Ms X was travelling with Pakistan International Airlines when her flight was delayed over 3 hours. Under EU regulation 261/2004 the passenger was entitled to compensation of 300 euros as her long haul flight was delayed under 4 hours unless the airline could show that the delayed was caused by extraordinary circumstances which no reasonable measures could have avoided. The airline tried to argue that the flight was delayed due to a Foreign object hitting the wheel which needed it to be replaced. The case went all the way to a full trial. Hayward Baker represented the passenger at the trial the passenger did not need to attend. The Judge found that there was no evidence from the airline that the need to change the tyre was anything but routine maintenance rather than a foreign object hitting it.
The Judge also found that the Defendant had failed to further prove that the delay could have been avoided. The Judge commented that “the Defendant’s case taken at its highest advances only that had unparticularised hypothetical reasonable steps been taken, the delay could have been avoided, and that therefore the court finds that the Defendant has failed to prove in all the circumstances that it did in fact take all reasonable measures or did consider what specific reasonable measures could have been taken to minimise the totally delay for the Claimant in this case”
As such the Judge awarded our Client her compensation for the inconvenience of having a delayed flight.
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 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.
Has your flight been delayed?
You may be entitled to claim compensation.