Travel Question of the Day: Simon Calder on claiming for a delayed flight six years ago
Have a travel question that needs answering? Ask our expert Simon Calder
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Your support makes all the difference.Q I got a “cold call” from a law firm saying I was entitled to £550 compensation if I had been on a flight delayed by three hours or more at any time in the past six years. Before I trawl back through my diaries to see - is that a genuine assertion?
Joe Irving, Southampton
A No, it's an exaggeration - but it does have a germ of truth. Under the EC261 passengers’ rights rules, as interpreted by the European Court of Justice, passengers who arrive at their destination at least three hours behind schedule are entitled to cash compensation. Claims are allowed as far back as the statute of limitation permits: six years in England and Wales, and five years in Scotland.
Airlines despise the rules, and the way the courts have interpreted them. Many carriers are defending claims robustly. They frequently cite “extraordinary circumstances,” which can cover anything from air-traffic control strikes to disruptive passengers, as grounds for not paying out.
If the delay was caused by a straightforward technical fault or a crewing issue, there is some prospect of success. But you will have to choose between engaging in a potentially long-drawn-out battle on your own, or placing your case with a claims handler.
Forget that £550 promise. The stipulated rates are €250 for short flights, €400 for flights of 1,500-3,500km and €600 for longer flights. The most you can expect, therefore, at the current rate of exchange is £500 - though any “no-win, no-fee” firm is likely to take a cut of one-third or so.
Every day, our travel correspondent Simon Calder tackles readers’ questions. Just email yours to s@hols.tv or tweet @simoncalder
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