Frequently Asked Questions About Delayed Flight Compensation Claims

Delayed Flight Claims FAQ's

We have the in-house expertise and experience to deal with your claim. We will take the stress away from you for making a claim by dealing with any denial of liability from the airline and will deal with the court procedures and even pay your court fees. We charge nothing up front. If you win your case, the airline will pay a contribution towards your legal costs and the most you will contribute is up to 25% of your compensation plus VAT. Please note that we do not charge an admin fee like a lot of other firms.

If your flight was delayed and arrived more than 3 hours late then you will be entitled to make a claim for compensation. However, if your flight departed more than 3 hours late but landed at your destination under 3 hours because it made up time in the air, then under these circumstances you would not be entitled to compensation.

If your flight was delayed but the airline rebooked you onto another flight and you arrived with a delay under 3 hours then there is no entitlement to compensation here.

If your flight was cancelled then different timeframes apply. However generally if you were rerouted and arrived within 2 hours the airline will not have to pay compensation unless you were forced to fly more than 1 hour earlier than you were scheduled to fly. Please contact us if your flight was cancelled and we can provide free advice.

The airline can claim that extraordinary circumstances led to the delay. These could be sudden severe weather events, such as a hurricane or the volcanic ash cloud that disrupted thousands of flights a few years ago. The onus is on the airline to prove that these events could not have been foreseen or prevented.

The truth is that you can. We always encourage you to try to make the claim directly with the airline. We deal with nearly 200 airlines so we cannot advise you how best to approach each airline but many now have online portals for you to submit your claim.

If the airline does not respond, then you can try and make a complaint through the local regulator (in the UK this is the Civil Aviation Authority but overseas will have different regulators). Alternatively, you can try and issue court proceedings against the airline and pay court fees. The typical court fees range from £35-£115 depending on the value of the claim and further hearing fees are due if the case goes to trial.

You can find out more about the fees here:

https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

Airlines have become very adept at prolonging claims, and wriggling out of their responsibilities often employing high priced solicitors to fight these cases which can be daunting if you want to take court action yourself. We have an expert team dedicated to dealing with these claims all day, every day and have allocated resources to ensure the outcome is as swift and as successful as possible. We recognise that not everybody has the time or energy to deal with a claim and that many customers just want the stress to be taken away from them. That is why we are here.

EU Regulation 261/2004 sets out the rules on compensation for airlines passengers who arrive at their destination more than three hours late due to delay, cancellation, missed connecting flights, being denied boarding or over-booking. It came into force in February 2005 and applies to all EU member states, and the airlines that reside in them. The UK has adopted the Regulation into UK law following Brexit so your consumer rights are still fully protected in the UK. The regulation applies to all passengers regardless of age or nationality who had a confirmed reservation on a flight which departed from any airport residing in the UK or European Union, or was en-route to the UK or EU member state with an airline that is domiciled in an EU Country. For example, a Flight from Singapore to Berlin with Singapore airlines is not covered but a flight from Singapore to Berlin with Lufthansa is covered as Lufthansa is a Member State. However, remember that any flight, regardless of who operates it, will be covered by the Regulation if it depart the UK or an EU country.

At the moment there is no material impact on passenger rights in the UK as the EU Regulation has been adopted as UK law. There could be divergence between the interpretations of the law in the years to come depending on decisions of the UK and European Courts

Well it depends on the length of the flight!

1. For flights less than 1,500km you are entitled to £220 per person

2. Between 1,500km and 3,500km it is £350 per person

3. Over 3,500 it is £520 per person (however if you were delayed under 4 hours it will be reduced by half)

You are also entitled to claim some additional expenses (see below)

We can pick up a claim at any stage providing that you have not already started Court action either yourself or through another firm. On a number of occasions we have been instructed by people who have already written to the airline but have been told they do not have a claim which is a tactic of many airlines as they do not like paying compensation. We can take a quick look at your case and often we will already have some Clients on the same flight as you so we can see what happened in another case from the outset.

Yes! As long as you arrived at your destination more than 3 hours late, even if the initial flight delay was delayed less than 3 hours, you can still make a claim.

