Our Client was travelling with Iberia airlines from Santiago Chile to Heathrow via Madrid on 20 September 2018.
His first flight from Santiago to Madrid was supposed to depart at 06:25 but suffered a substantial delay for over 12 hours.
In the interim our Client was taken to a hotel to wait and when he was later collected from the hotel to return to the airport he accidentally left a bag on the bus which contained his passport. He was not able to retrieve the passport on time and so could not travel on the already delayed flight. He eventually did travel a month later.
Our Client instructed Hayward Baker to bring a claim for compensation under EC Regulation 261/2004 for the initial delay to his flight. Iberia instructed solicitors to defend the claim on the basis that our Client did not have the appropriate paperwork in order to travel which was his own fault for leaving it on the bus.
We argued that even though it was unfortunate that he had misplaced his passport it was immaterial to the claim. Compensation is payable under EC Regulation 261/2004 when there is a delay to a passenger’s flight by more than 3 hours. By the time the passport got lost the passengers had already been severely inconvenienced by several hours. The damage was done so to speak.
Iberia instructed a barrister to attend the trial and Hayward Baker attended on behalf of our Client. At trial in the Portsmouth County Court Deputy District Judge Bussey-Jones agreed that compensation was payable and awarded our Client £520.
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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 upto €600 per person. Contact Hayward Baker on 01329 227 983 or complete our On-Line Form today to discuss the potential for a claim.
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