
Only add your flight details to our free flight compensation claim checker to find out if you can claim.
CLAIM YOUR Flying Bounty
*Based on x,211 court proceedings issued betwixt May 2013 and February 2016.
Source: https://www.bottonline.co.uk/flight-delay-compensation/claim-guides/claiming-technical-defects
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