We need the airline name, the flight date and the flight number to start a claim. We also need to know how long you were delayed for, and what the reason was. Don’t worry if this information is not at hand when you contact us, we should be able to help you easily find out this information.

You can still claim as long as the ticket was paid for by somebody, in other words you were not given it free of charge. It is the passenger who gets compensated not the person who paid for the ticket, so even if you travelled on a ticket paid for by a company, or a family member, you are still entitled to compensation.

Yes, absolutely! Each person will need to sign our agreement, however it is common for one person to take the lead we just need confirmation from each individual that they are happy for you to handle the claim on their behalf. All solicitors are required to do mandatory ID checks so we will also need a photocopy or picture of a photo ID like a passport. Passengers under 18 need an adult to claim on their behalf. Infants can also claim as long as they have paid something for their ticket such as a reduced price seat for example.

Yes, absolutely! Each person will need to sign our agreement however it is common for one person to take the lead we just need confirmation from each individual that they are happy for you to handle the claim on their behalf. All solicitors are required to do mandatory ID checks so we will also need a photocopy or picture of a photo ID like a passport. Passengers under 18 need an adult to claim on their behalf. Infants can also claim as long as they have paid something for their ticket such as a reduced price seat for example. 

You are entitled to compensation for every flight delay you experience with no limit on claims. We have customers who are frequent business flyers and experience flight delays on a regular basis. It is not unusual for us to process multiple for claims for the same customers.

The regulation has very strong protections for consumers which includes looking after the welfare of passengers where their flight is delayed or cancelled.
All airlines have an obligation to inform passengers about their rights when a delay or cancellation occurs. However, time and time again many breach this obligation to their passengers.

The airlines must provide you with food and refreshments. The costs should be modest and bare a reasonable relationship to the waiting time. So for example if the airline provided you with a sandwich and a hot drink for a 3 hour wait this will probably be sufficient. If however your wait is several hours or overnight then they will have to provide you with proper meals. If they failed to do so then you can claim these back.

If you had to stay overnight at a hotel then the airline will also have to pay for the accommodation and transport to and from the hotel. You have a duty to mitigate your loss so don’t go crazy and book into the Ritz Carlton!

If your flight is cancelled, airlines also have to provide you with “suitable” rerouting. What “suitable” means could mean different things to different people. For example, if you were due to fly to attend a wedding then offering to rebook you on a flight the day after the wedding will not be suitable!
What the airlines must do is not only offer to rebook you onto one of their own flights but they must look into flights with other airlines as well and pay for this cost for you. As it is a last minute booking the cost is generally higher but they have a duty to still pay this price.

Alternatively, they must offer to refund the original ticket price if you do not want to travel due to the cancellation or if there truly are no more suitable flights. However, it is important to know that the option of a full refund or rerouting is your choice and they must give you the information so you can make an informed choice. If they failed to do this and you had to spend more money on a last minute flight, then we will always try and recover this costs if it is brought to our attention so that you are not out of pocket!

The airlines do not have a defence if they have failed to pay these expenses as they should have been provided free of charge. The only defence they have is to paying the compensation (see above).

Other expenses like lost wages are not recoverable unfortunately.

There is no impact on your rights. Both the EU regulation and UK equivalent is still in force and the airlines still have a duty of care to look after you.

So if your flight is delayed or cancelled the airline still has obligation to give you complimentary food and refreshments. If the flight is delayed overnight, then they must provide you with accommodation on top of this as well transport to the hotel and back again (see above).

However, you will not be entitled to the compensation if your flight was delayed or cancelled due to the pandemic. If you have not received a full refund for the cost of your flight tickets as a result of a cancellation following COVID-19, we can of course bring a claim for this.

Free Eligibility Check

If your flight has been disrupted due to a delay or cancellation you may have the potential to make a claim under the EU Regulation 261/2004 for compensation.  This could be up to €600 per person.  Contact Hayward Baker on 01329 227 983 or complete our On-Line Form today to discuss the potential for a claim.

Have you had a flight that was disrupted?

You may be entitled to claim compensation.

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